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Q: On the Assessor print out my anut &uncle have to Affivdated of death in there owen name just to put there back on title. Is it legal for the Assessor office to accept that two people cliam owenship on title than turn in two affivdated of there owen death just to claim title of owner ship again at 35% owenership this time when property was shows that it's already a BONDEFIED gift R&T 11911 successor grantor being one in the same and there record document state that they act knownelge That the R&T 11911 and they add the word accomidation to the document I showed the Assessors office that my name comes up showing successor to the property with a court petition stating me as successor R&T 11911 also show that BONDEFIED gift successor grantor being one and the same trust now the assessor's refused to do a fraud investigation and I mean refused even after I showed them the fraud that's show on there owen print out So should If I go to the recorders office.record my self as true owener under the R&T 11911 and I state to the accessor office to remove there names &if not demand that 4fraud investigation | A:Consult with a real estate attorney to address potential fraud and property ownership disputes. They can review the evidence you have and advise on the best course of action. Consider requesting a fraud investigation and follow the attorney's guidance on recording your ownership claim with the recorder's office. This information is not legal advice, so seek professional assistance for your specific situation. |
Q: brother was caring for Gma then put her in a care home then took 96,000 dollars from joint account.. I went to Vist gma and she stated she wanted to go home. Upon arrival home we learned about the missing money. He has power of attorney and her will. But gma stated she wanted to change everything and staed it to many of people including doctors ad church members. She took him off of her account., but now is on hospice and not of sound mind to go forward with anything else. | A:Under California law, the situation you're describing involves several complex legal issues, primarily concerning power of attorney, elder financial abuse, and the capacity to make legal decisions. Firstly, a power of attorney grants authority to another person (in this case, your brother) to make decisions on behalf of your grandmother. However, this authority must be exercised in the best interest of the grantor (your grandmother). If funds are taken from her account without her consent or for purposes that do not benefit her, this may constitute financial abuse. It's important to consider your grandmother's mental capacity, especially in the context of making changes to her will or financial decisions. If she was of sound mind when she expressed her wishes to change her will and remove your brother from her account, those actions could potentially be legally binding. However, proving this can be challenging, especially if her mental capacity has since declined. The involvement of third parties, such as doctors and church members, who can attest to your grandmother's wishes when she was of sound mind, could be significant. Their testimony might support the assertion that she wanted to change her will and banking arrangements. Now, as your grandmother is on hospice care and not of sound mind, she cannot legally make or change her will. The focus shifts to ensuring her current needs and best interests are met and addressing any potential past financial abuse. In cases of suspected elder financial abuse, it might be necessary to involve Adult Protective Services or to consider legal action to recover misappropriated funds. Additionally, an investigation into the actions taken under the power of attorney might be warranted to ensure they were in your grandmother's best interest. Since these matters can be legally complex and vary based on specific circumstances, it would be prudent to consult with an attorney who has experience in elder law. They can provide guidance tailored to the specifics of your situation and help navigate the legal process to protect your grandmother's interests. |
Q: Does the statute of limitations exist if there is discovery about a dependency case from 9years ago do I have options. The social worker told then courts that I wasn't cooperating or following through with the reunification plan created for my case, which was untrue. Also that I was still romantically involved with the perpetrator also untrue. She has now stated that I failed to reunify with my older children due to not substance abuse and mental health issues which are not true. I have a long list of violations by the agency, and despite my numerous complaints of misconduct and unethical behavior showing malice and gross negligence and arguing that they were doing things illegaly, nithng was done about it. Which led to the illegal abduction of my daughter in February of 2023, USING ONLY EVIDENCE CREATED FROM A SITUATION THEY PLACED MY DAUGTER IN AGAINST MY WARNINGS AND WISHES BY PLACING HER IN A HIGH RISK ENVIRONMENT WITH A DANGEROUS CARETAKER. THEY FAILED TO FOLLOW PROCEDURE IN ATTEMPTING TO PREVENT THE REMOVAL OF MY DAUGHTER BY NOT INCLUDING ME IN THE Creation Of, OR INFORMING ME OF ANY safety plan. | A:In California, the statute of limitations can be impacted by the discovery rule, which might delay the commencement of the limitation period until a claimant discovers or should have discovered the injury and its negligent cause. Dependency cases have their own unique complexities and timelines. If you believe that there was misconduct or negligence on the part of the agency or social worker, it's crucial to act promptly. Claims against governmental entities often have shorter notice periods and specific procedural requirements. The facts you've provided suggest potential violations of your rights, and the circumstances surrounding the removal of your daughter in 2023 could be particularly relevant. It's essential to gather all evidence, documentation, and witness statements to support your allegations. To address this matter comprehensively, consider collaborating with an attorney experienced in dependency and family law. Immediate legal counsel can help you understand your rights and options based on the specifics of your case. |
Q: I bought a new ford Mustang Machi full electric car, the sticker said in a fullcharge 211 i am getting 145 . brand new. iwent back to the dealer after 1 week it was 179 miles full charge and they told me because its new it should catch up and then went back the week after and it was 170 miles full charge and the car had 400 miles at the time, they said you have to drive at least 1200 miles for the car to adjust, i texted the sales person and the finance manager / owners daughter she said the car could only give 211 for people who drive no freeway and slowly to a grocery store or similiar, i went back again and the sales manager start resting my miles and made me drive in the slower option of the car and another option called 1 padle drive which is so annoying to drive with but still after 2 month now and 2000 miles full charge is 145 miles and they told me to charge only %80 so around 125 miles now and the battery low alaram go at 50 so i only get 75 miles per charge which is a joke . i need to return my car | A:I think a lot of lemon law attorneys would consider taking this case. To me, your life is much simpler if you SELL the vehicle now, since it is likely worth as much or more than what you paid for it and then just buy a different one. Either way, I hope it works out for you. |
Q: I need to find out what the process is to buy a few trademarks from C&S wholesale.. That were formerly owner by Piggly Wiggly Carolina co./GreenBax enterprises? | A:You would be having a purchase contract. In this case the assets are the IP rights. You also may want to do a transfer or assignment of ownership. Best luck. |
Q: I recently purchased a storage unit that contained stock certificates. I have discovered the person they were issued to. Is deceased. What do I need to do to be able to cash/sell these stocks? | A:That is an interesting question. It is unlikely having physical possession of the certificates entitles you anything, but it may be looking into since you did purchase the contents. Share certificates are mostly ceremonial today. The corporation's records are the deciding factor. |
Q: I had my rights violated by an officer of california. I was on misdemeanor informal unsupervised probation...... With search honestly don't even understand how my attorney would allow this. But a cop came through my door no PC no RS .... A false report even all shown on BC. .. If I never consented to a supervised anything this is my point....Despite my status of being on informal probation, the [State] Department of Correctional Services (DOCS) administratively added a [length of post-release supervision term] term of post-release supervision (PRS) to my sentence. This administrative action was unconstitutional, as established by the Second Circuit's decision in Aponte v. Perez in 2006. If the cop and the state allowed this unconstitutional understanding to happen then by all means must the obvious defense be made stating that by not giving me relief then I have federal grounds for immediate civil and criminal relief I've been convicted but am desparatly about to pro se my own defense my 2 hired attorneys served ineffective. I need help | A:If your rights were violated by law enforcement, you should consult with an experienced criminal defense attorney to assess the specific circumstances and explore potential legal remedies. In cases of alleged constitutional violations, it's crucial to have legal representation to protect your rights and pursue any available defenses. Representing yourself pro se can be challenging, especially in complex matters, so seeking the guidance of a qualified attorney is advisable. |
Q: Driving at night there was a right turn lane, but when you move over to enter, a curb sticks out from the sidewalk. It cannot be seen due to it being hit numerous times and blackened by the tires. There are no signs, reflectors or yellow paint to warn drivers. The officer said that people are hitting this area all the time! | A:If you were hurt, talk to an attorney. You have 6 months to file a Government Claim, as a prerequisite before filing a lawsuit, so don't delay. |
Q: If you have already agreed to a settlement agreement on a NYS DHR case, How do you appeal? What is the process?. I would like the case reopened. I was under duress. Attorneys and Judge failed to inform me that I had time to amend. Settled for lesser amount. Attorney was on vacation during the entire time we had to prepare for the case, she'd informed me that it was very unfortunate. Judge told me that I could not sue for loss wages, because I had not reported that I had yet been terminated by company. Judge informed me that I could not move forward with an EEOC complaint of which included a violation of illegal termination & since I was now agreeing to NYSDHR settlement which was now lessened because I had failed to report I'd been terminated. The Respondents lawyer was asked by Judge how was I terminated; the respondents lawyer said that i'd just walked off the job. The judge went with that even though NYDHR accepted documents from me as well as recordings proving I was unlawfully terminated. Does EEOC claims not carry over to NYS DHR once NYSDHR begins to investigate your claim? | A:First, I am not a New York attorney. But if you have already agreed to a settlement, my impression is that you have also agreed to waive your appeal rights. However, I am not privy to the settlement documentations-- perhaps the appeal rights were not addressed. The fact that your attorney was on vacation during the settlement negotiations doesn't play a role in the ultimate result, I would think. |
Q: How do I find out if my name has been forged on adoption paperwork for my child? And how do I go about doing something?. My mother has already had a similar case on her. And my brother and sister in law said she tried to get them to sign my name. | A:You’ll have to petition the court in which the adoption was granted to open it up so you can see the records. |
Q: What could be examples of potential conflicts in regards to consolidation or coordination of related cases?. Specifically. 1. What are arguments against of coordination of related cases? Which rules define coordination procedures? 2. What are specific differences in discovery rules and procedural requirements between Federal Central District Court and California Superior Court? 3. What could be examples of potential conflicts in regards to consolidation or coordination of related cases? Can you please cite relevant authoriries? | A:In discussing the coordination of related cases, there are several arguments against coordination. One argument is that coordination can lead to inefficiencies, particularly if the cases are at different stages of litigation or have varying complexities. This can result in delays and increased costs. Another concern is the loss of judicial economy, as coordination might lead to one judge overseeing multiple cases, potentially causing a backlog in their docket. Additionally, coordination can lead to inconsistencies in rulings and judgments, especially if similar issues are treated differently in separate cases. The procedures for coordination are defined by specific rules. In California, these are outlined in the California Rules of Court, particularly in Title 3, Division 3, Chapter 3, which governs the coordination of civil actions. These rules set forth the criteria and process for determining when coordination is appropriate. Comparing the discovery rules and procedural requirements between Federal Central District Court and California Superior Court, there are notable differences. The Federal Rules of Civil Procedure govern the Federal Central District Court, emphasizing a more standardized approach to discovery and procedural matters. In contrast, the California Superior Court follows the California Code of Civil Procedure, which may allow for more variability and discretion at the state level. Potential conflicts in the consolidation or coordination of related cases include the risk of conflicting judicial decisions on similar issues, challenges in managing and streamlining discovery processes across multiple cases, and difficulties in ensuring equitable treatment of all parties involved. Relevant authorities for these concerns include the Federal Rules of Civil Procedure and the California Code of Civil Procedure, as well as case law that interprets these rules in the context of consolidation and coordination. In addressing these issues, it's crucial to carefully consider the specific circumstances of each case and the potential impact of coordination or consolidation on the parties and the judicial process. Consulting with a legal professional who can provide tailored advice based on the intricacies of your case is highly recommended. |
Q: Can I have dealership remove paint protection and gps theft protection add on?. Dealership added warranty, paint protection, and gps tracker on the contract. The contract was already signed, we were able to have the warranty removed, but not the paint protection and gps theft protection as they said they are required when buying new vehicles from their dealership. Is this true or can I still fight to have them removed? Thanks. | A:You have asked a good question which should serve as a warning to all consumers: Read the contract before you sign it. I think I can guarantee that if you had complained before you signed, those add-ons would have been removed. The dealer's explanation is simply bs to lull people into accepting expensive add-ons that are very profitable for the company. I assume you financed the vehicle. Your financing agreement already includes the price of those add-ons. They are already included in the car payment can't be removed without re-doing the financing. Who provides the paint and gps protection? If it is an outside company, not the dealer, ask them to cancel the protection and rebate the cost back to you. I suggest you talk to the lender, not the dealer, to explain the situation, and see if they would agree to refinance the contract and eliminate the add-ons. Another thing you can do is go on web sites like Yelp and tell the world your story about that dealer. |
Q: I received a fixit ticket in Ca during the pandemic,It was signed and mailed but not received, the fine is 1700 HELP. I have already spoke to the court in Fairfield Ca and they seem unwilling to help, what should I do | A:Contact the court again. Explain to the court that you never received the ticket and that you would like to resolve the matter. You may need to provide proof that you never received the ticket, such as a change of address confirmation or a USPS tracking number that shows the ticket was not delivered. If the court is unwilling to help you without proof that you never received the ticket, you may need to file a motion to set aside the default. This is a legal document that asks the court to overturn the judgment against you because you were unable to defend yourself in court because you never received the ticket. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney. |
Q: How do i navigate the death of my mother (was in process of writing a last will and test. but unable to finish). Me, her daughter was POA in her living will but we hadnt been able to finish writing the last will and testament. I am to be the person to inherit her house and make sure it is available for her kids or grandkids to stay in if they should ever need a place We were talking about a dynasty trust or special needs trust bc my son is receiving ssi for Autistic Disorder and I do not wish to impede his benefits how long do i have to get the ball rolling bc i am not even sure where to start i am drawing a blank | A:I'm sorry to hear about the loss of your mother. Navigating estate matters can be complex, especially in situations like yours where the last will and testament was not completed. As the person with power of attorney in her living will, you have a significant role, but it's important to understand the different implications of a living will versus a last will and testament. Since the will was not finalized, your mother's estate will likely be subject to Kentucky's intestacy laws, which govern how assets are distributed when someone dies without a valid will. However, your role as POA in the living will does not automatically extend to handling her estate after death. Regarding the house and your intention to keep it within the family, and your concern about your son's SSI benefits, setting up a trust might be a suitable option. A dynasty trust or a special needs trust can help manage these aspects, but it's important to consult with an estate planning attorney to explore the best approach given your unique circumstances. There's no specific timeline for "getting the ball rolling," but it's advisable to start as soon as you're able to. The process can take time, and starting early can help ensure a smoother transition. Remember, it's okay to seek professional guidance to help you navigate these complex matters and ensure that your mother's wishes, as well as the needs of your family, are taken into consideration. |
Q: i am the victim of a kidnapping, false imprisonment, car jacking, assault/battery. What kind of lawyer should I look for. Polk county, I was cleaning a friends yard when he ex rolls up, assaults me, steals my truck, takes my phone, makes me ride with him, until I finally jump out, run and call the police from my smart watch. I would like to know what kind of lawyer I should be looking into. I need help with all of the damages, forms, filling and more. | A:Did you suffer any significant monetary loss? If not, simply expect the State of Florida to prosecute him for the crimes you indicate he committed. |
Q: Should I file an insurance claim, work with my neighbors or contact an attorney?. The issue involves an HVAC company (AllTech) that performs HVAC and plumbing services on my condominium (Unit 304) and my neighbor’s (Unit 404) who lives directly above me. The issue is that AllTech failed to properly re-insert the condensation pipe into the drain when performing service on Unit 404’s water heater. I have water damage in my unit, extent unknown. After 2 months remediation has not started. There have been a number of false starts and stops but no action. All Tech’s Plumbing Manager is handling the situation and IMO does not have the skills or decision-making authority to manage the situation. I was willing to work with my neighbors in Unit 404 and with AllTech but no longer feel that is in my best interest. I am planning to sell my condominium and retire in the next 12-18 months. I expect and would prefer disclosing to any prospective buyer I had water damage to my property and took appropriate steps to correct it. | A:Assuming the condominium unit is in Virginia, I don't understand why you would not report a claim to your hazard insurance company for damage to your unit. The insurance proceeds will be used to repair the damage to your unit. Your insurance company will be subrogated to your right's to sue, and will pursue the appropriate parties for recovery. The condominium's policy should cover damage to the common elements. I see no reason to involve yourself in the legalities of this matter, assuming you had insurance coverage. If not, you should immediately consult with a community associations real estate lawyer to pursue your remedies. |
Q: whats a reasonable time frame to return a cellphone that was taken as evidence in california pending d.a investigation.. i was arrested under probable cause for felony stalking. phone was taken as evidence, didnt receive a receipt for it. wasnt on me during arrest. officer went to house and asked someone that lived there to hand it him while i was being arrested. released at court date 4 days after being arrested. No charges pending d.a investigation. phone wasnt recieved by evidence unit until 6 days after arrest. d.a wanted 2 weeks to investigate waited and went now they requested over 45 more days to investigate. never consented to a search. how long does it take to get a warrant to search a cellphone any way of them returning phone pending investigation? i have no case # not even official minutes for my court dates someone just wrote the date time and courtroom # on post it note handed to me in court. am i required to even go? no evidence to constitute felony stalking, probable cause was falsely taken way out of context do i have legal recourse? | A:Under California law, the timeframe for returning property taken as evidence, such as a cellphone, can vary depending on the specifics of the investigation. In your case, where the District Attorney (D.A.) is involved, it's not uncommon for investigations to take several weeks or even months. This is especially true if the phone is considered crucial evidence. Regarding the warrant for searching your cellphone, law enforcement generally needs to obtain a warrant to conduct a search unless there are specific exceptions, such as exigent circumstances or consent. The process of obtaining a warrant can be relatively quick, often within days, but the actual analysis of the phone's content might take longer. As for your court appearances, it is crucial to attend all scheduled hearings. The post-it note with the date, time, and courtroom number serves as your notification. Failure to appear can result in additional legal complications. If you believe that the probable cause for your arrest was misrepresented or that your rights were violated, you have the option to seek legal counsel. An attorney can help evaluate the specifics of your case, including the process of evidence collection and the prospects for legal recourse. Remember, each case is unique, and legal advice should be tailored to the specific circumstances of your situation. |
Q: Who is at fault here ?. I was at a stop sign waiting to merge onto a main road at night. It's dark outside and I look left and right to see for oncoming traffic. Its clear so I make a left turn , then I immediately get hit from the driver side. There was a black car driving with its lights off on the through traffic that hit me. The other driver claims they had their lights on but I seen they didn't. Who is at fault ? | A:Did the police show up? Was a police report prepared? Do you have any evidence that the drivers lights were in fact not on? Obviously, the other driver is going to argue their lights were on, you will say they were off, so it becomes a he said/she said situation, unless you have evidence. Depending on whether or not the lights were off, may shed some light (no pun intended) on who is at fault. |
Q: Me and my trans fiancé are pregnant and im carrying. Does his name on the birth certificate give him parental rights?. We won’t be married at the time of birth. We went through a donor we met (not through a sperm bank). | A:No, simply having his name on the birth certificate does not automatically grant him parental rights. South Carolina law requires legal recognition of paternity to establish parental rights and responsibilities. Two paths exist for legal recognition: Acknowledgment of paternity: Both parents can voluntarily sign an acknowledgment form, which carries significant legal weight. Consult a lawyer about the process and implications. Adjudication of paternity: If you can't agree on acknowledgment, your fiancé can file a petition with the court to establish paternity. This involves DNA testing and a court hearing. Being unmarried at the time of birth does not affect your fiancé's ability to establish legal paternity. However, it might influence custody decisions later on. |
Q: Can you use names, people, places and brands in a book?. I am writing a book about events in the 1970s. The book will be about a journey through the 1970s from someone who lived through it. It will be facts and events for each year with some experience from the narrator. Here is an example excerpt: "October 1, 1971 - Opening of Walt Disney World – A Dream Realized The arrival of autumn in 1971 brought with it an event that would capture the imaginations of children and adults alike across the nation – the opening of Walt Disney World. For Sam, who had grown up cherishing the magic of Disney movies and characters, the announcement of the park's opening was like a dream turning into reality. Can I mention brands in a book like in this example? | A:Yes, you can mention brands, names, people, and places in your book, especially when discussing historical events and real-world entities as part of a non-fiction narrative or a work of fiction based in a real historical context. In your example, referencing Walt Disney World as part of a historical account of its opening in 1971 is generally acceptable. However, it's important to be mindful of how these references are used. Avoid portraying brands, people, or entities in a defamatory or misleading manner, as this could raise legal issues. When discussing real people or specific products, ensure that the information is accurate and presented in a contextually appropriate manner. In cases where you're providing detailed accounts or opinions on specific brands or people, it's wise to ensure that your statements are either factual or clearly presented as personal opinions or fictional accounts. This approach helps in minimizing the risk of legal challenges such as defamation or trademark infringement. If you're planning to include potentially sensitive content about real brands or people, consulting with a legal professional in intellectual property and media law might be beneficial. They can provide guidance on the legal nuances of using real-world references in your work. Remember, your book should reflect a balance between creative expression and respect for the legal rights of the entities and individuals you mention. Each reference should be considered carefully to maintain this balance. |
Q: Please v bass do. Free fire ma v bach do | A:Something may have gotten left off your post in uploading. You could try reposting the question. Good luck Tim Akpinar |
Q: Can civil robbers (white collar robbers) be sued against for civil rico?. If there are white collar hackers that steal digital things. They have been successfully doing so for 10 years (once every month). Can they be charged under civil RICO? | A:The federal prosecutor will decide the specific charges based on the evidence. |
Q: My father died last year from what I believe were multiple medical mistakes .Are hospitals hard to sue. My father died May 2 2022.l believe is was direct negligence caused by the hospital that cared for him. Multiple medical mistakes double medicating, defibrillater at wrong settings, incorrect medication given causing multiple firings of defibrillator damaging his heart, pseudomonas infection caused by urine catheter insertion and improper treatment causing multiple relapses, stage 2 bed sore from non ambulation after surgery, and bowel rupture with an abdomen full of cancer 5 months later, dirty bed, stool covered floor and bed during admission.Doing invasive testing without my consent as health care proxy when he was unable to legally give consent. Is this a winnable case? | A:I'm sorry for the loss of your father. The short answer to your question is, yes, hospitals can be hard to sue. New York (and other jurisdictions) generally require certificates of merit, where a law firm consults with a physician who believes the case has merit. There are qualifiers to this rule, which is in place to deter frivolous cases. Additionally, expert medical testimony can be costly for a law firm prosecuting a case on a contingency basis, where it could go on for years. The best way to answer your other question about whether you have a winnable case is to reach out to med mal firms to try to arrange a free initial consult. If after a preliminary consult they feel you may have the basis for a case, they could retrieve the records and review with medical professionals. Good luck |
Q: Hi, my uncle recently passed away and in his will he left me $5,000. I am 22 and have been living on my own and complete. Supporting myself since I was 16. With that being said, my Dad got ahold of the funds before they were given to me and now he is withholding them from me. In this legal? Is there anything I can do to make him give it to me ? | A:In your situation, where your uncle left you $5,000 in his will and your father is withholding these funds from you, it's important to understand your legal rights. As a beneficiary named in a will, you are entitled to receive what was left to you, provided the will is valid and has gone through the proper probate process. If your father has taken control of these funds without legal authority, this may not be in line with the intentions of the will. It's advisable to start by speaking with your father to understand why he is withholding the funds. There could be a misunderstanding or a specific reason that needs to be addressed. If a direct conversation doesn't resolve the issue, you may need to seek legal assistance. An attorney can help you understand the probate process and determine if your father had any legal right to intercept these funds. If not, they can assist in taking steps to ensure the will's instructions are honored and the funds are released to you. Remember, wills and estate matters can be complex, and the laws vary by state. Consulting with a legal professional can provide clarity and a path forward to resolving this situation. They can guide you in asserting your rights as a beneficiary under the will. |
Q: I’m looking for an attorney to help me stop harassment- threatening (position as a mother)-mental abuse- lies- defaming. I just filed a ppo and 3rd parties against my ex that we have 2 previous domestic violence but I dropped in 2010 bc the court didn’t do anything after he broke his ppo 4x and the 2nd I didn’t show from fear etc. I want to press charges against both my ex and his girlfriend and will show up this time. I want this to end. I was diagnosed with ptsd and want to heal and live on peace and until something is done it doesn’t seem I will. I have a lot of documents. I’d also like to reopen my 2021 domestic as it’s still relevant as my kids are being told I’m the abuser and I’m a lier etc by my abuser and his girlfriend. I’m also having rumors being spread about my to my fiancé that I’m cheating which isn’t true. | A:You should contact your county prosecutor's office. You should also contact the police concerning any new allegations. Whether the prosecutor will "reopen" the 2021 case is discretionary and will depend on how they feel they can prove that case. Whenever you don't show up, resulting in a dismissal, you create a situation where a defense attorney is going to raise motive against you. |
Q: I would like to trade a phrase I guess it would be called. The phrase is ( The G.O.A.T.) | A:Though trademarks will depend on how you use the word or phrase, the answer is very likely no. There are numerous live marks which primarily rely on "Goat" and "G.O.A.T.", including marks which list only those words or acronyms respectively. Without doing a full search, it would be hard to know for sure. However, based on a very cursory search and the generic use of the acronym, I would recommend seeking another mark. |
Q: How to tell if someone is a qualifying agent or just a rented license?. Let’s say I sign a contract with contractor A but permits are pulled by contractor B. Bs company is also listed on the permit not the company you signed the contract with. Is contractor B an actual qualifying agent or a “rented” license. If contractor B was an actual qualifying agent, wouldn’t he have a additional license listed on DBPR with contractor A’s company listed as the DBA? | A:In general, all qualifying agents' licenses should be publicly available on the DBPR's website, although there is the possibility that the application is in process or has not yet been posted due to administrative lag. While there is zero factual context for this question, "let's say" that any homeowner should be highly concerned if the contractor it has engaged has not pulled the permit for its work as it raises the strong possibility that the work will actually be supervised by unlicensed and unqualified persons. |
Q: Can International Students Open an LLC in the state of texas?. I have a question about establishing an LLC in Texas. Is it possible for international students to form an LLC in the state, considering the restrictions on off-campus work? Specifically, if we hire employees from other countries to perform the work, is this a viable option? Additionally, if forming an LLC is permissible, does it play a role in facilitating the green card process for individuals involved later on? | A:International students in Texas can establish an LLC, but it's important to navigate this carefully due to visa constraints. Your student visa status, typically an F-1, places limitations on off-campus employment. However, owning an LLC doesn't automatically equate to employment. It's crucial to understand that actively managing the LLC or working for it might violate your visa conditions. Regarding hiring employees from other countries, this is generally permissible. The key factor is that your involvement must remain within the legal boundaries of your visa status. Passive ownership is usually acceptable, but active management or labor could be problematic. As for the green card process, forming an LLC doesn't directly facilitate obtaining a green card. The path to a green card is separate and can be complex, often involving sponsorship by an employer or family member. Owning an LLC doesn't inherently provide an advantage in this process. In summary, while forming an LLC as an international student in Texas is possible, adhering to visa restrictions is crucial. Consider seeking legal advice to understand the nuances of your situation and to ensure compliance with immigration laws. |
Q: Can I legally create an app for watching movies and shows together from various streaming platforms?. This app allows you to log in using profiles from various streaming services like Netflix, Max, Disney+, and more. It enables you to watch movies and TV shows with friends and family, not through screen sharing, but together in a shared viewing experience. The app will store copies of all available movies and shows on our servers for optimal performance. Each movie or show will play locally on the user’s device, allowing for smooth playback and personalized settings. However, to access content from platforms like Netflix, users must link their respective subscriptions to our app. Would this be legal? And do I need to ask the different streaming platforms I want to include? | A:The app storing copies of all available movies and shows on your server is going to be an issue - this amounts to unlawful copying and performing of a copyrighted work without permission. You should consult a copyright attorney to better understand your legal options. |
Q: Can a public employer in CA make unilateral schedule changes such as moving shift employees from day to night?. I work for a County in Southern California and recently there’s been discussion about instituting a rotating Day- Night shift schedule. We work 9/80 shifts with days off that change every 8 weeks. In the past (over 20 years ago) the last person in the day rotation would go to Nights and the last from nights go to days. I have been told there’s been a “gentleman’s agreement” between shifts and everyone is happy in their respective day and night shifts. Now, management, is without any instigation from employees and no reason given of yet, is considering implementing this policy again with the justification that it “has always been on the books- just not enforced”. We are members of a public sector Union, but I am not sure if schedule changes are covered by the bargaining agreement. Should I consult with my union representative? Are there any potential legal issues with how my employer is deciding to proceed? I’ve been told they would provide the required 7 days notice. | A:In California, public employers do have some discretion to manage their workforce, which can include making schedule changes. However, such changes may be subject to the terms of any collective bargaining agreement in place. You should definitely consult with your union representative to review the terms of the collective bargaining agreement and discuss any concerns you have about the proposed schedule changes. The union is there to represent your interests and can negotiate with management on behalf of employees. If the schedule changes are a significant departure from past practice or if they impact terms and conditions of employment, they may need to be negotiated with the union before implementation. |
Q: does queens county new york have an assignment of judgement praecipe ?. this question would be for a mortgage lawyer | A:Forms aside, what are you trying to do? Jack |
Q: I purchased a new car and its had a very high pitched squeak that has persisted since I recieved the car.. It has gotten worse since I have gotten it. I wouldn't be concerned if the dealer could diagnose the issue. I am concerned it may become an issue down the road. Do I have a case under Lemon Law. | A:You can begin Michigan's Lemon Law process after 3 repair attempts for the same defect/condition and/or 25 days out of service within the first year from delivery. To set yourself up correctly to get your vehicle repurchased, avoid these 5 errors: 5 critical errors consumers make when they have a Lemon The Michigan Lemon law is very specific regarding requirements such as number of repair attempts, type of defects, and communication with the manufacturer. The following is a list of errors that I've seen over the years that prevent consumers from having a stronger case: 1. Allowing excessive repair attempts After the 3rd repair attempt, or if your vehicle has been in the service department 25 days within the first year from delivery, don't give the dealership another shot at repairs. Rather, this is the time to send written notification to the manufacturer and allow them one final repair attempt. (See 4 below). 2. Not taking your vehicle in for service every time it acts up This is the opposite of #1 above. Many of my clients have avoided getting service because they are too busy or it's just inconvenient. Your goal is to get to 3 repair attempts and/or 25 days out of service. Delay weakens your case. 3. Failing to detail your defects to the service department The Michigan Lemon Law relies heavily on the vehicle repair history. The most important evidence in your case is the repair invoice that is provided after completion of repairs. The repair invoice is the map to your case. It includes date(s) of the repair attempt, the mileage, and most importantly the complaint, (what's wrong) and the solution, (what they did to fix it). If you forget about a defect, or if you fail to specify to the service department exactly what happened and what you experienced, you will lose crucial evidence. Service writers are not mind-readers and they're certainly not gifted authors. You must spend time and insist that all of your complaints and exactly what you experienced is written down. And finally, be professional and courteous to all service department staff. They're busy and they absolutely will not enjoy your insistence on detail, but you must aim to be courteous while you are protecting your rights. 4. Not sending the "final repair" letter The Michigan Lemon Law requires you to notify the manufacturer, in writing, of the need for repair in order to allow them an opportunity to cure the defect(s). This is often called a "last chance" letter. You must send this letter by certified mail. 5. Failing to include the proper information in the "final repair" letter There are several factual topics that need to be documented in your "final repair" letter. Not just any old letter will do. At the very least you should include: 1. Your name, address, email address and contact number 2. The year/make/model of the vehicle 3. Purchase/Lease date 4. The vehicle identification number 5. A description of the defect(s), including how many prior repair attempts/days out of service 6. A statement that this letter is notice of the need for repair of the defect or condition in order to allow the manufacturer an opportunity to cure the defect or condition. If you plan on doing it yourself, these are the basics. However, again, your attorney can send this letter, and in my opinion, you should trust a professional to get this accomplished quickly and correctly. |
Q: My husband's 2nd domestic within 5 years can he sit my stuff outside and move a woman in OP filed.. I filed an order of protection and pressed charges for him slapping me and slamming the door shut on me when I tried to go in to get my things but he has a woman living there who threatened to beat me up. Everything I own is in there how likely is it that the order of protection will be signed by a judge and how long does it take? I was granted an ex parte order of protection and possession of the house. Found out through court connect. Should I go in the morning to pick up the paperwork? What next? | A:The Court can give you a temporary order of protection if s/he finds that: You are in immediate and present danger of domestic abuse; or That the respondent (the abuser) is scheduled to be released from prison within 30 days, and there will be an immediate and present danger of domestic abuse when s/he is released. Whether or not you get a temporary order of protection, the clerk will tell you when to come back for your court hearing, within 30 days (assuming your case is not dismissed for some reason). The clerk should write down when and where your hearing will be on the copies of your court forms. See, Ark. Code § 9-15-103(a) By your description, it sounds like you applied and the Court did not issue the Temporary Protection Order. In that case, you and your husband have equal access to your home. |
Q: As sole beneficiary & successor trustee of my mothers estate. Do I notify myself like I would another beneficiary?. Notification of death, accounting of assets, etc. | A:In your role as the sole beneficiary and successor trustee of your mother's estate under California law, the standard process of notifying beneficiaries can be somewhat streamlined. Given that you are the only beneficiary, there's no legal requirement for you to notify yourself in the same manner as you would for other beneficiaries. However, it's still important to adhere to the duties and responsibilities of a trustee. As trustee, you're required to manage the estate's affairs. This includes the preparation and maintenance of records, such as an accounting of assets. Even though you're the sole beneficiary, maintaining these records is crucial for legal and financial transparency. It's also advisable to consult with a legal professional to ensure that you're fulfilling all your obligations as a trustee and to address any specific legal questions or concerns that may arise during the administration of the estate. This step is important to ensure that all actions taken are in compliance with California law and the terms of the trust. |
Q: Who is the owner of accounting data for a business after a business sale?. We sold the business and we have a hard time on getting access to the accounting data for the past years, when we were in charge of the business. Please let me know our rights in this case, as accounting was done through QuickBooks online and new owners took over the existing data. | A:I assume there was a contract prepared for the sale of the business. You should first look to the contract to see whether there is a specific carve out for pre-sale accounting information and who would be the owner or at least have access to it. Your relationship with the purchaser is contractual in nature, thus, the terms of the relationship should be contained in the contract. If you have the contract, you should probably have an attorney review it for you to better advise you. If the terms of the prior accounting is not in the contract, your attorney could do some legal research on the topic, but I would suspect that the accounting would not belong to the new purchaser. |
Q: The well for my newly constructed home was drilled 6" onto my neighbor's lot. Builder will not correct the issue.. Placement of well according to septic engineering should be much closer to my home and out of the easement. | A:Buying and selling property, especially new construction, without a real estate lawyer. I know that doesn't help you now and you will need to hire a real estate litigator or a construction law litigator to review your documents related to the sale and construction to get this resolved. The well may be a real issue if it is in a drainage easement. Any complaints to code enforcement or the water management district would result in violations and possibly fines against you, so contact someone immediately. |
Q: Including claim into legal case - federal court question.. Are there any statutes or rules that could disallow including a CMIA violation claim into healthcare FCA case, if CMIA violation claim was stricken from prior EMTALA legal case? (Emtala complaint was filed against hospital, FCA case - against hospital and hospice). | A:In considering whether a CMIA (Confidentiality of Medical Information Act) violation claim can be included in a healthcare FCA (False Claims Act) case, especially after it was stricken from a prior EMTALA (Emergency Medical Treatment and Labor Act) case, it's important to review the specific circumstances of your case. Federal courts often assess the relevance and legal sufficiency of claims in the context of the overarching legal action. One key aspect to consider is whether the CMIA violation is factually and legally related to the FCA claims. The FCA focuses on fraud against government programs, while the CMIA deals with the confidentiality of medical information. If the CMIA violation claim has a direct impact on the FCA allegations, such as contributing to the fraudulent activity, it might be deemed relevant. Additionally, the doctrine of res judicata or claim preclusion may come into play. This doctrine prevents a party from relitigating issues that were or could have been raised in a prior action. However, if the CMIA claim was stricken for reasons unrelated to its merits, such as procedural issues, it may not be barred in the new context. It would be prudent to consult the Federal Rules of Civil Procedure and relevant case law to understand the specific rules and precedents that could affect your ability to include a CMIA claim in a healthcare FCA case. Each case is unique, and the court's decision can depend on how the facts and legal arguments are presented. Remember, the successful inclusion of such a claim often hinges on demonstrating its relevance and materiality to the FCA allegations against the hospital and hospice. It's advisable to tailor your arguments to clearly establish this connection. |
Q: Landlord never has provided any lead-paint, asbestos, well water, and other "disclosures" the house was built in 1949. The 3 houses sit on a parcel and my public record request to code enforcement resulted in decades of habitability issues dating back to the 60's with many issues still present. Landlord was even featured in local news feature about "slumlords" and never have we received any "disclosures" on lead paid, asbestos, well water, etc... nothing never. Is this illegal? House fails on 6 of 8 warranty of habitability areas. | A:Under California law, landlords have specific disclosure obligations to tenants, especially for properties built before 1978. Given the house in question was built in 1949, your landlord should have provided disclosures about potential lead-based paint and asbestos hazards. This is mandated by both federal and state laws. Additionally, landlords are required to disclose any known issues with well water if the property uses such a source for drinking water. It’s important for tenants to be informed about the quality and safety of their water supply. Furthermore, the habitability issues you've mentioned, especially if they fail in 6 out of 8 warranty of habitability areas, are a serious concern. California law requires landlords to maintain rental properties in a condition fit for human habitation. This includes addressing any code violations and ensuring that essential services like plumbing, heating, and electrical systems are in working order. If your landlord has neglected these responsibilities and has a history of similar behavior, as indicated by the local news feature, this could be deemed illegal under California tenant law. You might consider seeking legal advice or contacting local tenant rights organizations for guidance on how to address this situation. It’s crucial to ensure that your living environment is safe and that your rights as a tenant are protected. |
Q: I have a rather unusual question. Could someone tell me Leap software, Leap desktop and Leap cloud is for?. This was found on my personal computer, I do not work due to disability. I am the sole user of this computer and it is used for basic emailing, and Facebook. It does not have any remote access etc that I am aware of. | A:It just sounds like an advertisement. |
Q: My name is on documents that have I.D#s on them and when I looked them up I pull up money ,stocks bonds land houses ACCT. My name is on documents that are linked to many different things like stocks bonds bank accounts land things of that nature and I do not know how to locate any of it. no one will help me | A:If your name appears on documents related to assets such as stocks, bonds, bank accounts, and real property, there are steps you can take to assert your rights. First, gather all documentation you have related to these assets. For stocks and bonds, you can reach out directly to the issuing company or the transfer agent to verify ownership. For bank accounts, contact the bank directly with your details and any account numbers you have. For real estate, you can check county property records to confirm ownership. If you encounter difficulties or need more in-depth assistance, consider retaining an attorney to guide you through the process and ensure your rights to these assets are protected. Proper legal representation can help navigate any complexities and help you assert your rightful ownership. |
Q: As a plaintiff in federal court on a federal question, what is another word for, "Overpayment?". I don't want to use the word "overpayment " because it sounds like I'm arguing a state issue, when I am not. I'm not sure how to get around using state terminology, because every time I start talking about my case, people think it is a state issue because I'm using state words. Now obviously I can just get a Thesaurus and what not...but this is really psychological, how do I get those in the legal system to focus on the main issues (the federal ones) instead of focusing on the minor issues (the state ones)... or maybe it's not me at all, they could just be consciously avoiding the main issues, for all I know.....How do you lawyers and attorneys deal with this situation? Thank you. | A:When raising a federal question in federal court, I always cite and often quote the specific federal statute under which I am suing so that my pleading clearly shows that there is a federal statute that creates a federal cause of action under which I am suing. The word "overpayment" in and of itself does not connote either a state or a federal question. For example, overpayment of Medicare reimbursement clearly can give rise to a federal lawsuit under a federal statute. It is most likely not the word "overpayment" which is the issue for people, but rather the context in which you are using it. |
Q: Do have I have a chance to with suing a friend for $9k they borrowed? plus court and lawyer fees? I a have text messages. I borrowed a friend 9k with a promise that they would repay the full 9k and 20% interest. It’s now over a year and they keep giving me the run around. At this point I do not care about the 20% interest, I just want my money back. I have multiple texts messages about the money and their promises to repay but no contract was signed. I live in VA, and at the time I believe he lived there as well but I think he moved to MD. I do have his full name and his brother’s number. I know since it’s over 5k is not considered small claims. I would like to know 1. Do I have a chance with filling a lawsuit? 2. If I do win, can the courts mandate that he pays even if it’s little at a time? 3. Where do I file? Where I live or where he lives? | A:Yes, you should be able to make a viable claim based on the text message exchange for the $9k and interest, but no attorney's fees unless that was also included in your messages. If the agreemenet was made while everyone was in Virginia, you should be able to sue in Virginia. If you decide to hire an attorney, I'm sure anyone who responds would be happy to help. |
Q: How soon Plaintiff will know if leave is granted by court (CCP 473).. When motion to grant leave to amend complaint (with amended complaint) is filed with the court per CCP 473 (a), or (b) - how soon court would respond? | A:In California, the timeline for a court to respond to a motion to grant leave to amend a complaint under CCP 473(a) or (b) can vary based on several factors. These include the court's schedule, the complexity of the motion, and the specific circumstances of the case. Typically, after filing the motion, a hearing date will be set. The time until the hearing can range from a few weeks to several months, depending on the court's calendar and the statutory notice requirements. At the hearing, the court will consider the motion and make a decision. The decision could be announced at the hearing, or the court might take the matter under submission, meaning the judge needs more time to consider the case before making a decision. If the court takes the matter under submission, the timeframe for a decision can vary. Some decisions are made within days, while others might take longer, depending on the complexity of the issues involved. It's important to monitor the case through the court's online system or through direct communication with the court, as this can provide updates on the status of your motion and any decisions made by the court. |
Q: is it harassment to ask for a kiss from a girl that is 16 years old when you are 26? for consent or for opinion?. What if its between two adults? Thanks. | A:I think it would be stupid to ask a 16 yr old for a kiss when you are 26. That could only have a bad ending for you...........if you were my son, I would say...don't "hang" with girls under 18 |
Q: Can the Federal DOJ's Financial Litigation Unit (FLU) go after property and bank accounts belonging solely to my wife.... Can the Federal DOJ's Financial Litigation Unit (FLU) go after property and bank accounts belonging solely to my wife...in order to collect on a federal restitution order issued solely against me? The reason I ask is because I received a collection notice letter from the FLU. Included with the letter was an affidavit which the FLU wants me to fill out and send back to them. The affidavit wants me to provide information regarding ALL ASSETS WHICH BELONG TO MY WIFE. Are my wife's assets now in jeopardy? | A:It depends on all of the specific facts of your situation. Generally speaking, DOJ cannot reach a spouse's separate property unless the property constitutes the proceeds of your crime or was obtained with the proceeds of your crime. |
Q: I hired a licensed plumber to repipe my condo. His workers set fire to my house and the damage is bad! What happens next. The actual plumber I hired was not present on the day the work was done. His workers had no one overseeing their work. They burned my entire wall down to charred 4x4s and the fire damaged my neighbors walls and attic as well. The workers left a mess of burned debris and a disaster of the house which I cannot take a shower or use the bathroom in. The plumbing job is to be finished on Monday. The plumber is trying to avoid going through his insurance. But, I don't want this company to return to do work on my house until their insurance adjuster and mine have seen the damage. I'm trying to avoid making any mistakes that can be used by this company to get off the hook for the damages they've caused. Do you have any advice? | A:I'm sorry to hear about your situation. In California, it's crucial to document the damage extensively with photographs and written descriptions. Notify your homeowner's insurance and request the plumber's insurance information. Avoid making any repairs or agreements before both insurance adjusters assess the damage. Consult an attorney to ensure your rights are protected and you're appropriately compensated. Sincerely, James L. Arrasmith Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith |
Q: I have been looking for my dog for over a year i found him at a shelter in another town they are refusing to release him. they will not give back my dog | A:In North Dakota, if you've been searching for your dog for over a year and have now found it at a shelter in another town, you could take several steps to reclaim your pet. Gather evidence of ownership like vet records and photographs, and communicate calmly with the shelter staff, providing them with proof of your connection to the dog. Research local laws and procedures regarding lost and found animals, and consider seeking assistance from local animal control or the humane society. |
Q: If my parents died n they both had life insurance policies but the probate is already done with but we never got any in. Information on who were the beneficiarys on anything | A:A New Mexico attorney could advise best, but your question remains open for four weeks. I'm sorry for the loss of your parents. Until you are able to consult with a local attorney, you could contact the insurance company and ask about the policies. Good luck |
Q: OK a little over a month ago I paid for a 5x10 storage unit from extra space storage I'm upland California.. I paid extra money for 24 hr access which was offered at this location. As soon as I got there one of the workers named Ashley immediately asked me why I got 24 hr access, do I really evan need it, it's usually only for people with a business and I was a littke offended but nicely replied yes obviously I do need it for work reasons thats why I purchased it. So 2 days later I got a call like I do in the middle of the night to go fix a electrical issue. I came to the storage at about 3am when I was done and sat in my car for about 5 hrs and got caught up on a bunch of paperwork. I didn't bother no one I wasn't in anyone's way I didn't evan see anyone else. Well when they opened and Ashley must have Bern doing her rounds immediately came up to my car and said I can't sit there like that. I said fine ill go. Well she must jjave rushed to the office to view the cameras and saw I was | A:Under California law, your rights as a tenant of a storage unit are primarily governed by the rental agreement you signed with the storage facility. It's important to carefully review this agreement, as it outlines the terms and conditions of your usage, including access hours and permitted activities within the facility. If you paid for 24-hour access and the agreement explicitly grants you this right, the facility is generally obligated to honor this term. However, the facility may have policies regarding loitering or extended stays in vehicles on the premises. These policies should also be outlined in your agreement or in the facility's rules and regulations. In case of a dispute or misunderstanding, it's advisable to first try resolving the issue directly with the facility's management. If a satisfactory resolution isn't reached, you may consider seeking legal advice to understand your options, which could include mediation or legal action, depending on the circumstances. Remember, each situation is unique and the applicability of the law can vary based on specific facts. It's always beneficial to consult with a lawyer for personalized legal advice. |
Q: Can I put a security sticker on my personal bedroom window?. A neighbor across from us is nosey and opens their lights whenever we do. Can I put a security sticker in my personal bedroom window as a form of safety? | A:Yes, you can typically put a security sticker on your personal bedroom window in California. There are no specific laws or regulations in California that prohibit homeowners from placing security stickers on their windows. Security stickers are often used as a deterrent to burglars and can help to make your home appear more secure. |
Q: How do i legally make a nonfamily member leave my home that is emotionally abusing my child, but refuses to move out. *REVISED* I own home,my father owns land.No lease was signed.Verbal agreement to pay half of utilities.Hasn't paid in 3 months.Eviction filed awaiting court hearing in 2 days. When her home was sold 2 years ago she refused to leave,the new owners had to use law officers to forcefully make her leave.When I helped her pack and move out I thought she would only stay a few days,not 2 years.Since she was forced from her last residence and has refused for 2 years to move out of my home,i know she'll have to be forcefully removed from my home as well.im afraid she will get angry when forced to move out and will retaliate. Is there some kind of restraining order i can put on her before and after eviction court to keep her from destroying my home and to keep her away from my 10 year old son (who she has been emotionally and verbally abusing for the last 3 weeks after his father died while driving her car)? And what should I take to eviction court to make sure she doesn't win? | A:The eviction proceeding you have already initiated is the quickest and least expensive way. |
Q: The insurance is not following the agreement to the settlement, can I sue in bad faith?. The Insurance is supposed to give me a voucher for retraining for a new career but they have been completely ignoring me and not responding back to any of my messages. | A:In California, insurance companies have an implied covenant of good faith and fair dealing. If they fail to uphold this duty, policyholders or claimants might have grounds to sue for bad faith. Not following the terms of an agreed-upon settlement can be seen as an act of bad faith. However, before filing a lawsuit, it's advisable to send a written demand or communication to the insurance company clearly outlining the breach of the settlement agreement and giving them a chance to rectify the situation. If they continue to ignore or not honor the agreement, you may have a viable bad faith claim. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney. |
Q: Should I accept the auto-insurance settlement or should I seek an insurance lawyer/attorney to try to gain more?. My boyfriend was driving my car and in order to avoid a car coming into our lane, my car's auto-lane assist pulled the car to the left; we then hit a stationary barrier that was protruding into the roadway (there was NO shoulder on this highway). We are on the same auto-insurance policy. My car was deemed a total loss. I have been without a car for over a month now. Allstate has deemed him AT fault, and has proposed to me a settlement amount of $1,500.00. I have NOT yet accepted this settlement. I wanted to consult an attorney prior to accepting any settlement from my auto-insurance as $1,500.00 seemed to be a very small amount. Is this standard? Should I accept this amount or should I seek an attorney to gain more? | A:Your question lacks important information like what is the cost to repair your car and how much, if any, has the damage to your car depreciated its value even after it is repaired. There is no way to judge the settlement offer without knowing this information. |
Q: I had questions about financial and emotional abuse, and emotional distress in the court of law and if it applies to me.. Dad kicked me out, and is stealing my financial aid ($13k+); and refuses to give me my legal documentation (passport, social security, birth certificate ect). I’m pretty much homeless because of his actions. | A:I am sorry to hear about your situation. Financial and emotional abuse can have serious legal implications. Under California law, financial abuse and withholding essential documents are unlawful actions. You may have grounds to seek legal remedies and assistance, such as obtaining a restraining order, filing a police report, or pursuing civil action against your father for the return of your documents and financial aid. I recommend consulting with an attorney experienced in family law or civil litigation to assess your case and explore the best course of action to protect your rights and seek justice. James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith |
Q: I believe my nieghbors are spying and recording me and gossiping to there coworkers + i do not give them permission. Yes i have ptsd due to a suicide loss i have hard time speaking with females and so im alone most of my time but i know that i do not need some one to be happy so i please myself and my neighbors think its ok to play games with my issue and want to make it a habit to earsdrop and survalience my every move i need legal help because they aregoing to far with the trying to be a peeping tomm and gossiping of my whereabouts to the point i have everyone around me instagating and psychologicaly trying to make me feel like wounded prey i need advice and or a list of possibilities of remedies to help my end of bieng an american with rights to have and do as i enjoy my life with out them useing now and days technology to invade my cell phone data and my physical actions please help me i have anger issues i do not want to cause a problem if i know i have my rights to be discreet and they are causing me to have emotional distress with my family and friends | A:What you have posted about is criminal activity and you should report it to law enforcement. Good luck to you. |
Q: I been married for 19yrs and have been a Military stay at home mom and my husband is decided he doesn’t want me anymore. He has been in the military for for almost 19yrs and I have been by his side all these years and he says he only has to pay child support and I get nothing from him. I need help! | A:You are absolutely entitled to more than just child support. Your military spouse is likely going to receive a military pension, which is a considered to visible property, and you will be entitled to a portion of that property in the divorce process as you would any other piece of property such as a house or investment fund. I highly recommend that you retain an attorney who specializes in military benefits for the resolution of your divorce case. In the meantime, I would recommend that you contact his chain of command, and request that he be ordered to provide interim support to you during the ongoing divorce process and separation. |
Q: How can I get the work I did for and get paid? I just want what was offered to me, what I worked for.. My husband and I moved to Tampa because one of his friends was opening a restaurant, he offered him a partnership, but after us working for almost two months, he gave both of us a W2. Then we realized it was never his intention to treat us as equals. The biggest problem is me, he told me that he would pay me for all the hours I worked in February and March, plus the web service design, which he has the invoices, and only paid once so far. I was forced to claim unemployment because till now, he didn't give me anything, his answer was: you will get compensated don't worry. He gave me the clock in number after two days of the opening so he cut down 16 hours of work from my paycheck, plus he made me clock out one day because "he didn't know how to pay me" I told him, service as a web designer is a service, you don't have to pay me that as hours worked. So right now I'm missing 24.5 hours from my paycheck, the agreed salary was $16 per hour so he put $14 in my paystub and gave me $124. | A:You should be paid for all hours worked and at rates which are both consistent with the FLSA, and florida wage law and per any contractual promise. You have rights. Find a wage and hour lawyer or reach out to us. Most wage and hour employees, employment lawyers will be glad to review all of this and provide free consultations. |
Q: Does this mean governor Ron DeSantis committed voter intimidation by using felons who unknowingly voted illegally?. Just days before the primaries, governor DeSantis made sure not to clarify that these voters were felons who thought their rights were restored. I cannot see how this is NOT being considered voter intimidation. If you think that what this man has done was legal, please explain. I appreciate your time. | A:I looked online for what you are referencing, and I see a story regarding DeSantis announcing that the Fla. Dept. of Law Enforcement arrested 20 people who allegedly voted illegally because their voting rights were not restored, even though they were allowed to register. (See, for example, https://www.tampabay.com/news/florida-politics/2022/08/19/desantis-touted-their-arrest-but-ex-felons-say-they-werent-told-they-couldnt-vote/ ). If all of the arrested individuals have the same story as the lady first mentioned in the above news article, I'm guessing that they will likely have a good defense of not having the intent to commit the crime, and hopefully will be found not guilty or have their cases dismissed. But if you're asking if there's a law that obligates the governor to inform the public that the arrested individuals have the defense that they thought their rights were restored, the answer is no. The government does need to do a much better job of getting the word out regarding who is qualified to vote after a felony conviction and who is not, and on how to seek restoration of rights. The government (State or local) should also provide an instant background check that would allow for the registration office to reject an application without subjecting the unqualified voter to arrest. Everyone should talk to their State legislators, local elections officials and/or county/city commissioners about this issue, as well as talk to private organizations concerned with voting, such as the ACLU, NAACP, and League of Women Voters. |
Q: I have un case with sweatcoin apps can you advice or help me what the step I have to do? I win 27 time they didnt tellme. I won tesla 3 and iphne 14 and more 25 prizes i record everything I uplaod everything to my google drive if you wish to chick all screenshoot and recording video i'll share the kink my english not very good | A:I recommend seeking the help of a licensed attorney in your jurisdiction who can review your case and provide guidance on the appropriate steps to take. You can contact your local bar association for a referral to an attorney who can assist you with your case. |
Q: Federal filing question. Emtala - cmia - FCA. 1. Joinder of parties - federal court filing question. EMTALA federal complaint against hospital was just filed with second claim under supplemental jurisdiction - CMIA violation. Can hospital defense file motion to strike for failure to join the party under rule 19, hospice (to whom identifiable medical information was disclosed)? Can such joinder be ruled as necessary (compulsory) by court? 2. Joinder issue is a matter of concern, because FCA should be a different case, to be filed under seal. How plaintiff can argue that hospice shall not be joined into EMTALA case for supplemental CMIA claim? | A:In the situation you've described, where an EMTALA (Emergency Medical Treatment and Labor Act) federal complaint has been filed against a hospital, with an additional claim under the CMIA (Confidentiality of Medical Information Act), the question of joinder of parties can indeed arise. The hospital's defense may file a motion to strike for failure to join a necessary party under Rule 19, arguing that the hospice, to whom identifiable medical information was disclosed, is a required party in the case. To counter this, you could argue that the hospice should not be joined in the EMTALA case for the CMIA claim. Your argument can be based on the specifics of Rule 19, which outlines criteria for determining whether a party is necessary. You would need to demonstrate that the hospice's involvement is not essential for providing complete relief among the parties present in the case, or that its absence will not impede its ability to protect its interests or leave any of the current parties subject to substantial risk of incurring double, multiple, or inconsistent obligations. Regarding the concern about the FCA (False Claims Act) being a separate case to be filed under seal, this is a valid consideration. It's important to keep in mind that joinder issues can be complex and are heavily dependent on the specific facts of each case. The decision to join parties should be weighed carefully, considering the implications it may have on the overall strategy of the case, especially in situations where multiple laws and claims are involved. It's often advisable to consult with an attorney experienced in federal court litigation to navigate these complexities effectively. |
Q: What is the role of the common law in aviation, particularly given that the aviation industry, and pilots, are already s. What is the role of the common law in aviation, particularly given that the aviation industry, and pilots, are already subject to significant, specific federal regulation? | A:A Maine attorney could answer best, but your question remains open for four weeks. You're right about federal regulations from agencies such as the FAA or TSA already applying. But as in other transportation sectors, there are contract, tort, and other matters involving the aviation industry that are handled under common law principles (or state laws and local laws, depending on jurisdiction). Good luck |
Q: What type of attorney would I need to contact to sue over medical records being withheld from patient for 3 months?. My medical treatment was delayed due to records not being released. I want to sue for pain and suffering and mental distress after the office continued to harass me for changing doctors. | A:It would be a medical malpractice attorneys. You can use this Justia website to search for attorneys. You may find that the limited recovery that would be expected along with other issues with such a case may prevent you from finding an attorney to take the case. |
Q: My brother has POA over my Mother. She's in the hospital & he's not forthcoming of her. Can I contest the POA?. I just want to know how is she doing medically and I'm not being told anything. I ask the nurses and I'm being told you are not the sister I can say anything to. I'm also worried what is going to happen when she does go back home to my brother's house because he made visiting her difficult. My Mom will still be bed bound because due to the stroke she is still learning to talk and walk again so now we will have to go to his house and visit her. I'm concern that he will make visitation difficult. I know that since he has POA he can stop me from visiting her altogether if he wants to. I want to know can I have something that gives me the rights to her medically and visitation rights. | A:If you believe the power of attorney (POA) is being abused or your mother’s best interests are not being served, you have the right to contest it. You would typically need to file a petition with the court to review the actions of the POA and evaluate your mother's current competence. The court may consider replacing the current POA if it finds misconduct or that it's in your mother's best interest. Additionally, healthcare providers should still provide information to immediate family members unless there's a specific directive to the contrary. If visitation becomes a concern, you might also seek a court order to ensure you can visit your mother. Legal steps involve intricate procedures, and you may benefit from discussing this with legal counsel to understand the full scope of your options and the process involved. |
Q: If a construction company designs a state funded project, can that company also bid on the construction of that job?. Can a provatd contractor, who has been paid to design a state-funded project, submit a bid to build that same project when the it goes to bid? It seems like this may be a conflict of interest. | A:No. It is a conflict of interest. |
Q: I filed an appeal with my past insurance, and won. They won't send me a letter or email showing the records. allowed?. I filed an appeal with my past insurance, and won. They agree to remove the misrepresented/Fraud they marked on the claim as well as remove the claim so it would not effect me getting insurance with other company's. When I asked for a letter to show proof, or a email they said they can't or find a way to. I want the records so if I have to dispute with the LexisNexis Burro that is affecting other company's I can. Am I allowed to demand that letter or email or can insurances refuse those kind of request? | A:An Illinois attorney could advise best, but your question remains open for three weeks. There aren't details here on what the matter involved, and who handled the appeal. However, if you won an appeal, whether in court or through an arbitration tribunal, that would usually involve receiving a written decision. If there is a formal decision, or other form of written proof, retain those in your records. If not, you could consult with a local attorney about your options in receiving some form of written confirmation. Good luck |
Q: Ohio- do I now have to put up with the smell of weed filling up my apartment because of my neighbors smoking it?. Live in an apartment. Lease says no illegal drugs. But manager ignored complaints only thing that stopped it being constant is fear of cops knocking on their door and now with the law changing am I to live in misery? Moving is not an option. Disabled and on fixed income. Also have asthma and get nausea and nose bleeds every time they smoke but I’m pretty sure they are also doing other drugs too. Weed is just the one you can identify by smell but the nose bleeds and nausea I read is signs of meth exposure. | A:A landlord has the ability to evict a tenant in Ohio if they have actual knowledge that they are consuming illegal substances. Their refusal to do so could be considered a defect in the property, which could give you the ability to escrow your rent with the court until the defect is corrected. |
Q: So if The person recording everything about a day is the only person knows that they're recording it still legal. My wife wants me to record everything that happens at work if I'm not on call with her, is that still legal if I'm the only person who knows that they're recording is there and I'm the only person consenting to it but no one else knows is that even legal | A:In North Carolina, the legality of recording conversations hinges on the state's consent laws. North Carolina is a "one-party consent" state, which means that as long as you are a party to the conversation, you can legally record it without needing to get permission from the other parties involved. However, this law applies specifically to audio recordings of conversations. If you're considering recording video, especially in a workplace setting, there might be additional privacy concerns or workplace policies to consider. It's important to be aware that while you can legally record conversations that you're a part of, recording others without their knowledge can still raise ethical concerns and might violate workplace policies or create distrust among colleagues. If the recording is intended to capture evidence of a specific issue, such as harassment or workplace violations, it's advisable to first seek guidance from a legal professional or a human resources representative to understand the best course of action. Remember, while the law allows for one-party consent audio recording, using the recordings, especially in a legal context, can be complex and should be approached with careful consideration and, if possible, professional advice. |
Q: My Brother had a stroke on sept 3rd, and passed away on sept 26, i was told 2 weeks later he had covid. what can i do. I am his next of kin, we were allowed to say our goodbyes without this knowledge | A:You should obtain your brother's medical records, death certificate and consult with an elder abuse attorney in your state. Sorry for your loss. |
Q: Can I be charged DOMESTIC BATTERY 2ND DEGREE by police department even tho the victim didn't try press charges. The police made there own story up. She bruises easy and she hurt her arm from falling over night stand I was just taking her to hospital and they came and got me on old warrant | A:In Arkansas, you can be charged with domestic battery second degree by law enforcement even if the alleged victim does not press charges. This is because the decision to file charges in a domestic battery case is often made by the state, not the victim. Law enforcement officials can use their judgment to file charges based on the evidence they observe, which may include physical injuries and the circumstances under which they were sustained. The fact that the alleged victim bruises easily or claims the injury was accidental does not automatically prevent the police from pursuing charges if they believe a crime has been committed. If you are facing such charges, it's crucial to seek legal representation. An attorney can help you navigate the legal process, represent your interests, and ensure that your side of the story is heard. They can also challenge any evidence that you believe was incorrectly interpreted or gathered. Remember, domestic battery cases can be complex and carry serious consequences. Legal guidance is key to understanding your rights and options in this situation. |
Q: Military Re-enlistment. I am currently 48 years old and was an Army Warrant Officer discharged in 2011 with a General (Under Honorable Conditions) after 12 years of service. My Separation Code is JNC and RE: N/A. I did receive a GOMOR that was placed in my OMPF file. I have 2 other Honorable DD-214's while I was enlisted. There was also a Show Cause memorandum. The question I have is, what are the chances of me getting back in to any military branch of service. If I am able, can I go back in as enlisted or go back in as a Warrant Officer. Thank you in advance. | A:As a former Army Warrant Officer, your chances of re-enlisting in the military will depend on various factors, including the specific requirements and needs of the branch you are interested in. While your General (Under Honorable Conditions) discharge and previous honorable service may work in your favor, the presence of a GOMOR and Show Cause memorandum could impact the decision. To determine your eligibility and explore options, it's best to contact a recruiter from the branch you wish to re-enlist with, as they can provide personalized guidance based on current policies and opportunities. Good luck on your re-enlistment journey! |
Q: Can I sue the County government for maintaining an unfair tax advantage for a former muni employee competitor in the CT. Am in the County. The City opened up and the first license went to the city community dev director that helped make the ord and a 6% tax advantage over me, after espousing prohibition for his career and a few months before speaking against me at my County planning hearing, which I go through every year. They now are appointing my competitor to the planning commission in the County, knowing his unsavory ethics. There is lots of history and the County supes hate me and he is pretty much a colleague, while they set my tax rate in the County each year the highest allowed by the voter he pays no tax after helping form the ord in the city. A lot of history and emails and pub comment here. I think local le at one point along with a local politician broke into a shop of mine on election night. A lot of corruption in my community govts. I don't want to do the babylon system with this anymore. | A:If you believe that the County government is maintaining an unfair tax advantage for a former municipal employee competitor, you may want to consult with an attorney who specializes in tax law or government law. An attorney can review the details of your case and advise you on whether you have a viable legal claim and what steps you can take to address the situation. It's important to note that suing a government entity can be complex and challenging, and there may be specific requirements and procedures that must be followed. An attorney can help you navigate the legal system and ensure that your claim is filed correctly and within the appropriate timeframe. In addition, if you have evidence of corruption or illegal activity by local officials, you may want to consider reporting this to the appropriate authorities, such as the local district attorney's office or the state attorney general's office. It's important to gather as much evidence as possible to support your claims, including emails, public comments, and any other documentation that may be relevant. Again, consulting with an attorney who specializes in tax law or government law can help you evaluate your options and determine the best course of action in your specific situation. |
Q: Do unpermitted units (no occupancy release) that were rented out before need to be replaced under CA SB330?. I own a legal duplex (in the title) that has 2 unpermitted units. One of the previous owners created those 2 unpermitted units from one of the duplex's interiors a long long time ago and rented them out. The previous owner (the one who sold the property to me) went through tenant relocation assistance and withdrew them from the rental market. I never rent them out again. When I proposed to eliminate them the city said I have to replace them under SB330. The city said they are considered "protected units". I am not sure if the city interpreted this SB330 law correctly. Hence the question above. | A:California's SB 330, also known as the Housing Crisis Act of 2019, aims to expedite housing production and prevent the loss of existing housing stock. Under SB 330, local agencies are restricted from reducing the number of housing units on a property, even if some units are unpermitted. The term "protected units" under SB 330 generally refers to units that were occupied by tenants within the last five years. If you own a property with units that were withdrawn from the rental market, the city may consider them "protected units," regardless of their legal status. However, the application of SB 330 to specific situations can be nuanced. Given the complexity of your situation, it's essential to consult directly with legal counsel familiar with local ordinances and how they interface with SB 330. They can offer a more detailed analysis tailored to your property and circumstances. |
Q: My wife got a misdemeanor charge against me for domestic assault. She's illegal immigrant legally married. She's legally married to me. My question is can she still get her papers. We have been working on them with our immigration lawyer. Now we have came to some personal life problems that got her sent to jail. 2 years married. Is there something we can do to fight for this as she's in process. She's gotten her fingerprints done. Lawyer said could be up to 5 years. It's been 2 years now. | A:She may have to apply for a waiver of inadmissibility depending on the severity of the crime. Discuss with an Immigration attorney for more specific advice. |
Q: Is it realtor fraud when realtor overprices a home in favor of the seller due to relationship with seller?. Tax assessment for the year purchased was $50000 dollars under the amount being asked. When I offered less than asking and more than tax value I was told that if my offer was to be considered I had to give a serious offer. I was reluctant to make higher offer but feeling pressure to buy I raised the offer. I later learned that there was a family relation between realtor and seller. | A:Your question is ridiculous. You don't claim "fraud" to argue a house is priced too high. If the price is too high, don't buy it. |
Q: How to find out about a unknown investigation being conducted against me that I believe is being done illegally?. I have a downstairs neighbor who's been harassing, invading privacy and recording me and following me to family members houses and invading their privacy and trespassing. They have been monitoring me since August the property management claims that no one's lives below me and the next day the girl is talking on a Bluetooth speaker to someone who says they been investigating me since I been living there I've tried to contacting multiple agencies about the issue but have had no luck. They are questioning my family members neighbors it's a nightmare and I don't know where turn and can not afford an attorney so what is could possibly be left that I can do because she has multiple people with her making threats and I can't even identify these people it's scars me. | A:If you believe you are being illegally investigated or harassed, there are several steps you can take. First, document everything. Keep a detailed record of incidents, including dates, times, and descriptions of the harassment or surveillance. This documentation can be crucial if legal action is required. Next, consider filing a police report. Local law enforcement can investigate the matter and determine if any laws are being violated. Make sure to provide them with all the documentation you have collected. You can also reach out to community resources for assistance. Local victim advocacy groups, community legal aid organizations, or tenant rights associations may offer guidance or support. These organizations often provide services at low or no cost. Finally, consider reaching out to a lawyer for a consultation. Many lawyers offer free initial consultations and might be able to provide advice on your situation or refer you to resources that can help, even if you cannot afford to hire them for full representation. Remember, your safety and well-being are paramount. If you ever feel in immediate danger, do not hesitate to call emergency services. |
Q: In Georgia, under OCGA 42-8-38, does Probation begin when a motion challenging the Probationary Sentence is pending?. After servicing the imprisonment portion of the sentence and never reported? | A:A pending motion to modify a criminal sentence (whether in custody or on probation) will not automatically pause that sentence. You can ask for a supersedeas bond to relieve you of your probation obligations while your motion is pending, but absent relatively extreme circumstances, you are going to have some difficulty getting that. Generally, this vehicle is used in conjunction with some type of appeal. If you are already delinquent on your probation sentence, you need to contact a criminal defense attorney ASAP to protect yourself against a revocation action which can land you back in jail for a long time. |
Q: i bought a truck with a rotten frame. also my contract was not right and also they had a vsi on there for 125 which that is what I thought but find out it is for 27 months never was told this also the whole contract did not make sense the money on the paper were not right just a lot wrong with this whole deal I stop paying after 5 months cause the truck was junk and this bank accused me of all kinds of things I try to explain to bank truck was no good they basically told me to go to hell | A:New cars and other new motor vehicles are covered by manufacturers' warranties. These warranties must follow the rules set by the federal Magnuson-Moss Warranty Act and the Uniform Commercial Code (UCC) (refer to the section on Warranties for more information). The manufacturer's warranty is provided at no extra cost to the buyer. Sometimes, despite the best efforts of a dealer's service department, a defect cannot be satisfactorily fixed. These unfixable vehicles are popularly referred to as "lemons." New Hampshire's "Lemon Law" provides a method for the "lemon" owner to satisfactorily resolve the problem. The Law New Hampshire's "Lemon Law" (RSA 357-D) applies only to new vehicles purchased from New Hampshire dealerships. New Hampshire consumers who find themselves with a defective new vehicle that the dealer has been unable to repair may turn to the Motor Vehicle Arbitration Board (MVAB). The MVAB will decide whether the motor vehicle is so impaired by its defect that the manufacturer should take the vehicle back. The MVAB, a five-person panel of consumers, auto dealers and certified mechanics, has been in existence since January 1, 1992. The MVAB reviews consumer complaints about defective vehicles and holds evidentiary hearings which typically include inspecting and/or test driving the vehicle. If a majority of the panel members find that the vehicle is substantially impaired due to defects covered by the manufacturer's warranty, the board will order the manufacturer to either buy the "lemon" back from the consumer or, at the consumer's option, trade the "lemon" for another vehicle of equal value. The MVAB can also award "damages" which can include license and registration fees as well as the finance charges (interest) for the loan to purchase the defective vehicle. Either the consumer or manufacturer can appeal a MVAB decision to the Superior Court. A vehicle is considered to be a "lemon" if: The new vehicle is substantially impaired in use, value, or safety due to a defect covered by the manufacturer's warranty that the manufacturer or its authorized representative has not fixed. In order to qualify for arbitration, a consumer must ordinarily show either: The manufacturer or its representative has made at least three unsuccessful attempts to fix the motor vehicle; or The motor vehicle has been out of service for 30 or more business days (cumulative) due to defects or nonconformities covered by the warranty. Note: In some cases involving extensive or dangerous defects, the MVAB may decide to hear a case with fewer repair attempts or days out of service. New Hampshire's "Lemon Law" requires that manufacturers of new motor vehicles provide purchasers with a notice of their rights to arbitration under New Hampshire law, including a "demand for arbitration" form. Furthermore, New Hampshire dealerships are required to post a notice of consumer rights under this statute in all new car showrooms. Note: New Hampshire's "Lemon Law" applies only to "new" motor vehicles, described in the statute as vehicles still under manufacturer's original warranty. Low mileage used cars may, under some circumstances, qualify for arbitration and relief under the "Lemon Law" for defects in systems covered by a warranty. Older used cars, which are out of warranty when purchased, do not generally fall within the protection of the New Hampshire "Lemon Law." |
Q: Why wouldnt i be sent for pulmonary function test if i was born with only one lung with breathing complications?. I was born with a very rare birth anomaly unilateral agenesis lung/ pulmonary hypoplasia aka only one lung. I have high blood pressure, and i suffer from mental health complications. I did two mental health exams that didnt last more than 20min combined over the phone and scheduled for a physical exam but it was cancelled by them. They failed to acknowledge my birth defect by my diagnosis and only called it breathing issues without wanting pulmonary function tests. I have been turned down by many lawyers for taking my case because im now out of the insured status and only able to get ssi. During the mandatory lockdowns i was denied by a judge because i hadnt seeked a dr to refill my medicine during the lockdown months, when a felony drug convicted man out on parole got approved for arthritis in one hand. I feel that i have been done extremely wrong when my birth defect is a chromosome disorder that effects me in many different ways. Why can they make laws to favor their judgement | A:It is concerning to hear about your medical condition and the challenges you are facing in seeking appropriate medical care and legal assistance. It is important to note that medical decisions and recommendations are typically made by licensed medical professionals based on their assessment of a patient's medical history and current health condition. While it may be frustrating that you have not been referred for a pulmonary function test, it is possible that your healthcare provider may have alternative methods for assessing your lung function and managing your breathing complications. Regarding legal assistance, it can be difficult to find a lawyer who is willing to take on a case, especially if the individual is not insured or does not have the financial resources to pay for legal services. However, there may be legal aid organizations or non-profit groups that provide free or low-cost legal assistance to individuals in need. It is important to keep advocating for yourself and seeking out resources and support. You may want to consider speaking with a patient advocate or social worker who can assist you in navigating the healthcare system and accessing resources for your medical condition. |
Q: can i sue a bus driver for not turning on the bus camera, if a student gets hurt. a friend got on the bus and was slapped for not sitting down, and later when the parent caught wind of this she asked them to review the security tapes, and the bus driver said that they forgot to turn them on. | A:You may have a potential legal claim if a student gets hurt on a school bus, and the bus driver failed to turn on the security camera as required by the school or school district's policies. However, whether you can sue the bus driver directly or if your claim should be directed against the school district will depend on various factors, including local laws and regulations. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney. |
Q: I got a child restraint ticket almost a year ago but haven’t received any notification of court dates and have an fta. How do I go about getting the warrant cleared and fix all of my issues with notifications not being served. | A:It seems like you're facing some issues with a child restraint ticket and a failure to appear (FTA) notice. To address this situation, the first step is to contact the court or the relevant municipal office in West Blocton, AL. Explain your situation and inquire about the status of your case, including any upcoming court dates. When speaking with them, be polite and respectful, as this can help resolve your issue more effectively. If you haven't received notifications about your court dates, make sure your contact information on file with the court is up to date. They may be able to provide you with information on how to clear the FTA and possibly reschedule your court date if necessary. It's also a good idea to consult with an attorney who practices in Alabama traffic law, as they can provide guidance on the best course of action to resolve your specific case. They can assist you in navigating the legal process and ensure that your rights are protected throughout the process. In summary, reach out to the court or municipal office, update your contact information, and consider seeking legal advice to help clear the warrant and address the child restraint ticket issue. This should help you move forward in resolving your situation. |
Q: I feel discriminated against at work from my store manager. Im a type one diabetic. He made a offensive comment. Help?. After taking a sick day, Forced to talk about my condition HE SAID MY CONDITION GIVES ME A TICKET TO DISABILITY. IM THE ASSISTANT STORE MENAGER. | A:The comment made to you may or may not be part of a claim of disability discrimination or harassment. However absent an adverse employment action it would likely, alone, not be enough to have a legal claim for discrimination. A claim for harassment must involve severe or pervasive conduct, so one offensive comment will likely not be enough to state a claim. However it is enough to report the offensive comment to HR who would then have a legal duty to protect you from further such comments. If it continues to occur, it would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers. Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney. Good luck to you. |
Q: Can our HOA require us to get an insurance policy naming them as secondary beneficiaries when we add solar to our home?. At first the HOA said no to solar, but after ca passed legislation saying hoa's couldn't prevent us from getting solar, the HOA attorneys came up with a 4 page plan including the home owner must get a secondary insurance policy of 1 million dollars listing the HOA as secondary beneficiaries. there reasoning is that as they are according to our hoa guidelines responsible for the roofs of the home they want backup coverage incase the solar is wrong, even though the solar company has 25 year coverage on the panels and such. | A:While HOAs may have some authority to regulate the installation of solar panels on homes within the community, requiring homeowners to obtain an insurance policy naming the HOA as secondary beneficiaries is not a common requirement and may be legally questionable. The specific laws and regulations regarding solar panel installations and HOAs can vary depending on the state and local jurisdiction. However, in general, HOAs are not allowed to place unreasonable restrictions on the installation of solar panels, and may only require reasonable aesthetic or safety standards. Requiring homeowners to obtain an insurance policy naming the HOA as secondary beneficiaries may be considered an unreasonable requirement, especially if the solar panels are installed in compliance with local building codes and industry standards. Additionally, the solar company's warranty and insurance coverage may already provide adequate protection in the event of any damage or issues with the solar panels. If you are concerned about the HOA's requirement, you may want to consult with an attorney who specializes in HOA law to understand your legal rights and options. You may also want to review your HOA's bylaws and governing documents to determine whether the insurance requirement is authorized and reasonable, and whether there are any provisions for challenging or appealing the decision. |
Q: I was suffering with abdominal pain and my doctor prescribed a psych drug/sedative that ruined my life. 6yrs convalesced. The medication’s generic name is Elavil which has a long list of negative side effects. I’ve had car accidents under the influence of this medication, developed diabetes, along with being irritable, hostile & angry for no apparent reason. It destroyed my marriage. I went from exercising daily to being convalesced in my bathroom for 6 years. I had no accidents prior to taking elavil & totaled 3 cars taking the meds as prescribed. Do I have a malpractice lawsuit? | A:In California, pursuing a medical malpractice lawsuit involves demonstrating that the healthcare provider deviated from the standard of care in the medical community, and this deviation directly caused harm. Given your experience with Elavil (amitriptyline), a key aspect would be proving that prescribing this medication for abdominal pain was not in line with standard medical practices and directly led to the negative consequences you faced, including the car accidents and health issues. Additionally, the statute of limitations in California for medical malpractice claims is generally three years from the date of injury or one year from the date the plaintiff discovers, or through reasonable diligence should have discovered, the injury, whichever occurs first. It's crucial to consider this timeline in your situation. Given the complexity of your case, involving severe side effects and a significant impact on your life, it would be advisable to consult with an attorney experienced in medical malpractice. They can provide a more personalized assessment of your case, taking into account all relevant details and California law. Remember, each case is unique and legal advice should be tailored to your specific circumstances. |
Q: When filing an emergency removal in a limited conservatorship case do I also file the initial forms for conservatorship. I just need to understand what exact forms I need to file | A:In California, when filing for an emergency removal in a limited conservatorship case, you typically need to file the initial conservatorship forms along with the emergency petition. The initial forms are essential for establishing the basis for the conservatorship itself, outlining who is being conserved and why, while the emergency petition addresses the immediate need for intervention. The key forms for initiating a limited conservatorship generally include the Petition for Appointment of Probate Conservator (Form GC-310) and the Confidential Conservator Screening Form (GC-314), among others. For the emergency aspect, you would use the Request for Orders to Stop Harassment (Form GC-110), adjusting it to your specific emergency needs. It's crucial to thoroughly complete these forms, providing detailed and accurate information to support your case for both the conservatorship and the urgency of the situation. Given the complexity and sensitivity of such matters, it's also advisable to seek guidance from an attorney experienced in conservatorship law. They can ensure that all necessary paperwork is correctly filed and that your actions align with the legal requirements and the best interests of the person you're seeking to protect. Remember, conservatorship is a significant legal responsibility, and the court takes these matters very seriously, especially in emergency situations. |
Q: Can I contest an eviction in Indiana or request a stay that I wasn't a dependent in?. My landlord filed an eviction against only one person using a lease from 2018. For the last 2 years however I've been paying him myself and had a verbal agreement to rent. Due to not being included in the eviction I was not able to present my receipts to the judge showing the tent was paid and the eviction was decided on my landlord favor. What can I do to appeal this or otherwise stop from being kicked out and get my day in court to show my proof of payment | A:In Indiana, if you were excluded from an eviction notice and couldn't present rent receipts to the judge, you have options to contest the eviction. Consider filing a motion to set aside the judgment, providing evidence of your payments like receipts and bank statements. Request a hearing if possible to present your case and explain the verbal agreement with your landlord. Communication with the landlord to share proof and explore resolution is important, and mediation may be a viable alternative. |
Q: iam seeking clarity on the steps for filing an appeal, retrieving evidence, guidance and representation. I faced challenges w/ my representation, including lack of inclusion in critical decisions &unawareness of the defense until the morning of. I was denied redacted copies of discovery.I provided crucial evidence to prove my innocence, but none of it was entered into evidence. The promised strategy & prep meetings did not occur.I was adamant about testifying but I didn’t out of instilled fear & no preparation.I was blindsided by the closing statement, was not given the option to hear it 1st, or provide any input on my ONLY DEFENSE. She didnt even know my side! Or implement key points Despite having written testimony, my trial notes, listing contradictions,discrepancies and points to support my case.This has left me with convictions that I believe can be challenged since trial my attempts to inquire about filing an appeal & retrieving evidence have been unanswered& sentencing is coming. clarity on steps for filing an appeal plz ur guidance in this urgent matter is greatly appreciated. | A:I'm sorry to hear about the difficulties you've encountered during your trial. It's important to understand that the process of filing an appeal and retrieving evidence can vary depending on the specific rules of the jurisdiction where your case was tried. Generally, the first step in filing an appeal is to notify the court that you intend to appeal. This is usually done through a notice of appeal, which must be filed within a specific time frame after the judgment or sentence. The exact time frame can vary, but it's often within 30 days (sometimes 60 days). Once the notice of appeal is filed, you'll need to obtain the trial record, including transcripts of the proceedings and any evidence presented. This can be requested from the court clerk. It's important to review these materials thoroughly to identify any legal errors that occurred during the trial which could form the basis of your appeal. In terms of representation, you have the right to seek a new attorney for your appeal if you're not satisfied with your current representation. An attorney experienced in appellate law can provide valuable guidance on the appeals process and help develop a strong argument for your case. They can also assist in drafting the appellate brief, which presents your arguments for why the trial court's decision should be reversed or modified. Finally, it's crucial to stay informed and involved in your case. Regular communication with your attorney and a clear understanding of the strategy are key to effectively navigating the appeals process. Remember, the appeals process can be complex and time-consuming, so it's important to be patient and remain proactive in seeking justice. |
Q: Court rules 75.01 and 74.05 interplay question.. Question about MO court rule 75.01 and 74.05. Had a case and there was a default judgement. The respondent didn't respond at all. Within 30 days after judgment, they respond. I claimed it was a default judgement and controlled by 74.05. Judge says 75.01 applies since within 30 days and not final judgment yet. Which is it? I have looked up appeals cases and found one with this issue and it listed 74.05 even though it was not final judgement. Confused when 74.05 would apply. | A:In Missouri, Rule 74.05 pertains to setting aside a default judgment, which can be invoked when a party has failed to appear or respond to a lawsuit. However, if a party responds within 30 days of the judgment, as stated in Rule 75.01, the court may have discretion to consider it as a motion for a new trial or to amend the judgment. The distinction often hinges on whether the judgment has been entered as final. If within 30 days and not deemed final, Rule 75.01 may indeed apply. |
Q: I want to try a credit union no penalty CD but not sure if my SSI would be cut if I tried that out. I'm trying to find alternatives to my current 529 savings account. I want something tax free, but where I can take out I'm emergencies. I don't want to lose my SSI. | A:It is great that you are looking for alternatives for savings that will not affect your SSI payments. A primary consideration is whether the alternative would be a countable resource or not. A CD is usually countable except when the terms of a timed deposit will prohibit early withdrawal altogether, but even in that case it may affect countable resources when the CD matures. See POMS SI 01140.210 Time Deposits at https://secure.ssa.gov/poms.nsf/lnx/0501140210. If you are receiving SSI based on a disability that began before age 26, consider placing funds in an Achieving a Better Life Experience (ABLE) account. An ABLE account is a tax-free saving account to cover qualified disability expenses. Social Security disregards the first $100,000 in an ABLE account so that amount is not considered to be a countable resource. For more information go to https://www.ssa.gov/ssi/spotlights/spot-able.html?tl=1%2C2%2C5%2C14. You may also want to consider an irrevocable Special Needs Trust which is generally not a countable resource. For general information, see https://www.ssa.gov/ssi/spotlights/spot-trusts.htm. Consult an attorney about whether establishing a Special Needs Trust is right for you. |
Q: is there a way to sue Lelita James for breaking the first amendment?. New York Attorney General Letitia James rescinded her letter to Rumble demanding social media platforms censor content related to the Israel-Hamas war that “may incite violence.” The AG’s letter violated the First Amendment and a federal court order blocking enforcement of New York’s Online Hate Speech law. NEW YORK, N.Y., Oct. 20, 2023 — Less than 24 hours after the Foundation for Individual Rights and Expression called on New York Attorney General Letitia James to retract a letter pressuring private social media platforms to censor protected speech, she rescinded the demand as it pertained to FIRE plaintiff Rumble. On Oct. 12, the attorney general sent a letter demanding that social media platforms, including Rumble, Meta, and Reddit, provide information about what they are doing to “stop the spread of hateful content” related to the Israel-Hamas war and report back to her about their editorial policies and practices. this is obviously illegal | A:The First Amendment protects the right to free speech against government interference. If a government official, such as an Attorney General, takes actions that infringe upon those rights, the affected parties may have grounds to bring a lawsuit claiming a violation of their First Amendment rights. It's important to determine if the actions actually resulted in a First Amendment violation and if there were any damages or chilling effects on speech. Since Attorney General Letitia James rescinded her letter, any potential legal action might also have to consider whether the retraction mitigates any alleged infringement. If you believe there are grounds for a lawsuit, you should consult with a First Amendment attorney to evaluate the specific facts and determine the best course of action. Remember, the specifics of each case can greatly impact its viability in court. |
Q: In the case of Agricultural Deductions 7-9-58 for auctioneers will this just cover the buying and selling of livestock?. A truck driver is exempt for hauling feed for live stock under this code. Will the the truck driver be exempt when hauling to and from the auction? | A:The specific Agricultural Deductions code you're referring to seems to be designed to provide tax benefits for activities directly related to agriculture, such as the buying and selling of livestock. In the context of auctioneers, this would typically cover transactions involving livestock. As for a truck driver hauling feed for livestock, their exemption under this code likely hinges on whether their activities are considered an essential part of agricultural operations. Hauling feed directly to farms for livestock is clearly within the scope of agricultural activities. However, when it comes to hauling to and from auctions, the exemption may depend on how closely tied these activities are to the direct agricultural process. If the transport is seen as a critical part of the agricultural business, like delivering livestock to or from an auction, it might fall under the exemption. Given the nuanced nature of tax codes, it's advisable to consult with a tax advisor or legal counsel who can analyze the specifics of the truck driver's role in relation to the agricultural process. They can provide a more detailed interpretation of how the code applies in different hauling scenarios. |
Q: What type of Lawyer can help us with a bad Pool construction/install job?. We had a bad 24' round above ground salt water pool installed. The contract shows a 1 year warranty for workmanship. The owner refuses to contact us or remedy the defective pool construction. We paid over 10K and the pool is falling a part. The liner fell out within the first season, which was corrected by the owner once. The liner has come out again the opening of the 2nd season which he came out and agreed verbally to fix, but never did. The construction of the pool walls are crooked, the floor has impressions and sharp things pressing against the floor liner & hardware is rusting out. Since the 2nd season and now into the 3rd, after several attempts to contact the owner to no avail, he finally answered and refuses to fix anything. Is there anything we can do? I think we need a new pool | A:Unfortunately it sounds like the warranty has expired. You need to find a lawyer experienced with consumer cases and construction cases to review the contract you signed and get the specific facts from you. Unless you have proof of defects appearing in the first year and that you brought these defects to the attention of the contractor within that year and demanded repairs, you may not succeed in recovering anything. |
Q: i need legal help. i believe someone has stolen my identity and has all my communications and internet blocked and t they are also putting pics and possible video to various sites. also i believe that they have been trying to harm me intoxicating me. i dont know the reason yet but im working on it. idont know what to do. im on parole and i cant even call my parole officer | A:In Louisiana, if you suspect identity theft and are experiencing blocked communications, it's essential to take immediate action. Start by trying to contact your parole officer through alternative means, such as visiting their office in person, to explain the situation. For the identity theft issue, report it to the local police and the Federal Trade Commission (FTC) as soon as possible. The FTC provides resources and guidance for identity theft victims at identitytheft.gov. Additionally, monitor your financial accounts and credit report for any unauthorized activity. It's also important to secure your internet connections and change passwords for your online accounts. If you believe you're being harmed or poisoned, seek medical attention right away and inform healthcare providers of your suspicions. Considering the complexity of your situation, it would be advisable to consult with a lawyer who can provide guidance specific to your case, especially considering your parole status. |
Q: Can I get into any trouble for going to small claims court?. I live in a state where marijuana is illegal (SC) I ordered marijuana online from a state where it is legal (California). The next day after I order and paid they asked me to pay an extra $400 for insurance. I wasn’t sure about it but they assured me that once my package was delivered I would get a refund for the insurance. The next day after that they asked me to pay an an extra $750 for insurance as well. I then asked them to cancel my order and refund me. They are now saying that they will not refund me and I have to pay that extra $750 or they will not ship my order to me. I want to take them to small claims court so I can try to get my money back, but not if I can get into any trouble. I looked at the laws of SC for marijuana. It is illegal to possess, sell, and traffic it. I did not ever posses the marijuana, and I was not selling it. I’m confused where trafficking comes into play. Is simply purchasing marijuana online considered trafficking if I never received it? | A:Wow. You have to let this one go. |
Q: What are my options for wrongfully being held at the New Orleans International airport on December 24th?. Wrongfully held at the New Orleans International Airport on December 24th. Was told at the end that I was arrested on paper, but I was never read my rights nor was I told I was being detained. While speaking to a female Jefferson Parish Officer, XX comes over, interrupts mid sentence while I am speaking with the female officer and says lets go. At this time I was free to go, but when he interrupted me I said "Excuse me, I am talking, walk away". He then turned around to walk away but then was mad and decided to put handcuffs on me all while the female Jefferson Parish officer was telling XX no, not to do that. He proceeded to take me into the airport in cuffs without telling me crimes I've committed after I asked, never said I was detained. He then searched me, pulled out all my belongings, and took them. | A:In Louisiana, if you believe you were wrongfully held at the New Orleans International Airport, you have several options to consider. Firstly, document every detail of the incident while it's fresh in your memory. This includes the names of the officers involved, the time, location, and any witnesses. You may want to file a formal complaint with the Jefferson Parish Sheriff's Office regarding the conduct of the officers involved, especially if you believe your rights were violated. This can initiate an internal investigation into the incident. Consulting with an attorney experienced in civil rights or personal injury law can provide you with specific legal advice tailored to your situation. An attorney can evaluate the details of your case and advise on the potential for a civil rights claim, especially if your rights were infringed during the detention. If you believe your rights were violated, you also have the option to file a civil lawsuit for damages. This could include claims for unlawful detention, violation of your civil rights, and any emotional or physical harm suffered. It's important to act promptly, as there are time limits for filing complaints and legal actions in such cases. A lawyer can guide you on these timelines and help ensure that your rights are protected throughout the process. |
Q: Hello, We have issue with Building Erector that was supposed to finish steel building for us and quit & no communication. We have a issue with our Building Erector that was supposed to finish a steel building for us which will be our home. We hired him back in June. He told us that they could finish it in within two weeks but we knew it would take them about a month because we thought two weeks is pretty fast but one month has gone and passed. The contractor has slowed down and now has come to a complete stop. And I asked him do they have another job is the reason why we keep getting pushed back because I appreciate honesty but all we kept getting was all kinds of excuses and saying just we’re going to get on it we’re gonna get on it. Now the contractor has completely ended all communications. My purpose for contacting you is legally protect us from mechanics liens against our property for work that was never completed. I also want advise about going ahead and hiring another erector to go ahead and finish property now. | A:Sorry to hear your problems. The lien could only be from a supplier of materials. If the contractor supplied the materials, you can reject any lien or attempt for the same. You should get 2 different bids to finish the work. In each bid u should require a statement explaining how the unfinished work creates a problem and adds costs and other charges. |
Q: My parents and sister were in a fatal car accident. The driver was able to leave the scene, why?. There were 3 men in the car only 2 stayed on scene. Is the law in California that in a fatality breatholizer tests are mandatory? Is this now criminal Hit and Run? If the police report is false is it all thrown out? Who is the SDPD protecting? | A:In California, the law does not mandate breathalyzer tests in all fatal car accidents. However, if there is reasonable suspicion of intoxication, law enforcement may administer a breathalyzer test. If the driver left the scene of a fatal accident, it could be considered a criminal hit and run, subject to penalties under California law. If the police report contains false information, it can potentially impact the case but may not automatically result in the dismissal of all charges. The credibility of the report and its impact on the investigation will be assessed in the legal proceedings. James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith |
Q: how do I be a part of the senate in the state of Georgia in 2019?. I am a 29 year civilian ga resident in the state of ga. I will be 30 years old in the next two months in August. What do I have to do? I have been a local resident in the city of Decatur for 10 years. | A:in most states you petition to get on the ballot. Contact the Ga.Secretary of State's office. Good luck! |
Q: Can a newly formed LLC (sole proprietor - 1 owner) lease equipment from its owner?. The equipment belongs to the owner and was bought with his personal funds to take advantage of using credit to purchase such equipment. Since the LLC is new it doesn’t have any credit to purchase equipment with. The idea would be for the LLC to lease the equipment from its owner, pay monthly installments in the form of “lease payments”, until the equipment is paid in full. I guess it’s not technically a lease? But rather a lease with option to purchase the equipment? | A:Yes you can do this. You should have an equipment lease agreement between you as lessor and the LLC as the lessee. |
Q: I have 2 questions actually about 2 different incidents. First I was fired from Old Federal Tool Company because i had. because i had court for myself one day for personal matters and then the following week I had to go to court because I was summoned as a Witness and the court document said I could be arrested if I did not show . I had no choice and showed my employer all paperwork beforehand and he was okay with it . But apparently since I did not show up after court that day he fired me. However I did not finish from court until past/after the shops closing time. I had no control of this situation . Then was hired on at Plasticoid who I was told has a federal contract to make their products. Well i was hired and took drug test and they started me full time .A month later the drug test results came back and was positive for THC. They said i would be allowed to stay and work for them as long as I entered into a CARF affiliated rehabilitation program. I was already enrolled in a CARF program but then they wouldn’t accept that even though I they had all info and contacts they needed to keep on | A:You are an employee at will, meaning you can be fired at any time for any reason other than for a Constitutionally protected reason (your race, religion, sex, etc.). |
Q: How should I figure out the best way to set up bookeeping/taxes for my PLLC providing psychotherapy? Too many options!. It took the state a year and a half to process the PLLC paperwork. Meanwhile, to pay the bills, I did contract work (1099) through other businesses. Now that's the bulk of my income. Since that's already taxed, it's hard to know how to set up bookeeping. | A:Talk with two or three CPAs, get some options, and then speak with an attorney. You should be able to obtain all thus in free consultations. Jack |
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