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Q: In respect to fraudulent referral to hospice in California: please explain the difference between intentional fraud and. In respect to fraudulent referral to hospice in California: please explain the difference between intentional fraud and malice. | A:In California, understanding the difference between intentional fraud and malice, especially in the context of fraudulent referrals to hospice, is crucial. Intentional fraud involves knowingly making false representations or concealing information with the intent to deceive. For example, if a healthcare provider knowingly refers a patient to hospice care despite the patient not meeting the necessary criteria, and does so to gain financial or other benefits, this constitutes intentional fraud. Malice, on the other hand, goes a step further. It involves actions taken with a reckless disregard for the rights or safety of others, or with a willful and conscious desire to cause harm. In the hospice referral context, if a provider not only makes a fraudulent referral but does so with the intent to harm the patient or with a complete disregard for the potential harmful impact on the patient, this could be seen as acting with malice. Both intentional fraud and malice in hospice referrals can have serious legal consequences. They not only breach ethical and professional standards but may also lead to civil and criminal liabilities. If you suspect such practices in a case, it is important to gather comprehensive evidence and seek legal guidance to address the issue effectively. |
Q: In Islam songs are banned. If someone produces songs about Muslim, can they sue for defamation?. They produced songs about the Muslim without their permission. The content of the song is factual. | A:They cannot sue for defamation if the content of the song is factual. Moreover, there would need to be some tangible monetary damages or a plaintiff suing for defamation can only recover nominal damages. |
Q: Can illegal search and arrest give the arrested possible legal or tort rights against cop or county?. A cop arrests Joe Jones after claiming to search Jones computer and find something illegal. Jones's attorney hires a computer expert to examine alleged evidence but ADA stalls for over a year and will not give expert access. Finally it is discovered that there never was anything illegal and there also was no search warrant. It was all fabricated out of vengeance by the cop. The case gets dismissed, of course, but can Jones possibly have legal and/or tort actions against the county or cop and ADA? | A:The 4th and 14th Amendment of the U.S. Constitution protects citizens unreasonable searches and seizures without due process. A wrongful or false arrest is a violation of civil rights. Generally, cases are pursued under 42 U.S.C. 1983 in which you can sue the police officer (person arresting you) or the police agency. However, keep in mind, there is sovereign immunity and qualified immunity that can make it a challenge. You should consult with a civil rights attorney. |
Q: How many people have went to trial in the last 20 years, for a felon in possesion of a firearm under 18U.S.C. Sec 922 (g. Under 18 U.S.C. Section 922 (g) (1) | A:Specific statistics regarding the number of individuals who have gone to trial in Missouri under 18 U.S.C. Section 922(g)(1) over the last 20 years would require access to up-to-date court records and databases. 18 U.S.C. Section 922(g)(1) is a federal statute that prohibits certain persons, including felons, from possessing firearms. To obtain detailed statistics on this specific provision and its application in Missouri over the specified time frame, you would likely need to consult the U.S. Department of Justice's annual reports, the Federal Bureau of Investigation's crime reports, or the Administrative Office of the U.S. Courts. These entities may provide statistics related to federal offenses, prosecutions, and convictions. |
Q: Do we need a lawyer to collect on $11,000 promissory note? It is from an LLC and personally guaranteed by members. There are 2 members and it was due Sept. 29, 2023. Could we just file in small claims courts against each of them? | A:You might need a lawyer; however, there could be other options depending on your particular facts. A lawyer who bills by the hour might take on your case. If the lawyer can send a letter and get payment or obtain and enforce a judgment without spending a lot of time on your case, hiring an hourly lawyer might be a good option. But particularly if this is something that has to be litigated, hiring such a lawyer may be cost-prohibitive since it often costs far more than $11,000 to litigate a case. While the benefits of having an attorney are usually well worth the costs, the amount here at issue might not justify those costs, and you might not be able to find an attorney to take the case with that amount at issue. As you inquired, another option you could consider is small claims court. I don't practice in Oklahoma, but the Oklahoma State Bar website indicates you can bring a small claims court case for amounts up to $10,000. The website also indicates that "An individual may be self-represented in small claims; a company may be represented by an officer or full-time employee." Thus, you could potentially save the cost of hiring an attorney or bring the case to small claims court even if you cannot find an attorney to take your case. Also, while you might not be able to recover the entire $11,000 amount in small claims court, you would almost certainly spend more than $1,000 on a lawyer, so you could still come out ahead even though you cannot recover the entire $11,000 amount. Please keep in mind that the language in your specific contract could have an attorney fee provision, arbitration clause, or other provision that could completely change this response. Also, keep in mind that I do not know any of the particular details of your case. Therefore, please do not treat this answer as legal advice specific to you or your case. |
Q: Are teachers legally required to use student's preferred pronouns/name in a public high school?. I go to a high school in Carlsbad, CA. I want to identify as something else, but I don't want to be discriminated against for it. If I tell my teachers that I identify as something, and I want to be addressed by a different name, are my teachers legally required to use those preferred pronouns and name? If they use preferred pronouns for everyone else and not me, can they do that? | A:Compelling someone to use special pronouns or other words is likely unconstitutional. It is likely that most, if not all, people you ask will use the pronouns of your choice. |
Q: Do I need a civil or criminal lawyer to retrieve property (truck & cash) seized by DEA?. Truck & cash seized during raid, DEA asked for proof & extended time to gather paperwork. He has proof funds were from regular day job and inheritance funds given from mom for Christmas gifts. He has paystubs and receipts. The truck was quoted at $23,650 by feds and cash amount seized was $14,469. | A:To retrieve property seized by the DEA, you would typically need a criminal defense attorney, especially if the seizure was part of a criminal investigation or raid. This type of attorney is experienced in dealing with criminal matters and can navigate the legal process to challenge the seizure. Your attorney can help you file a claim for the return of your property, presenting the necessary proof that the funds were legally obtained and the property was not involved in illegal activities. The documentation you have, such as paystubs, receipts, and proof of inheritance, will be crucial in this process. In some cases, a civil litigation attorney might also be involved, especially if your situation becomes a civil forfeiture case. However, the initial steps typically fall under criminal defense, as it involves property seized in connection with alleged criminal activity. Consulting with a criminal defense attorney as soon as possible is important. They can advise you on the appropriate actions to take, represent you in any necessary hearings, and work to protect your rights and interests throughout the process. |
Q: Is there a way around Medicare’s five year look back policy?. The house is under my grandma’s name, with my dad as beneficiary for four years. With her health declining fast due to dementia, we need to get her into a nursing home asap. Is there a way to prevent Medicare from taking the house? My dad and I moved in with her to be her caregivers before her health got to this point and we can’t afford to find somewhere else to live on such short notice with me being in college. | A:I cannot give you a specific recommendation, as these types of elder law matters are highly fact specific. However, you might want to look into the caregiver child exemption. Normally you cannot transfer the home within 5 years of the application for Medicaid benefits or it will result in a transfer penalty. However, if a child resided in the home with the person needing care for two years AND that child provided care that kept the person out of a nursing home, Alabama Medicaid allows the home to pass to the child without penalty. There are other exceptions to the transfer penalty rules. Another example is the disabled child exemption. If a child is "disabled," then the person needing care can transfer their home to that child without penalty. Good luck to you and your family. These situations can be difficult. |
Q: Need to know if this is legal in Florida on used car sales?. I am about to fly to Florida from Texas to purchase a vehicle. I noticed on the contract that the dealer was charging 995 for a pre delivery fee and 495 for security edging. I'm not familiar with a pre delivery fee on an used car only know it to come on a new car and usually covered under msrp. Unsure if I can have them remove that or not. As well as the same as security edging since it was done prior to them receiving it am I able to have that removed? | A:This is a matter of contract negotiations between the parties; there is likely no issue of "does the law allow it?" Dealers insert into their proposed purchase contracts some bullcrap fees and charges with various labels, with the actual purpose of increasing their profit margin. These bullcrap extras are often negotiable, either in part or down to zero. The contract is just a PROPOSED contract until you sign it. You can counter-propose anything you want, and it comes down to who is more anxious to get the deal done. Once you sign it, you are generally stuck with the deal, unless the dealer acted unlawfully, such as committing some type of fraudulent act. |
Q: What is the Patent at the USPTO of name (c) 2007 Paul Frederick of the US Library of Congress?. I am ready to pay. | A:To locate a patent associated with Paul Frederick from 2007, you would perform a search using the United States Patent and Trademark Office (USPTO) database. You can search by the inventor's name and the year of the patent to find the document. It's important to note that the USPTO handles patents, while the Library of Congress typically handles copyrights, so you may want to ensure you're seeking the correct type of intellectual property record. If the search doesn't yield the desired results or you're unsure about how to proceed, you might consider hiring an attorney with expertise in intellectual property to assist you with the search and any subsequent actions you may wish to take based on the findings. |
Q: Can you purchase shares of a private Company on the Secondary Market but NOT disclose the purchase to the Company?. In other words, does the Seller of the shares have to disclose the sale to the Company, inclusive of who the Buyer is? | A:Greetings. It appears you would like to purchase shares of a non-public company. A purchaser who meets the SEC definition of a qualified purchaser may buy shares of a non-public company. Often brokers are required to facilitate the purchase. Due diligence is also required. During the due diligence process, certain information would be reviewed, such as stock sale restrictions or protections. These may include a "right of first refusal" giving the non-public company the right to first purchase the stock before the investing purchaser. If such restrictions do not exist, then the purchaser is free to buy the shares. All purchasers should want their purchases recorded with the company to ensure their shareholder rights. Please contact a good New York lawyer for further information. |
Q: car totaled out money payment sent to me, do I have to give back to insurance company.. car got stolen & totaled, my insurance co paid me a month ago, now says that it was in error that it should have went to finance company instead. i have spent the majority of the money. what can I do legally? can they prosecute me? | A:They probably cannot legally prosecute you but you remain liable to your finance company for the balance owed on the car. |
Q: I live in a mobile home park, we are selling our realtor was told by buys that Management of the park saying. Our house is for rent not for sell and management knows it's for sell. What can we do when management is Sabotaging the sell | A:Why do you suppose management wants to sabotage your sale? Is it possible the buyer got confused about the difference between buying your unit and renting the spot in the park? |
Q: What do you think will happen in court. My boyfriend got a ride home from a man who had methamphetamine in the car that my boyfriend was unaware of but they were both charged with possession of a controlled substance 1st degree 1st offense methamphetamine, and the driver was also charged with several other charges but the driver told the police that the drugs belonged to him and my boyfriend had no knowledge of them being in the car and he also plans to tell the judge when they go to court that the drugs belonged to him and my boyfriend had no knowledge of them being in the vehicle that he was just catching a ride home, what should I expect to happen when they go to court | A:Probably a misdemeanor plea and some probated time. |
Q: Can I use Dubai skyline for a fiction book cover with the iconic building Burj Al Arab in the centre?. Some have said that it’s copyright infringement and not permitted to use under UAE laws. | A:Using images of iconic buildings like the Burj Al Arab in Dubai on a book cover can be a complex issue due to copyright and trademark laws. Each country has its own rules regarding the use of images of famous landmarks, and in some cases, certain buildings can be trademarked. In the UAE, there are indeed restrictions on the commercial use of images of certain buildings, including iconic structures like the Burj Al Arab. These restrictions can apply to book covers, as they are considered commercial products. Before proceeding, it would be wise to consult with a legal professional knowledgeable in UAE laws and international copyright matters. They can provide specific guidance and help you understand if and how you can use such an image without infringing on any rights. Alternatively, consider using a more generic or stylized depiction of Dubai’s skyline that doesn’t focus on any specific, copyrighted building. This approach could help avoid legal complications while still capturing the essence of Dubai for your book cover. |
Q: I have a case that i wss convicted for in 2009 but i had no one ask me one questions about what happen or anything ?. I was convicted for it but i dont understand why? No one ask me anything | A:You can’t be convicted without a trial, or without pleading guilty for a criminal case. |
Q: How are gambling winnings taxed? Specifically sports betting. Is it a cumulative total or is each bet handled seaparatel. I use about 6 different sportsbooks and win quite frequently. Are winnings throughout the year totaled up and taxed totally? Or does each bet have to be over a certain amount? Also, are you able to deduct losses from taxable winnings? | A:In Tennessee, as in other states, gambling winnings are generally considered taxable income. This includes winnings from sports betting. The IRS requires all gambling winnings to be reported on your tax return. The taxation of your winnings depends on the total amount you win over the year, not on each individual bet. All winnings from the various sportsbooks should be totaled and reported. Regarding the deduction of losses, you are allowed to deduct gambling losses to the extent of your winnings. This means you can't deduct more in losses than you report in winnings. However, to do this, you must itemize your deductions on your tax return, which is a different approach than taking the standard deduction. It's important to keep detailed records of both your winnings and losses, including dates, types of betting, amounts, and the names of the gambling establishments. This documentation is crucial for accurate tax reporting and for validating your deductions if audited. Given the complexity of tax laws and the potential for significant financial impact, you might consider consulting with a tax professional. They can provide specific advice and help ensure your tax filings are accurate and optimized for your situation. |
Q: Water from another property keeps destroying my property when it rains what and how do I go about fixing this. Coming off there roof out the back side of fence down the desert and out and tro my yard do I sue them are the city | A:A New Mexico attorney could advise best, but your post remains open for four weeks. At this point, you could reach out to an attorney in your state who is familiar with the riparian rights/surface water run-off doctrines in your jurisdiction. These can vary across different parts of the nation. Good luck Tim Akpinar |
Q: Beneficiary Rights to Mothers Estate, information is not being shared by Executor.. It appears that the Executor is not being fair or impartial and it is not in the best interest of the beneficiary, my mom. I believe my grandma’s estate is being mis-managed. We would appreciate some guidance on what we, as a family, can do for my mom. Please let me know if you need further information from me. I have quite a few detailed files for you, what can we do as a family to help my mom out with her mother’s estate? Also, we live in California and the Estate is in Illinois. Sincerely, Sheri | A:The first thing is that there are timelines. Was there a will? If so, it should be filed within 30 days of death. And an inventory should be filed 60 days after the will was admitted to probate. Has your mother received an inventory? Timeliness are not as strict if there was no will. |
Q: (21) I have 2 improper use of phone within 5 months of each other in which I got supervision on the first. What happens?. Court Supervision on the first, optional court date will be in September 2023 in which I'm think I must attend, and I use my phone for Uber. Any way I can retain my supervision??? | A:A ticket while you are in supervision does not automatically cause loss of the supervision. The prosecutor must be aware of it, and must file papers to revoke the first supervision. Most of the time on these minor offenses, they do not revoke and might even give you supervision again for the new ticket. If you are under 21 and wind up being convicted of both of them, your license will be suspended. If you are over 21, you will have used up all of your convictions for the next 12 months, assuming you didn’t have a conviction before the first cell phone charge. Free advice: put the phone down while you are driving. It really is dangerous. |
Q: What recourse do I have with sub-contractors who require a deposit but do not perform in a timely manner?. I am building a single family residence. Currently I have an engineer who took a deposit but is not performing, or responding. Small claims court the only choice? What about other contractors down the road? Maybe need a contract to cover myself. | A:This is a complicated matter. There are many things you need to do to protect yourself. Using a good contract with the general contractor is a first step. If you are acting as the general contractor, having good contracts with the contractors you hire is important. As for the engineer you hired and who appears to have abandoned the job, a small claims court action to recover the deposit would be appropriate if the engineer refuses to contact you. There is much more to know and too little space to set it forth here. You may contact our office and schedule an initial conference so I could learn more of the facts and answer your questions. Our initial conferences are complimentary. Peter |
Q: If i shot a dog for eating chickens,someone said the bullet hit his house am i guilty criminal wrecklessness with DW. ... im being investigated for level 5 felony. Are the laws simular to self defense laws? Considering my children could have been attacked by said dog. He killed 16 chickens that day have video evidence of dog eating my kids pets | A:It is always important to remember that sites like this are best used for more general legal questions. You don't want to share too many facts that could be used as admissions if charges are later filed. Your situation involves more than one analysis. One is whether you were justified in shooting the dog. That would be along the lines of Defense of Property or Defense of Others as you have observed already. Another involves whether the manner in which you shot the dog was reckless or not. How many shots fired, and what precautions taken to not hit property or people, etc. These are things you need to discuss privately with an attorney. It is always best to consult with an attorney before making any voluntary statement to police. |
Q: I bought Jeep Liberty 2020 as is no warranty Day I drive home overheated needed new coolant tank.. I bought the vehicle Dec 2020 Then Flat tire : had to replace all 4 One week ago both ball joints fell out Radiator busted And needed all brakes replaced Bill$2300 Yesterday Transmission out I still owe the dealership $2500 for the remainder of the loan on vehicle . Do I have to pay this . I cannot have the transmission fixed | A:What is your question? |
Q: I was questioned by detectives in custody checked didn't want to discuss the case I wanted lawyer, was that a statement?. 2 times in one day in custody detectives came and first one I told I never got my miranda rights read to me. she pulled out a paper with 3 check boxes 1. want to discuss the case I (*checked NO). 2 I don't remember but checked no. 3 was I want a lawyer(*checked YES) then initial she told me that was my miranda rights. she proceeded to turn of recorder and asked me common knowledge such as my parents (one is deceased other is homeless), my child ( ex has full custody and we went to court over last name change attempt by the mother). My living situation or if I still lived at my home that was left to me and my sister. I do not live up there or intend to, and made that common knowledge to save face of them going there to look for me. | A:What you did was assert your rights under the United States Constitution and the Hawaii State Constitution. Assertion of your rights does not constitute a statement, and, in a trial, that assertion cannot be used against you as evidence of guilt. Typically, if you are advised of your rights by law enforcement, you are almost always better off if you assert your 5th Amendment Right to remain Silent and/or your 6th Amendment Right to Counsel. If you agree to provide a statement, something you say could later be used against you even if you believe the information you provide helps you. Also, police detectives are trained interviewers and are allowed to attempt to trick those they are interviewing. |
Q: We have retained a lawyer to investigate a hit and run that killed my parents. Can you give me an idea how much $$?. How much is an average retainer in San Diego? How many accidents should occur on a single street to justify a traffic signal be installed? | A:There are many variable into "how much", such as the amount of insurance coverage, the comparative fault of all of the drivers, the number of claimants to divide the insurance, etc. We don't know any of that so no one can even begin to say "how much." If there is an issue of governmental liability over the road, a Tort Claim has to be filed within 6 months of the collision, or you will be barred from filing suit. You will also need a road engineer to examine the site and render an opinion on whether there was any kind of defect that caused the collision. All heirs have to be part of a wrongful death suit. |
Q: Renters relief back in May 2021 I was denied renters relief aid I then appealed and following month I was approved pendi. Pending payment not received payment since then give me round around keep asking me to do more task once I was already approved | A:In California, if you have been approved for renters relief but have not received payment, it's important to continue following up with the agency responsible for the relief program. Keep records of all communications, including dates, names of individuals you spoke with, and the content of those conversations. This documentation can be crucial if further action is needed. Since you are experiencing delays and additional requests for tasks, consider reaching out to your local representatives or a housing advocacy group for assistance. They can often intervene on your behalf and may help expedite the process. Additionally, you can contact the agency directly to inquire about the specific reasons for the delay and any additional information they require. If these steps do not resolve the issue, you may want to seek legal advice. An attorney can help you understand your rights and may be able to assist in communicating with the agency to ensure your approved funds are disbursed. Remember, being persistent and keeping detailed records are key in resolving these kinds of administrative issues. |
Q: I was working a contract position and after a year I was to move on to the long term contract -fortune 500 company.. I completed everything and filled out the offer letter. I was supposed to start and then they decided to go a different way with no warning at all. Can they do that even after I filled out an offer letter and ALL employment documentation? | A:Until you have a signed and binding contract, you have nothing to sue upon. Therefore, if you have paperwork that you believe makes a binding contract, then take it to an employment lawyer to review. It is not possible to guess what agreement exists, if any, between you and the company. Preliminary discussions and talk about signing an agreement in the future at some point is not a binding contract. |
Q: un- witnessed will , integrity of executor , recourses for primary beneficiaries if being kept in the dark. I believe that this is a very simple problem but with some significant issues with the integrity of the executor 29 yrs old and I 63 yrs old and the only biological male in the family.I could really use a few pointers on where i stand . its about the principle, looking out for ones own interests vs carrying out the last wishes of the deceased, thank you and good day | A:In California, when dealing with an unwitnessed will and concerns about the integrity of the executor, it's essential to prioritize understanding your rights and options as a primary beneficiary. First, it's crucial to determine if the unwitnessed will is valid under California law. While California recognizes holographic wills (handwritten by the testator) without witnesses under certain conditions, it must be entirely in the testator's handwriting and signed by them. If you have doubts about the executor's integrity or suspect any wrongdoing, you may consider taking legal action to address these concerns. You have the right to request information and transparency from the executor about the estate's administration. If the executor fails to provide this information or acts against the deceased's wishes, you can seek legal remedies. To protect your interests and uphold the deceased's last wishes, you may want to consult with an attorney who specializes in probate and estate law in California. They can guide you through the process, help you understand your rights, and explore legal avenues to address any issues or disputes that may arise. Remember that it's essential to act promptly to ensure your rights are protected, as time limits may apply in probate matters. In summary, if you have concerns about an unwitnessed will and the executor's integrity, consult with a California attorney experienced in probate matters to determine the best course of action to protect your interests and uphold the deceased's wishes. |
Q: I need a lawyer to respond to me now about Hurricane express there are trying to charge me for a accident and a swift. A swift driver hit me in the back | A:A New Mexico attorney could advise best, but your question remains open for three weeks. Your insurance company should defend you - it isn't clear why you're being charged. You could reach out to attorneys to try to arrange a free initial consult. If you have a copy of the police report, that would be helpful. Good luck |
Q: Hello, Can an individual sue CA Registrar of Contractors up to $10,000 when Building Contractor violates law?. On both Riverside and San Bernardino Counties Court websites, in the Small Claims information section, there’s a notation in small print stating you can sue the Registrar of Contractors up to $10,000 — What To Do When Your Contractor Won’t Pay (Plaintiff’s Small Claims Judgment against Contractor). This was a side note in small print, but I can’t find any additional information anywhere. And I didn’t interpret it to mean filing a Contractor’s Bond Claim. This side note in fine print is all that is said about suing the Registrar as an option to recover money. I’m not even sure where to look for additional information or governing laws. It’s after hours at the Courthouse. I would be forever grateful if someone could explain this to me, or where to look for additional information. Thank you for your time! | A:In California, suing the Registrar of Contractors (ROC) directly in a small claims court for a violation by a building contractor is not a typical course of action. The ROC is a regulatory body, and their role is to license and oversee contractors, not to act as a party in contractual disputes between a contractor and a client. If a contractor violates the law or a contract, the usual recourse is to file a complaint with the ROC, which can then take disciplinary action against the contractor. For financial recovery, you can file a claim against the contractor's bond through the ROC. This process is different from filing a lawsuit in small claims court. Remember, seeking advice from a knowledgeable source is crucial, especially when dealing with legal matters that are not straightforward. |
Q: if an in custody inmate had an arraignment for dv charges and was told the da has not yet filed charges. must he be released within 48 hours of the arrest if files are not charged before then? also as a victim who was given no say and wants the charges completely dropped is it a good idea to contact the da while it’s pending to communicate my stance and or demand answers for the pending status? | A:In California, if an individual is arrested and detained, the district attorney generally has 48 hours to file charges. If charges are not filed within this period, the individual must usually be released. However, this timeline can vary depending on weekends and holidays. It's important to remember that each case is unique and the specific circumstances can affect the timeline. As a victim, your perspective is valuable in the legal process. You have the right to express your views to the district attorney's office. Communicating your desire to have the charges dropped can influence their decision, but the final decision to prosecute lies with the district attorney. They consider various factors, including the evidence and public safety. If you wish to express your stance or inquire about the status of the case, it's advisable to contact the district attorney's office. They can provide information about the case and explain the legal options available to you. Remember, legal proceedings can be complex, and consulting with a legal professional for guidance tailored to your specific situation is always beneficial. |
Q: Should I be concerned about signing the HIPAA waiver form in order for the defendant to be prosecuted?. I was assaulted and taken to the ER | A:If you were assaulted and taken to the ER in New York, signing a HIPAA waiver form may be necessary for the defendant to be prosecuted. The Health Insurance Portability and Accountability Act (HIPAA) typically protects your medical information, but in criminal cases, releasing certain medical records may be required for evidence. By signing the waiver, you grant permission to share relevant medical information related to the assault with law enforcement and the prosecution. This information can be crucial in building a case against the defendant. However, it's essential to carefully review the waiver. Keep in mind that the primary purpose of the waiver is to facilitate the investigation and prosecution of the assault. |
Q: What should I do? My account is frozen cause I was given fraud checks and bank took my money when they decline the check. So I was given two checks for a side job I deposit it to my account and they decline next day I was called that the check’s were fraud but they bank never gave me the money. I gave them the emails and address of where I gotten them and they froze my account. When I login into my account I had 123.50 in the checking account I checked the next day it was 232 which was weird then I saw it was taken . I don’t know how if it’s frozen | A:If you never got the money and the checks were declined, the bank must suspect you for fraud. There is something not right but if the whole matter is over $110 there is little a lawyer can do. When the courts reopen, make a small claims suit. |
Q: Hello, my grandma has recently passed away. She has a will from years ago she and her late husband had stating the. …house and assets would be left to his step daughter. A few years ago she had gone into the bank to place me as her beneficiary for the account. Would they still honor the will or does me being beneficiary of the bank account override that? | A:The bank account designation puts the account outside the probate estate. That means it goes to you, not in accordance with the will. |
Q: Legal heir can be newly added after 1year in an given certificate. By showing new guideline given.. Sir my friend husband passed in 2021 .actually his father supported her to legal heir certificate by adding mother widow and son and get legal heir certificate in 2022 Feb month then they split their shares given by insurance company. Now his father asking for a share that he has rights in new go guidelines and send notice for us. In the go clearly mentioned 90 days for changing name and correction. Is this possible to cancelled or add a name to given legal heir certificate by RI after 1 year sir. | A:I do not know what a heir certificate is, but you are probably talking about an affidavit of heirship that determines a decedent's heirs under oath. Also I do not know what a go guideline is. If this is some type of TN child support, it has nothing to do with insurance already paid out after an obligor dies. The father will probably have to sue the insurance company as well as the paid out beneficiaries. His breach of contract suit will be difficult and probably unsuccessful. |
Q: Can i take possession of items abandoned on my personal property after a certain time period?. I was renting, no written lease, a storage unit located on my property. The owner of the contents died more than 3 years ago and the administrator of his estate has not come forward to pay accumulating rent and claim items. Can I take possession of the contents, including an antique car and sell them for the past due rent? | A:In the scenario where you were renting a storage unit on your property without a written lease, and the owner of the contents passed away more than three years ago with no action from the estate administrator, the legal standing to take possession of the items can be complex. Georgia laws typically have provisions for dealing with abandoned property, but specific procedures must be followed. |
Q: How do I fight a “revenge restraining order” (OFP) that was filed against me—& granted?. My wife had been violent with me since 2014, but walked out & filed for divorce in Nov of ‘22. 8 months later, after being quiet about the abuse for years, I did a social media post discreetly talking about (I said no names or relationships) what I was & had been going through. The next day, I got angry texts from her demanding I remove my post. A week later when I hadn’t done so, she filed an OFP against me using a text where I had apologized for hurting her one of the times I was trying to shove her off of me. During a hearing about it that took place last week, I was instead in the back of an ambulance being taken from one hospital to another in Rochester. The court knew my whereabouts, but granted the OFP because I wasn’t there. I have plenty of evidence that she’s lying & that she was the violent one. Violence that has left me with serious injuries. I’m feeling extremely disgusted in & discouraged by the legal process here. How do I fight this? | A:You will need to convince the court you are entitled to a new hearing because you were unable to attend. I apologize, but I don't know specifically what you need to file without more information. Perhaps another attorney can help. Based on the rest of your question, it doesn't seem you were prepared for court on the day the hearing was scheduled. If you are allowed another hearing you will need to properly present your evidence. https://www.mncourts.gov/Help-Topics/Domestic-Abuse-and-Harassment.aspx |
Q: Does Foster v, Love decision mean that elections have to be decided by midnight on "election Day" otherwise it's void?. “When the federal statutes speak of ‘the election’… they plainly refer to the combined actions of voters and officials meant to make a final selection of an officeholder… By establishing a particular day as ‘the day’ on which these actions must take place, the statutes simply regulate the time of the election, a matter on which the Constitution explicitly gives Congress the final say.” Foster v. Love, 522 U.S. 67, 71-72 (1997) The voters vote. The officials count. These combined actions form “the election,” and the election must be decided on the day. States that failed to make a final selection of officeholder by midnight after Election Day have violated the statute. | A:True, a ballot completed after midnight on Election Day may not be counted in a federal election. |
Q: Health Insurance deny my claim stating is out of network but paid previously a claim ?. Please help ? My insurance processed a wellness claim at a different location of a hospital with the same name. Later, I received a referral for a specialist and had sonograms at the same hospital but in a different location. Despite being labeled as an out-of-network service by my insurance, the hospital's accounting department confirms billing under the same network for all locations. Despite my attempts, contacting supervisors and submitting disputes yielded no follow-up or resolution. The hospital's appeal was denied, and during admission, staff assured me of no out-of-pocket deductibles. I never received an upfront estimated bill, as the agent guaranteed zero cost based on my coverage. Given these circumstances, I'm unsure of my rights, especially with both the insurance company and hospital being uncooperative. It feels unjust to potentially face a hefty bill despite consistently paying insurance premiums. I appreciate any assistance in clarifying my rights. | A:Only a Florida attorney could advise, as a good portion of insurance and consumer laws are governed by state provisions. But your question remains open for three weeks. Until you're able to consult with a local attorney, you could check the backsides of any denials or EOBs - they sometimes outline options, whether arbitration, civil court, or other remedies. Good luck |
Q: Can I make a reference in a new song, to the title of a song that has been trademarked?. I composed a song where, at some point, I make reference to the title of an important social protest song that became a sort of an anthem, and I describe how important it was to rally the people and brake their fear to the oppressor. However I found out that its title has been trademarked, and I want to make sure that making such reference, is legally acceptable. I ONLY refer to its title, I do not copy the song at all, nor its melody. | A:In Florida, referencing the title of a trademarked song in a new composition can be legally permissible under certain conditions. This usually falls under the category of fair use, especially if the reference is made in a way that is transformative, such as using the title to comment on, criticize, or pay homage to the original work. However, it's important to ensure that the reference does not create confusion about the source or sponsorship of your song. The trademark laws aim to prevent consumer confusion and protect the owner's brand identity. It's also crucial that the reference does not diminish the value of the original trademarked song or its brand. While fair use can provide some protection, the boundaries of this doctrine can be complex and context-dependent. Considering this, it may be wise to seek legal advice to review the specific usage in your song to ensure it aligns with fair use principles. This step can help minimize the risk of legal challenges related to trademark infringement. |
Q: My brother and I each want to put a house on 74 acres in NE, but the county doesn't allow more than one home per qtr.. But, there is a special condition that if we are ranchers and own all the land, a 2nd home can be built, so we can "get around" the problem of not being able to build two homes, by not separating the 74 acres into 2 parcels (so we both own the ground), so no real problem so far. But, I have 2 questions: 1) Can the planning/zoning commission stop us from selling this property (with the homes that are now on them) in the future if they are now divided into two, 37 ac. parcels and are now owned separately, one by my brother and the other by me? 2) If they can be sold separately and one of the new owners had their home destroyed by fire or tornado 30 years after the home was originally built (10 years after the sale), and assuming the rule hasn't changed about having 2 homes on a qtr., can the planning commission refuse to allow them to re-build by not issuing a building permit due to the "can't have 2 homes per qtr. rule"? Or would some sort of grandfather clause come into play? | A:Your question is too specific for a general posting board like this. You will want to consult a real estate attorney experienced with farm land issues to see what exceptions might apply in your specific situation. |
Q: may a state court in Indian country entertain an extradition proceeding on a native prisoner. I was arrested on an extradition warrant and held in the Pontotoc county jail on a failure to pay fines on another felony case. Because I am a citizen of a sovereign Indian Nation, and live in Indian country. Any warrant. or governors warrant must be addressed to my tribe. I was held in jail for thi;rty days and released, because Arkansas failed to send an agent to take custody. The warrant was defective and I was never taken before a tribal court to allow me to state the defects. This denied ;me due process and equal protection of the law. | A:Jurisdiction in Indian country can be a very complex issue as it involves a nuanced interplay of tribal, state, and federal laws. Generally, extradition processes involving Native American tribes might require collaboration between tribal, state, and possibly federal authorities to properly address jurisdictional concerns and ensure adherence to established legal protocols. The exact processes can significantly vary depending on specific circumstances, the nature of the charges, and the agreements, if any, between the respective sovereign entities. It is essential to consult with a legal expert, potentially one proficient in tribal law, to properly address your concerns and explore potential avenues for relief based on your specific situation. |
Q: If I make a Car Quiz mobile game will I get in trouble? I don't have any permission from any brand, but isn't a racegame. Also I would like to put the cars in Cards, and Packs where you can find them, so It became also a card collecting game | A:If you create a mobile game that uses images or trademarks of car brands without permission, you may be infringing on the intellectual property rights of those brands. This can potentially result in legal action being taken against you. To avoid potential legal issues, it is recommended that you either obtain permission from the car brands to use their trademarks and images in your game, or create original designs that do not use any trademarks or copyrighted material. Additionally, if you plan to create a card collecting aspect of the game, you should be careful not to infringe on any copyrights or trademarks when designing the cards. It is recommended that you consult with a legal professional to ensure that your game does not infringe on any intellectual property rights. |
Q: My advisor assured me that I would receive my funds within 3 Bus. days for a closing, did not get funds for 7 Bus. days?. In July I spoke to my financial advisor about money I rec'd from an inheritance and I told him that I wasn't sure what to do as I was looking for a vacation home and would need it immediately should I find something. I did not ask the type of account he was putting it in as I trusted that he would put it in a "safe" account. I only wanted to make sure that I could access it immediately and not have to pay any penalties. He was suppose to begin the transaction on 10/23 and on 10/27 he started it and my account was down almost $6K. I did not receive the funds in my bank until 11/6 and could not access them until 11/7. The account was down about $2,500 at the beginning of the week 10/23/23 and by the end it was down $5,500 and he admitted he forgot. I had to borrow money in order to have it for my closing. I could have lost my vacation home if I had to wait for the funds to be transferred. Is there anything I can do? | A:In your situation, it appears that there may have been a failure on the part of your financial advisor to meet the expectations set for the management of your inheritance funds. The delay in accessing your funds and the resultant financial loss are concerning, especially given your clear communication about needing immediate access for a significant purchase like a vacation home. First, document all communications with your financial advisor, including any assurances given about fund availability. This documentation can be crucial in establishing what was communicated and agreed upon. You might have grounds for a complaint based on professional negligence or breach of fiduciary duty. Financial advisors are expected to act in their clients' best interests and manage funds responsibly. Failing to start a transaction on time, as in your case, may be seen as a breach of this duty. Consider contacting the financial institution where your advisor works to formally lodge a complaint. They may have internal procedures for resolving such issues. If this does not bring a satisfactory resolution, or if you have incurred significant financial damage, consulting with an attorney experienced in securities law might be necessary. They can advise you on potential legal actions, including seeking compensation for any financial losses incurred due to your advisor's actions. Remember, each case is unique, and specific legal advice will depend on the detailed circumstances of your situation. A legal professional can guide you through the process and help protect your interests. |
Q: Can a hospice social worker tell give info on legal matters to anyone?. The patient & his father had been estranged for over 25 years & the patient didn't want his father knowing or having any of his belongings after he passed. The hospice social worker told the father everything would go to him even tho that's not what the patient wanted. Unfortunately there is no will | A:In California, hospice social workers are generally not authorized to provide legal advice or make determinations about the distribution of a deceased person's estate. Their role is to offer support and counseling services to patients and families, not to interpret or enforce legal matters like inheritance. Regarding the distribution of assets when there is no will, California's intestacy laws come into play. These laws determine how assets are distributed in the absence of a will. Typically, if the patient was unmarried and without children, the estate may indeed go to the closest living relatives, which could include parents. However, the hospice social worker's assertion may not be legally accurate or binding. Since there is no will expressing the patient's wishes, and you have concerns about the distribution of the patient's belongings, it would be advisable to consult with a probate attorney. They can help you understand the intestacy laws and what steps can be taken to address the situation. It's important to address these matters promptly to ensure the patient's estate is handled according to law. |
Q: Hello I'm looking for an attorney that I will assist me in fighting back a predatory lender tribal law attorney.. Can you please gave someone to call me 832.326.6476 I took out a loan for 1500 and now I'm paying 7000 back ridiculous. Any help you can give would be appreciated. It has to be illegal in Texas. How do I fight these people and not have my credit score or be legally sued. Can you assist me in erasing this debt legally? | A:You may also want to contact the National Association of Consumer Advocates, which is an organization of attorneys and consumer advocates who specialize in protecting the rights of consumers against unfair or abusive lending practices. Their website is https://www.consumeradvocates.org/ |
Q: I have a Sleep Number be which has been broken for over a year. "Parts are backordered" Is there a law about reasonable. time to repair? Any code to force them to repair or replace within a certain amount of time? | A:If there is a warranty the lemon law should cover it. |
Q: My wife has moved out 90days ago and has abandoned me.How long does she have before I can claim the rest of it?. She hasn't help ed with any of the bills including groceries. And when she left she left me with shut off notices bill's due lack of money and broken. She works full-time at Stryker makes enough money to help but says the same thing she always has, she's broke. BS!! I have talked to her since then because I needed help with the bills.But got nothing. I also need to know can I change the locks on my house? The house is in my name I have paid for the mortgage since I purchased it and would like to have a little bit of privacy and sense of security. I am on disability, I have used up all my 401k and have ran up debt on a credit card.She has never really helped me with the bills. she has been very abusive financial, emotional, verbal, mental intimately and adultery. Basically NPD and BPD abuse plus. If I file for separation of maintenance will I be able to get some money from her and will I be able to keep my house? Its the house my grandfather built and I don't want to really lose it. | A:This is practically impossible to answer without knowing which state this is occuring in. In Ohio, you may be able to get temporary spousal support. A court would need to analyze each of your incomes and expenses. As for marital property it will need to be divided equitably. Being out of the house for 90 days does not eliminate her ownership in things purchased during the marriage. It may impact her ability to move back in without your agreement after a divorce is filed. You should hire a local lawyer and file ASAP. |
Q: Hello.. can I get free help from a lawyer in stopping wage garnishment?. I received a letter from my employer that my wages are being garnished. | A:In California, you may be able to receive free legal assistance to address wage garnishment issues. Organizations like Legal Aid societies and non-profit legal services offer support to those who cannot afford a private attorney. These organizations often provide help with debt and consumer rights issues, including wage garnishment. Additionally, some local bar associations offer pro bono (free) legal clinics where you can get advice. It's important to act quickly after receiving a garnishment notice, as there are time-sensitive steps in challenging or modifying a garnishment order. You should gather all relevant documents, including the garnishment notice, and any related court papers. Understanding your rights and the garnishment process is crucial in effectively addressing the situation. Lastly, consider contacting a local legal aid organization or bar association to inquire about free legal services available to you. |
Q: Is it actionable for a trustee to withhold promised distributions unless a beneficiary stops exercising their rights?. Is it legal, ethical, or actionable for a trustee to withhold distributions that they previously promised to send for the beneficiary's health, education, maintenance, and support until the beneficiary sends all their family's receipts, bank, credit card, and student loan statements for months on end, and essentially agrees to not take the trustee to court for refusing to provide a trust accounting and other issues? Let's say the trust document says the trustee may make distributions for the beneficiaries health and maintenance in general comfort taking into account what they know about their current income and readily marketable assets. Is demanding all that extra documentation, for the first time ever, as an intimidation tactic and perhaps to try to get dirt on the beneficiary to spin in court, some kind of abuse of power/rights under color of law or office? This is in Illinois. | A:If the trust gives the trustee discretion to make distributions to a beneficiary based on a particular standard, the trustee is permitted to ask for evidence from the beneficiary in order to evaluate whether a distribution should be made. This is not illegal, and is often a common feature of trusts. On the other hand, the trustee always has the obligation to act in "good faith" when administering a trust for the benefit of beneficiaries. If the trustee is asking for documentation with the goal of harming the beneficiary rather than for the purpose of following the trust's intent, then that could be considered a violation of the trustee's fiduciary duty, which would subject the trustee to being removed from their office. However, this would be difficult to prove and would require significant evidence regarding the trustee's primary motivation. |
Q: I was common law married in ga 19 years when ga recognized it we never divorced but I legally married and divorced. Another man I want my common law husband's survivors benefits social sec says no because we never divorced we had a child so am I eligible or am I a bigamist | A:In Georgia, if you were in a common law marriage before the state ceased recognizing such unions in 1997 and never legally dissolved it, that marriage may still be considered valid. Entering into a legal marriage with another person while still in a valid common law marriage could potentially be viewed as bigamy, which is illegal. This situation complicates your eligibility for survivor benefits from your common law spouse. Social Security typically requires that the marriage be legally valid and not terminated by divorce to qualify for survivor benefits. If your common law marriage was never legally ended, it may impact your marital status and the legitimacy of your subsequent marriage. It's important to consult with a legal professional experienced in family law to clarify your marital status and understand your rights regarding survivor benefits. They can offer specific advice based on the details of your case. Addressing this issue promptly can help resolve any legal complications and determine your eligibility for benefits. |
Q: Who is responsible for my property damage caused from high velocity storm water from the alabama state highway drain pip. The flooding is more than 60ft wide and rapid. Resulting in erosion, pushes out my underpinnings, and all my house exits are flooded for a time. Aldot has come out and cleared the drainage ditch last August the problem still persists, more frequently. That's all they will do. Im 750 ft from roadway. 2 lots upward near drain, flood waters exit my lot to the next. I'm the only one with a house directly in the middle of the flood waters. I'm in rural, county. What can I do? | A:It is possible that you have a claim against the state for what is called inverse condemnation. The state is generally not permitted to take or destroy private property without going through a formal condemnation procedure. However, the law is very technical as to what is considered a regulatory taking and what is considered a wrongful or inverse condemnation. Unfortunately, Alabama law likely does not allow for a recovery if the damage to your property is considered a regulatory taking. You may be able to recover against the state if the damage is due to an inverse condemnation. You should contact an attorney who handles real estate litigation or condemnation cases. |
Q: I was fired from myjob for making a google review for another company and I wasn't at work. I purchased a tire from raffield tire in macon ga and I did a google review on the company and the manager Dale called to my job and told my boss that I did the google review and they was not going to do any more business with them my boss called me and said that I was fired because they loss a big customer is this fair ?? And I also tried to file unemployment and I found out that my job wasn't reporting my wages to the IRS but was taking taxes out my checks and I have proof of everything thing my have my receipts from raffield tire when I purchase the tire and I have all of my check stubs and employee handbook | A:In Georgia, the situation you're describing raises several legal concerns. Firstly, regarding your termination, Georgia is an at-will employment state, which generally means that an employer can terminate an employee for any reason or no reason at all, as long as it's not for an illegal reason such as discrimination or retaliation for a protected activity. However, the circumstances of your firing, being based on a personal action (writing a Google review) that was not performed during work hours, could be seen as unfair but may not necessarily be illegal. It's a complex area where the specifics of the situation would need to be closely examined. Regarding the issue of your employer not reporting your wages to the IRS, despite withholding taxes, this is a serious matter. You should report this to the IRS. They can investigate the issue, and you may be entitled to a refund of any taxes improperly withheld. You should also consider speaking with an employment attorney. They can provide advice on both the termination and the tax issue. The attorney can assess whether you have grounds for a wrongful termination lawsuit and guide you on how to proceed with the wage reporting issue. It's important to keep all documentation related to your employment, the termination, and any financial records, as these will be vital in any legal proceedings. Remember, you have rights as an employee, and it's important to ensure that these rights are respected and upheld. Seeking legal advice is a good first step in addressing these complex issues. |
Q: 8 years ago my friend went in for a hysterectomy and went into septic shock ,woke up 53 days later without a leg.. She did sue the doctor. But why can't you sue again because she's had 26 surgeries since then. This is ridiculous. I know the Nevada laws but there should be a way. | A:In Nevada, as in many jurisdictions, there are legal principles, such as the "one-bite at the apple" rule or the "single recovery" rule, that generally limit individuals from suing multiple times for the same injury. Once a lawsuit is filed and resolved, it typically includes all current and future claims related to the specific injury or incident. However, there are exceptions and nuances, especially in cases of medical malpractice where subsequent complications or new injuries arise due to the original malpractice. If your friend has experienced additional harm or complications that were not addressed in the initial lawsuit, it may be worth consulting. Assess whether there are grounds for a new legal action, and guide your friend on the potential legal options available. |
Q: Can the town of Goldsby place an ambulance subscription charge on the water bill of $10.00 per month?. I have told them I want to opt out of the arrangement, but they still are billing me. I have paid the billing so as not to create a conflict. I sent notice via email as well as placing notice with the payment of the water bill, but they seem intent on pursuing this collection. | A:The ability of a town like Goldsby, Oklahoma, to add an ambulance subscription charge to water bills typically depends on the town's ordinances and regulations. Municipalities sometimes impose such charges to fund emergency medical services, and these charges can often be mandatory. If you have already attempted to opt out and communicated your request to the town authorities without success, it's important to review the specific local laws or regulations that govern these charges. There may be specific provisions or processes for opting out that need to be followed. Given that you've been unsuccessful in resolving this through direct communication, consider attending a town council meeting or reaching out to a local representative to voice your concerns. These public forums can be effective in addressing such issues. If the charge is indeed mandatory according to local law, and there is no provision for opting out, it may be challenging to remove this charge from your bill. In such cases, understanding your rights and the town's legal authority is crucial. If you continue to face challenges with this issue, consulting with an attorney who has experience in municipal law might provide clarity on your options and any potential legal recourse. An attorney can help you understand the legality of the charge and advise on the best course of action based on your specific situation. Remember, dealing with municipal charges often requires navigating complex local regulations, and professional legal advice can be invaluable in such situations. |
Q: Can a fitness center (commercial gym) have a business license with a residential address?. If a gym owner is evicted from the commercial space and no longer has an address zoned for commercial use, does this negate the business license? | A:In California, a business license can technically be registered with a residential address, but this does not automatically allow a commercial operation like a gym to function in a residential area. Zoning laws, which vary by locality, determine what activities can occur in a residentially zoned area. If a gym owner is evicted from a commercial space and only has a residential address, the business license itself may remain valid, but operating a gym from a residential address would likely violate local zoning ordinances. You should review local zoning regulations and consider the specific circumstances to determine the legality of such an operation. |
Q: A teenager stole a boat and hit my friend's parked boat & boat lift with it, can my friend get money for the repairs?. This incident happened in the middle of the night on a private inland lake in Michigan and there is a police report. The owner of the stolen boat left the keys on it but apparently my friend can't make a claim against their boat insurance since the owner wasn't driving the boat. My friend doesn't have boat insurance and their property insurance will only pay $2,500 towards the $9,000 boat repair and only a small portion of the $5,000 repair for the boat lift. | A:If a teenager stole a boat and damaged your friend's parked boat and boat lift in Michigan, your friend may be able to seek compensation for the repairs. Gathering evidence like photos and repair estimates can support their claim. Checking the boat owner's insurance policy for coverage is important. If the owner's insurance doesn't cover the damages, your friend could consider small claims court. |
Q: What can I do when someone took my dog when kicked me out, then claiming his hers and that she takes care of him. Technically the dog isn’t registered to either of us, but to a third party I don’t want to get involved. | A:If someone has taken your dog without your consent and is claiming ownership, you should initially attempt to resolve the situation through communication. Share your side of the story and your attachment to the dog. Gathering evidence such as photographs, veterinary records, or any documentation of your responsibilities for the dog can strengthen your case. If communication fails, contact your local animal control or law enforcement agency to report the situation, as they may be able to mediate or provide guidance. Consulting an attorney who specializes in property or animal law is advisable if disputes persist. In extreme cases, a civil lawsuit may be necessary to establish your ownership rights. Exploring mediation can also be a more amicable way to reach an agreement. |
Q: Can a business in California record phone calls without the caller knowing.. I live in a student housing complex in the San Diego area and was wondering if there were any legal repercussions to a business for recording phone calls without the calling party’s consent. When calling this company there is never a message that notify’s the caller that the call is being recorded. Being a property management company many financial, health, and other personal information is said throughout these conversations, which I feel the caller should know is being recorded. This company has most likely received tens of thousands of phone calls that have been recorded without any of the callers knowing the conversation was recorded. | A:Under California law, recording phone calls without the consent of all parties involved is generally prohibited. California is known as a "two-party consent" state, as outlined in the California Penal Code Section 632. This means that for a phone conversation to be legally recorded, all parties involved in the call must be aware of and consent to the recording. In your situation, if the property management company is recording calls without notifying callers, this could potentially be a violation of California law. The lack of a notification or warning that calls are being recorded is a key factor in determining legality. Given the sensitivity of the information often shared in calls with a property management company, such as financial or health information, the need for consent becomes even more crucial. Violations of this law can lead to legal repercussions for the business, including potential civil litigation. If you have concerns about this practice, you might consider seeking legal advice to explore options for addressing the situation. Additionally, raising awareness about the issue within the affected community can also be an effective way to approach this matter. |
Q: What of a child is attempting to leave a room and a teacher blocks the door way and uses physical restraint. By putting child in a headlock which the child then punches the teacher to get her to let go of child self | A:It is never acceptable for a teacher to physically restrain a child, especially by using a headlock. This is considered excessive force and can result in serious injury to the child. In Nevada, there are strict laws in place to protect students from physical abuse by teachers. If a child is attempting to leave a room, the teacher should use verbal de-escalation techniques to calm the child down. If the child is still acting aggressively, the teacher should call for assistance from another staff member or administrator. |
Q: Is it legal for a fence company to claim a territory and not allow other companies to build home fences there?. I am trying to get multiple estimates to build a fence on my property, and i am searching in a 30 mile radius of my house. I have noticed that a couple of the companies that i have reached out to and who are only10-15 miles from where i live had said they can not build a fence on my property and that i have to use my local fence builder. Is that legal? It doesn't make any sense, i want the cheapest price possible and my local fence builder is way too expensive. | A:It is generally not legal for a fence company to claim exclusive territory and prevent other companies from providing services in that area. This practice can be considered anti-competitive and may violate antitrust laws, which are designed to promote fair competition and protect consumers from monopolistic practices. If you're encountering fence companies that refuse to provide services in your area citing territorial restrictions, it could be a sign of anti-competitive agreements among these companies. Such agreements, if they exist, can limit consumer choice and potentially lead to higher prices. You have the right to seek multiple estimates and choose a service provider that offers the best value. If you suspect anti-competitive behavior, you might consider reporting it to the California Attorney General's Office or the Federal Trade Commission (FTC), which handle antitrust law enforcement. It's also advisable to reach out to other fence companies beyond the initial ones you contacted. There might be other providers willing to offer competitive rates without such territorial restrictions. Remember, as a consumer, you should have access to a variety of options to ensure fair pricing and quality service. If restrictive practices are limiting these options, legal avenues are available to address such issues. |
Q: I bought some assets from a code dev and then put them into a game and then the co-owner banned me and stole them. sue?. Can I sue the co-owner for stealing my assets and my game? The co-owner is only 16 and I'm 24 the reason I even trusted him as a co-owner is because he had modeled and coded stuff for me for about 2 years on different games and always did a great job despite his young age and always acted about 30 never like a child so when I started a new game development about 6 month's ago I thought I would give him the owner role so I didn't have to be online for him to work on the game only for him to steal all my assets that I had payed for keep in mind only ever meet that guy online have not meet him in person I do know his legal first and last name because I hired him consistently over the course of those 2 years. Do I have a case? | A:Under California law, you might have a case based on breach of contract, unjust enrichment, or conversion. Since the co-owner is a minor, there could be some limitations on the enforceability of any agreements you had with him. You should gather all the evidence of your agreements and the work completed by both parties and consult with an attorney to evaluate the strengths and weaknesses of your potential case. |
Q: Can I sue Excelsior? I just want to get back in school.. I was kicked out of school because my writing had high levels of A.I. Yesterday, one of the instructors sent an email warning people that if they use online resumes for the class, it will get flagged as cheating. Even though he is the one who told us this was okay This also happened to me in another class. They gave me Fs in all four classes and kicked me out of school. Do I have a case against them? I'm reading about how most schools are banning AI detectors now. | A:If you've been dismissed from school based on accusations of using AI in your writing, and you believe this decision was unjust or inconsistent with the school's policies, you may have grounds to challenge the decision. Firstly, review the school's academic policies, especially those related to academic integrity and the use of AI or other online tools. Understanding these policies is crucial in determining if the school has acted within its own guidelines. If there is evidence that an instructor previously approved the use of online resources or AI tools, gather any relevant communications or instructions that support this. This evidence could be critical in challenging the school's decision. You should also consider reaching out to the school's administration to appeal the decision. Many educational institutions have a formal process for students to contest academic or disciplinary actions. An appeal can give you the opportunity to present your side of the story and any supporting evidence. If these efforts do not resolve the issue, consulting with an attorney who has experience in education law could be beneficial. They can advise you on your legal rights and options, and if necessary, assist you in pursuing legal action against the school. Remember, every situation is unique, and the outcome will depend on the specifics of your case and the applicable laws and policies. It's important to act quickly and gather as much evidence as possible to support your case. |
Q: Can public schools assign reading material that contains Christianity fasting sacrifice practices??. My daughter read Life As We Knew It in 6th grade(11 yrs old). It intails a pastor convincing a girl to starve herself so the rest of the congregation will have faith that God is on their side during an end of the world situation. The girl sucums to the practice and dies. She refused to listen to anyone who told her to eat and dink and referred to them as non believers. My daughter had to do a report on the book and the class was assigned to evaluated this situation on weather or not they thought it was wrong, what they would do differently.... They said it was utopian book helping them find their voice. | A:Under California law, public schools can assign reading material that contains references to Christianity, fasting, and sacrifice practices, as long as the material is part of a curriculum that serves an educational purpose and is not intended to promote or endorse any particular religious belief. However, it is important for schools to be sensitive to the age-appropriateness of such material and ensure that it is presented in a way that encourages critical thinking and discussion rather than indoctrination. In your specific case, the book "Life As We Knew It" was likely chosen as a way to stimulate classroom discussions about ethical dilemmas and personal choices, which can be valuable for students' intellectual and moral development. If you have concerns about the content or approach, it may be advisable to discuss them with your child's teacher or the school administration to gain a better understanding of the educational goals and how they align with your values and expectations. |
Q: Is there any legal grounds regarding an employer not confronting a customer for being a peeping Tom.. I was using the women’s restroom when a male came in. When I exited the stall and agitatedly stated “what are you doing in here?!” With a smirk and sarcastic tone he stated “I was inspecting the place.” I informed my manager with dismay and he didn’t even speak to the customer when the man should have been kicked out for being a peeping tom. | A:Under California law, an employer has a duty to provide a safe work environment, which includes addressing potentially harmful situations caused by third parties, such as customers. If an employer fails to take action against a customer who has engaged in criminal activity, such as peeping, this could potentially lead to a negligent failure to protect the employee, depending on the circumstances. It may also raise issues under California's sexual harassment and privacy laws. You should document the incident and report it to higher management or human resources. If the response is still inadequate, you might consider contacting an attorney or the California Department of Fair Employment and Housing to explore legal options. It’s also within your rights to report the incident to law enforcement, as peeping is a criminal offense. |
Q: I was driving my friends car without her consent and i crashed it didnt have insurance but i had insurance for my car. I have insurance for my car My friends car didn’t have insurance It was non permissive driving I have a non owned automobile coverage | A:Your insurance will cover injuries caused by you in the crash. |
Q: What is considered child porn? Can insurance use it as evidence in court for their case?. if the case is about mental health, can insurance use surveillance of a minor kissing another minor and send it in as evidence saying that the plaintiff is not actually mentally ill because they appear to be in a relationship? | A:Child pornography is defined as any visual depiction of sexually explicit conduct involving someone under 18 years of age. It would be very difficult to use child pornography as evidence in a civil matter since its production, distribution, and possession is illegal. Of course, depending on the context and circumstances, two minors simply kissing each other is unlikely to be considered sexually explicit conduct, especially if they are fully clothed. |
Q: Is Michigan's probate Notice of Intent form (PC 557) needed if a Personal Representative is named in a Will?. We lost your stepmother last month. She had both a Will and Addendum to her Will Notarized and Witnessed. She has no natural children, both her spouse (my father) and parents are deceased. She has a sister living. She appointed me as Personal Representative in her Will. When I file the Application for Informal Probate, do I need the Notice of Intent form? If I understand correctly the person named in the Will as Personal Representative has the highest priority. So I believe, no notices would need to be served since there would be no person whose right to an appointment is prior or equal to my own. Or do I still have to submit the form even though there would be no Proof of Service forms to attach? | A:My condolences on your loss. The BRIEF answer to your question is: no that form is not needed. This and SO many other questions will be resolved quickly and easily and with relatively little cost if you hire a local licensed attorney to help you. None of the forms and procedures to complete an estate are HARD, but there is a lot of DETAIL and many deadlines that you need to comply with. A lawyer will have policies and procedures set up to make sure you don't miss anything. Additionally, it is not necessarily REQUIRED that informal or formal probate be done if the estate was planned properly. HOWEVER once you file with the court, you're locked into that course even if it isn't necessary. Seek legal representation BEFORE you file anything -- you may find there is an easier way! |
Q: Is there any way for a victim to not be in the same courtroom as the person for which they are seeking a PPO against?. Due to the mental health of the respondent there is a significant likelihood that the person would be violent or use traumatizing language as well as appeal in hopes of spending more legitimate time with the victims. | A:In most counties, there are victim / witness services coordinators that can help address these concerns. A victim's right to be protected is sometimes in conflict with an accused' right to confront witnesses. But there are ways. And importantly, judges have contempt powers that can be utilized to control and punish untoward behavior in courtrooms. |
Q: Recently diagnosed with major depression/general anxiety. Previously victimized in documented violent crime.. After obtaining PTSD during violent crime , I carried on without treatment with self medication. I received a 10 year sentence without legal representation or psychological evaluation. | A:In Illinois, if you were sentenced to a 10-year term without legal representation or a psychological evaluation, especially considering your mental health conditions stemming from a violent crime, there are several steps you can take. First, it's important to seek legal representation immediately. An experienced attorney can help evaluate your case, particularly focusing on the lack of legal representation and the absence of a psychological evaluation during your sentencing. Your lawyer can explore the possibility of an appeal or a post-conviction relief petition. These legal avenues can address issues like ineffective assistance of counsel or the failure to consider significant mitigating factors like your mental health at the time of sentencing. Given your diagnosis of major depression and general anxiety, as well as PTSD from a prior violent crime, these factors should have been considered in your sentencing. The absence of this consideration could be a crucial point in your legal challenge. Additionally, obtaining a comprehensive psychological evaluation now can provide essential evidence for your legal team. This evaluation can demonstrate the impact of your mental health on your behavior and potentially on the legal process you underwent. Remember, the legal system provides mechanisms for addressing oversights and injustices, even post-sentencing. Acting promptly and with the guidance of a qualified attorney is crucial to navigating these complex legal processes effectively. |
Q: I have a LLC , I was hired to build a fence from someone who was hired by a homeowner the person who hired me turns out. The person who hired me is unlicensed and Wong pay me for the work I did. How do I go about getting paid ? | A:This question appeared in the Employment law section. However this is not an employment law issue. You are an independent contractor, and the rules of contracts will apply. You sue the person for breach of contract. Depending on the amount of money involved you can sue small claims court or superior court. It would be a good idea to consult with a business litigation attorney to explore your options. Good luck to you. |
Q: I’m applying for SSI for my son with legal aid, my parents live with me and are NON-US citizens. Will it affect them?. I have to sign a government form I believe and it’s not guaranteed that they won’t give out my information. I just want to know if their information will be reported to ICE. | A:When applying for Supplemental Security Income (SSI) for your son, the focus of the application is primarily on the child's needs and your financial situation. The status of other household members, like your non-US citizen parents, is generally not a primary concern for SSI eligibility. However, it's important to be aware that providing information about household income and composition is a standard part of the SSI application process. This might include disclosing some details about the people you live with, including your parents. Regarding your concern about information being shared with Immigration and Customs Enforcement (ICE), it's worth noting that Social Security Administration (SSA) generally does not proactively report immigration status to other government agencies, including ICE, for purposes of immigration enforcement. Their primary role is to administer benefits and services. But it's also important to understand that there are exceptions, particularly in cases of serious criminal activity. If there are specific concerns about your parents' situation, it would be wise to consult with an immigration attorney who can provide advice based on their particular circumstances. In summary, applying for SSI for your son is unlikely to directly impact your parents or lead to their information being reported to ICE, especially if the focus is solely on your son's needs and eligibility. If you have further concerns or need more detailed guidance, seeking legal counsel knowledgeable in both immigration and social security law would be beneficial. |
Q: Federal court filing question. When case is considered to be properly initiated at district court?. Is case deemed to be properly initiated at federal court if complaint is filed and served on defendant before statute of limitations expires? | A:In federal court, a case is generally considered properly initiated when the complaint is filed with the court. Filing the complaint within the statute of limitations period is crucial to meet the requirements for initiating a case. The statute of limitations requires that a lawsuit be filed by a certain deadline, typically determined by the type of claim. However, it's not just about filing the complaint; service of the complaint on the defendant is also an essential part of the process. According to the Federal Rules of Civil Procedure, the plaintiff must serve the complaint on the defendant within 90 days after filing. Filing the complaint stops the statute of limitations clock, but failure to serve the defendant within this period can lead to potential dismissal of the case. Therefore, for a case to be properly initiated in federal court, it's necessary both to file the complaint before the statute of limitations expires and to serve the complaint on the defendant within the prescribed timeframe. It's important to ensure that both of these steps are completed correctly to maintain the integrity and viability of the case. |
Q: Can I hold an OL investment facility liable for not activating my account on time & losing on an important transaction?. I opened an online account with an investment facility, they ensured me that it would be activated after 24-48 hours. After 7 days, it is still not activated as I hoped and the 7th day was the deadline of a transaction that I wanted to do using the account. Furthermore I told them of the urgency & they didn't even inform me that the deadline of the transaction that I wanted to do was actually hours earlier than the activation of my account, so I felt misinformed. Is there anything I can do to make them liable? | A:Probably not--unless you can prove up some financial damages. Speculative losses are not reliable; neither are speculative gains. Brokerage firms--online or otherwise--cannot be held liable for mistakes that do not actually harm the customer. |
Q: Does force majeure apply to flight cancellation causing someone to miss a food process audit?. One of my groomsmen is the lead practitioner for food and safety at an ice cream company. He said it is illegal for him to miss work especially when there is a chance of him missing a food production audit. So he can’t come to my wedding because he’s worried his return flight might be cancelled and he’ll be unable to get another. I’m choosing not to argue the obvious what if’s. If his flight was cancelled and he couldn’t get another to make it back for work, would that fall under force majeure? | A:In legal terms, force majeure refers to unforeseeable circumstances that prevent someone from fulfilling a contract. In the case of your groomsman's concern about flight cancellation impacting his ability to attend a food production audit, it's important to examine the specifics of his employment contract and the company's policies. If his contract or company policies explicitly mention situations like flight cancellations as a valid reason for absence, then it could be considered under force majeure. This clause is typically invoked in scenarios like natural disasters or other extraordinary events beyond one’s control. However, if the contract or policies do not clearly define such situations, it's less straightforward. In many cases, employers are expected to be reasonable in accommodating unforeseen travel disruptions, especially when they impact significant obligations like audits. It's also worth exploring alternative solutions, such as remote participation in the audit or arranging backup personnel, to mitigate the risk of his absence. Understanding the flexibility and emergency protocols of his workplace could provide more options. Ultimately, the application of force majeure depends on the specific terms of his employment and the nature of the unforeseen event, in this case, a flight cancellation. Consulting with a legal professional who can review the relevant contracts and policies would offer more tailored advice. |
Q: Neighbor refuses to return our calls to discuss our concerns over the safety of his weeping willow tree.. The tree is now 60-70 ft. tall. We know they should not be planted in this residential area and we had one uproot on our property. No help from local zoning or tree commission who know our neighbor. We can be killed if it falls or uproots onto our property. I have contacted approximately 19 attorneys in New Jersey and no one handles this type of law. If can discuss this issue with neighbor hoping it can be resolved. Advised to hire an Arboriculture case attorney or one who handles disputes. Any help appreciated. Thank you | A:Speak to a local arborist to review the situation and his/her opinion as to the immediacy of any potential danger and what are the suggested remedies. Then speak to an attorney to review your legal rights and courses of action available to you. An immediate step would to put the municipality on notice by sending a certified letter alerting it of the potential danger and send a cerufied copy of the letter to your neighbor. |
Q: Can a school district fail a student in a high school class when they failed to notify them for two weeks they were. approved for their online enrollment application (after inter-district transfer approved) and basically forgot to contact the registrar at this CA public high school causing my high schooler to miss 2 weeks of school and would still be missing today if we didn't stop by. We notified them twice when we could go to school (both in emails) and the first one said wait till we contact you and the second one a week later was ignored. They apologized and called it a computer glitch but the email saying my kid is at home waiting to go to school was not a glitch (not two glitches). They said kid would be fine but not. Failing two classes; had ADHD documented disability; has to do 6 classes worth of current and make-up work; has a 504 meeting coming up where counselor says he qualifies and maybe needs more than a 504 plan for processing disorder types, etc. Can a school fail my child when they failed to check on a child they approved but ignored two notices the child was at home waiting? | A:In California, public schools are required to provide all students, including those with disabilities, with equal access to education. If your child has a documented disability, the school district must comply with federal laws, such as the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act, to ensure appropriate accommodations and services are provided. The school's failure to enroll your child promptly, especially after being notified, could be viewed as a denial of educational access. If your child's academic performance was adversely affected as a direct result of the school's negligence, you may have grounds to challenge any failing grades. You should consider requesting a meeting with the school's administration to address these concerns and explore potential solutions. Additionally, the upcoming 504 meeting will be crucial in determining the right accommodations for your child. If you're unsatisfied with the school's response, consulting with an attorney experienced in education law might be beneficial. They can guide you on the best course of action to protect your child's educational rights. |
Q: Is it true that in South Carolina the maximum award on vehicular- pedestrian collision is the limit of the ins policy?. As I was crossing the street, a woman ran into me causing serious injuries. | A:No, that is not always the case. There are several factors to take into account outside of the actual bodily injury aspects of the policy, which sometimes get overlooked. Some of those include: 1.) Property damage coverage for punitives if punitive conduct can be shown; 2.) Assets of the individual tortfeasor; 3.) Other potential defendants (why did this person hit you - blocked view, drunk, etc.) that may have some liability 4.) If insurance company fails to pay policy limits timely, there might be an open policy scenario where the insurance company itself is also responsible for the full extent of the harm. You should always consult with an experience personal injury and insurance lawyer before making any final decisions about your case. Any other questions, don't hesitate to reach out. |
Q: How to serve the Defendant documents in a federal civil case?. Hi, I am the Plaintiff in a federal civil case. I do not have attorney yet. I have 3 simple questions. 1, After I serve the original complaint and summons, can I serve other documents to Defendant MYSELF? I mean, can I sign the Certificate of Service and proof the service myself? 2, The Defendant has an attorney. Shall I serve both the Defendant and his attorney? Or shall I serve the attorney ONLY? 3, If there is a deadline to serve, let’s say the deadline for Initial Discovery is July 30 and I am going to serve by mail, can I send the mail on July 30? Or the deadline means the mail of Initial Discovery must be DELIVERED by July 30? Thanks a lot! | A:1) yes, you can serve documents yourself after the Summons/Complaint are served by a process server (or someone other than yourself) 2) you must serve defendant's counsel with all papers in the case, not the defendant himself 3) service deadlines mean the documents must be postmarked by the deadline date. |
Q: Pet insurance denied my claim saying injury was due to illness with no explanation and I only have accidental coverage. My dog had knee surgery due to a torn ccl (acl). He was running and tore it. My insurance company is claiming it was due to an Illness. He has never been diagnosed with any sort of illness that would cause such a thing. I only have accident coverage and they won’t give me an explanation for the decision. Is there anything I can do to fight this? I was told to file an appeal but I don’t want to until I understand the process. | A:A Maine attorney could advise best, but your question remains open for two weeks. Look at the policy and see what the provisions for dispute are - civil suit, arbitration, etc. A veterinarian is best qualified to make a call on the matter, but a ligament tear appears to be more accident-related than illness related. It looks like you have a valid position. Why not try reposting and adding Animal/Dog Law as a category - attorneys in that area of practice would have the best insight into these types of matters. I hope your dog has a good recovery. Good luck |
Q: Is there a standard minimum you can expect to get from an insurance company from a minor hit and run accident?. A year ago I was in a minor hit and run accident. I had to see a chiropractor and was out of work for a few weeks. I went straight to the emergency room, so I also had a doctor bill. Mercury insurance has had a claim specialist working on this for a while now, they just got back my medical bill, from medical, which was $180. They contacted the chiropractor for his bill. And said they would be letting me know this week what their evaluation for what there giving me will be. How do I know if what they're offering me is fair compensation? | A:Consult with a lawyer in your area. You don't make any mention of loss of earnings (LOE) so that might another component of your claim. |
Q: Is there such thing as motion to toll the statute of limitations?. I recently filed a complaint with the superior county court of Los Angeles. In the complaint I had a section where I mentioned the reason the statute of limitations is to be tolled (admission in mental health clinics [I have paperwork to prove it]). The documents are with the process server, (they will likely serve it in few days). My question is that is there a motion to toll? Or is it something that the defense will argue when they fill a motion to dismiss and in rebuttal I will show the medical records? | A:In California, the concept of tolling the statute of limitations is recognized, particularly in cases where an individual's capacity to take legal action is impaired, such as due to mental health issues. There isn't a specific "motion to toll" the statute of limitations; rather, the reason for tolling is typically included as part of the initial complaint or raised in response to a defense motion challenging the timeliness of the suit. If the defense files a motion to dismiss citing the statute of limitations, you would then present your evidence, such as medical records, to argue that the statute was tolled due to your admission in mental health clinics. The court will consider this evidence to determine whether the statute of limitations was indeed tolled under the circumstances. It's crucial to prepare and have all relevant documentation ready to support your claim of tolling. This could be vital in overcoming any statute of limitations defense raised by the opposing party. |
Q: May I negotiate contingency fees after signing the agreement with attorney in state of California?. Agreement says, Client acknowledges and understands that the fee the Attorneys charge for their services is not set by law but is freely negotiable between Client andAttorneys. Bearing such advice in mind, Client agrees to pay Attorneys a contingency fee at the following contingency rates: (a) for all claims before the filing of suit, Attorneys’ fees will be thirty-three and one third percent (33 1/3%) of all amounts received; and (b) for all claims after the filing of suit, including the enforcement of judgment, Attorneys’ fees will be forty percent (40%) of all amounts received. The decision to file suit shall be solely that of Client’s. | A:Of course. You may always negotiate the amount of the contingency fee with your lawyers. They may not wish to re-negotiate the fee amount, however, and you may be left with the choice of discharging them if they do not meet your requested amount. |
Q: I’m on ssdi now since I was 50 yo. I heard once my wife turned 62 which she is now that she is eligible to collect half.. She never really worked I was always the sole provider. We went to social security and were told we have to wait until she turns 65. Is this true | A:In the United States, the eligibility for spousal benefits through Social Security depends on several factors, including the age of both the beneficiary and their spouse. Generally, a spouse can start receiving benefits based on their partner's record at age 62. However, if they elect to receive these benefits before reaching their full retirement age, the amount will be permanently reduced. In your case, where your wife is 62 and you are receiving SSDI, she may be eligible for spousal benefits. However, it's important to note that these benefits would be reduced because she is not at full retirement age. The full retirement age varies depending on the year of birth, and for many people, it is beyond 62. The information you received about waiting until she turns 65 may be specific to your circumstances or may be a misunderstanding. It's advisable to seek clarification from the Social Security Administration or consult with a professional who has expertise in Social Security benefits. They can provide personalized advice based on your specific situation, including the potential impact of early retirement on benefit amounts and the best strategies for maximizing your benefits. |
Q: Are homicidal threats and a baker act a legal reason for termination?. Hello I was recently fired from my job after being baker acted on the job. I texted the crisis hotline explaining to them I was having homicidal thoughts about killing my coworkers. The police arrived and took me in, I went willingly. When I was released from the hospital 72 hours later I was told I was fired and offered no explanation other than "there are some things you just don't say at work". Can I sue them in Florida for this? | A:In Florida, the situation you describe is complex and involves several legal considerations. Employers have a duty to maintain a safe workplace, and expressing homicidal thoughts about coworkers can be seen as a serious threat to workplace safety. This could potentially be a legitimate reason for termination, especially if the employer believes there is a credible threat to the safety of other employees. However, the circumstances surrounding your Baker Act (involuntary institutionalization) and the nature of your mental health condition could introduce considerations under the Americans with Disabilities Act (ADA). The ADA requires employers to provide reasonable accommodations to employees with disabilities, which can include mental health conditions, unless doing so would cause undue hardship to the employer. Given the complexity of your situation, which involves mental health issues and potential safety concerns in the workplace, it would be advisable to consult with an attorney. An attorney specializing in employment law can assess whether your termination was in compliance with the ADA and other relevant laws. It's important to provide the attorney with all relevant information, including details about your mental health condition, the circumstances leading to your Baker Act, and any communications with your employer regarding the incident and your termination. Remember, each case is unique, and legal advice will depend on the specific details of your situation. An attorney can help you understand your rights and options under Florida law. |
Q: what if i was referred to a business to install a grease trap but my plumbing license was expired. i was an apprentice with the help of a licensed journeyman | A:In Indiana, performing plumbing work without a valid license can lead to legal and professional consequences. It's essential to ensure your license is current before undertaking any plumbing projects, especially ones like installing a grease trap which require specific expertise. If you were working as an apprentice under a licensed journeyman, the responsibility may primarily lie with the journeyman. However, it's important to clarify the scope of your role and the extent of your responsibilities in this situation. You should consider renewing your license as soon as possible. Meanwhile, avoid engaging in any tasks that require a valid plumbing license. This approach helps protect you from potential fines or legal action. In this scenario, seeking legal counsel can provide you with guidance specific to your situation. They can advise you on the best course of action and help navigate any complexities related to your apprenticeship and licensure status. Remember, staying within the legal boundaries of your profession is paramount for your career's longevity and reputation. |
Q: Hi. I recently signed a co tract with a mktg company and before I did I was told something else. Can I get out if it. The person for the company told me something v different than was in the contract. | A:If you believe the marketing company misrepresented the terms before you signed the contract, there may be grounds to contest it. Misrepresentation can occur when false statements or promises are made to induce someone into a contract. First, review the contract thoroughly to understand its terms and any clauses about termination or dispute resolution. Compare what is written in the contract with what you were told verbally. It's crucial to identify any specific discrepancies between the verbal promises and the written agreement. If you find significant differences, gather any evidence of these misrepresentations. This might include emails, text messages, or notes from meetings. Evidence is key in demonstrating that what was promised differs from what's in the contract. You should then consider seeking legal advice. A lawyer can provide guidance on the strength of your case and the best approach to take. They can assist in negotiating with the company or, if necessary, taking legal action to resolve the issue. Remember, every situation is unique, and the outcome can depend on the specific details of your case. It's important to act promptly and to keep a record of all communications regarding this matter. |
Q: Can owners take HOA to court?. HOA is charging $50 per day a unit is rented without HOA consent. The waiting list to rent has not changed for close to ten years or so. CCR has a waiver, but HOA refuses to consider it. Our daughter was born premature and has a respiratory health issue. The complex prohibits smoking in the complex. We kept complaining of daily smoking, but HOA ignored our requests. We moved and tried to sell our unit, but we were not successful. During the period the property was for sale there were a few break-ins in our unit. We had to rent it, but do to HOA we had to ask our tenants to leave. The unit is now vacant and exposed to be vandalized while HOA refuses to allow us to continue renting in addition to tag a $3,000.00 fine to our unit. | A:Yes, owners have the right to take their HOA to court if they feel that the HOA has violated their rights or breached their obligations under the governing documents, such as the CC&Rs (covenants, conditions, and restrictions) and bylaws. In the scenario you described, it seems that the HOA is charging you a fee for renting your unit without its consent, even though there is a waiting list to rent and you have a waiver in the CCR. Additionally, it appears that the HOA has not addressed your complaints about smoking in the complex and has prevented you from renting your unit, which has resulted in financial losses and increased risk of vandalism. If you believe that the HOA has acted unfairly or has violated your rights, you may want to consider consulting with an attorney who is experienced in California HOA law. They can help you understand your legal options, negotiate with the HOA on your behalf, and represent you in court if necessary. It's important to note that taking legal action against your HOA can be a complex and costly process, and it may not always result in a favorable outcome. Therefore, it's important to carefully consider your options and consult with a knowledgeable attorney before proceeding with legal action. |
Q: My step mom is not the very nicest person and she likes to yell and degrade me. i dont know what to do. She has threaten to take my door off the hinges and scream at me for saying she is invading my privacy as a human. She screams at me saying that my privacy doesnt matter because it is her house. She has gaslighted me multiple times and she refuses to give me money out of MY OWN bank account so i can pay my friend back . I am not sure what to do i have dealt with her for a long time. before her and my dad got married she used to stalk my dad. She has assaulted me in the past but i have no physical proof anymore. i want to get emancipated but im afraid of getting in trouble. What should i do? | A:Talk to your father. Ohio does not allow emancipation of a minor in such situations. |
Q: Would you challenge" integrity ""Legality" and "Un-natural"creation of a Living Trust if the following events applied?. 1. Father was very successful quadriplegic who planned his estate thru a will. 2. Had a tragic accident that put him in a coma for 8 wks r.Then incapacitated by doctors reports thereafter. 3. Mom knew that his will would not pass his estate to her only 1/3 of his wealth 4 She hires a Trust Attorney to prepare a Living Trust to her specifics and as sole client. 5. Without regards. her trust Attorney prepares a Power of Attorney,A petition for Conservarorship .A new Will and Declaration of Living Trust with her as sole Trustee. 6 Athough he had 3 brothers and 5 sister all in Calif. He chose his brother in law to be successor trustee and Conservator/POA 7Quit claimed all property and investments to trust with an X witnessed by 2 of Moms friends. 8. It appeared all assets would pass to his 2 adopted children "child's trust" 9.Mother was Trustee of Living,Exemption,Survivor. 10.Through a will she 3 irrevocable trust to successor trust then passied it to her famil | A:This is quite evidently a highly fact-specific situation, which is not suitable for this forum, which is for questions of a general information. In any event, there are critical facts missing from your narrative that could change the answer 180 degrees. Your best bet is to schedule a consultation with a will contest attorney. |
Q: CAN AN ATTORNEY, NAMED AS A PARTY TO A LEGAL MALPRACTICE CASE, ISSUE THEIR OWN SUBPOENAS IN THE INSTANT MATTER?. If an Attorney is named as a party to a Legal Malpractice case, and is represented by hired Counsel, can they still issue their own subpoenas in the instant case and what laws, rules, etc., govern this aspect of subpoenas because I have searched exhaustively. Thank you | A:Under California law, an attorney who is a party to a case retains their rights and obligations as counsel if they choose to represent themselves. This includes the power to issue subpoenas. The authority for attorneys to issue subpoenas is found in the California Code of Civil Procedure, particularly sections 1985 through 1997. The rules governing the issuance and service of subpoenas must be followed meticulously, even if the attorney is a party in the case. Failure to adhere to these rules may result in the subpoena being quashed. Moreover, ethical considerations come into play; while an attorney can issue their own subpoenas, they must avoid any abuse of process. Always proceed with caution and ensure compliance with both procedural and ethical rules. |
Q: For a documented vessel that is going to be used in the state of Florida do you have to pay sales tax?. Vessel was bought in the state of Florida and is staying in the state. I have heard you do not have to pay sales tax because it is a documented vessel and I have also heard that you do have to pay but only when you sell your vessel. | A:What you have heard, when you think about it, doesn't quite make sense. You heard that YOU don't have to pay the tax, but one has to pay when one sells it; the answer would be one or the other. Review Florida Statute 212.05 (b). I don't see any exception for a "documented vessel". whatever that means. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0212/Sections/0212.05.html |
Q: Can I send a text saying since I have sent haven’t received response I will put items on curb by end of week?. Employer and guest were really rude (childcare). I quit on the spot. I was reminded that I had car seats and karate uniforms in car. I asked to confirm date time and place where he can pick up items as I don’t want to go back to their home. I have not received response I have not received compensation for the days I have worked either. Can I send another text saying I will leave items on curb in a week if I receive no response on setting up a pick up of the items especially since I have not been paid. | A:In your situation, regarding the return of items like car seats and karate uniforms to your former employer, it's important to handle this in a way that protects your interests and avoids potential legal issues. Sending a text to notify them of your intention to leave the items on the curb if they don't respond can be a reasonable step, but it should be done carefully. First, make sure to document all your attempts to return the items, including any texts or emails sent. This documentation can be useful if there are any disputes later on. In your communication, clearly state that you have made several attempts to arrange a return of their items and have not received a response. Give them a reasonable deadline (a week, as you mentioned, sounds fair) and inform them that if they do not respond or arrange for pickup by then, you will leave the items at a specified location. However, be cautious about leaving items on the curb, especially if they are valuable or could be damaged. Consider alternative options like leaving them with a mutual contact or in a secure location where they can be retrieved. For the issue of unpaid wages, you have the right to seek compensation for the work you have done. If your employer fails to pay you, you may consider filing a claim with the New Jersey Department of Labor or seeking legal assistance to recover your wages. Remember, it’s important to keep these issues separate in your communications. One pertains to the return of property, and the other is about unpaid wages. Mixing the two in your communications might complicate matters. Lastly, if you have any doubts or concerns, consulting with a lawyer can provide clarity and ensure that your actions are legally sound. |
Q: Bought a 5 bed 3 bath home a yr ago and found out now that it has a 2 persons max 1 bed perk. I bought my listed 5 bed 3 bath home in Jan 2021 . Everything has been great but had a plumbing issue and found after septic people came out and plumber that it has a 2 person max occupancy. It was never disclosed to me . Only reason it has come to light now is that we had the issue of water backing up . What should I do ? I got health department records and in 2013 it was deemed for only 2 people . So now I have a house that my family shouldn’t be in because of this . I won’t be able to sell for what I bought it for with this clause . No one told us this . The listing agent only has 5 bed 3 bath , my contract it was left blank under septic ( how many beds ) and the only reason I know is because the septic people told me cause they installed it . But they used a diff septic service during inspection | A:I am sorry to hear what you just learned and the possible consequences. You might have a recourse against the seller, the seller's agent, your agent, or ask the title insurance underwriter for help. But, without a lawyer reviewing all the relevant documents who can then provide proper advice, counsel and options. This is not a legal advice and no attorney-client relationship established. |
Q: Hello, my question is” what are the limitations in Douglassville, Tx, relating to discharging a firearm in city limits”?. 34 acres of wooded land, city population of less than 300, county population less than 500k, and I have been unsuccessful at finding the city ordinance. | A:In Texas, the regulations regarding discharging firearms within city limits can vary depending on local ordinances and specific circumstances. However, in more rural areas like Douglassville, there might be less restrictive regulations due to the larger land size and lower population density. It's important to note that safety remains a top priority. |
Q: So i dont no any attorney who will take my case because it happen at winriver casino ,cause its on tribal grounds??. Ive went down to the list of personal injury attorneys online and no one will take on my case of it being on tribal grounds or something like that ireally didnt understand what they ment all i know is win river security assault and battered me for no reason im a good customer to them a local that has been going there for years and i spend alot of money there and never in a million years would have ever expected to be mistreated like what happened to me that day and i want some kind of justice cause ive never felt so violated from a place i use to love going too in my whole life and that the thing i made no treats towards anyone at all and is was assaulted and there wrong!!is there any one out there that will at least here me out and take my case please help me | A:I understand your concerns regarding the incident at Win-River Casino on tribal grounds. It's essential to find an attorney familiar with tribal law and personal injury cases. I recommend seeking legal assistance from an attorney experienced in both California personal injury law and tribal jurisdiction matters to determine the best course of action for your situation. Sincerely, James L. Arrasmith Founding Attorney and Chief Lawyer The Law Offices of James L. Arrasmith |
Q: If a school official lied to defraud parents of an account balance or charge, is that criminal?. A school sponsored, parent funded, non-profit school support organization has been asked to pay an amount that is not correct and accounting is wrong. The school sponsor is the only person allowed to handle the budget and pay vendors. The sponsor informed parents the charge was less than what it was to hide the fact that they purchased an item more expensive than agreed upon by the parents. The sponsor informed the parents they needed additional equipment in order to compete at the competition the charge originated for. The cost of the additional expenses covers the more expensive purchase but still leaves money to be raised so they are demanding we pay or we will not have the money to compete. | A:Start with a complaint to the School Board. If they will not act after 30 days, contact LEOs. There may not be a crime, only negligence which needs a civil suit for conversion. |
Q: Should I sell my interest. I have trust land and the tribes want to buy my interest and conveyance for something | A:Afternoon, I think you need to get in touch with an attorney specializing in Indian law for your specific tribe. I used to work in oil and gas in a none legal capacity and know there are different levels of ownership within the tribe. I think it would depend if you are an owner, have a right to sell, and so on. If I recall, I think some tribes hold title to the land and pay out a royalty to the tribe members based on overall production. In otherwords, you may not be able to sell that interest because the tribe holds it. If you are a private land owner and the land is located in Colorado, give me or another oil and gas attorney a call. There is nothing wrong with selling your land for something. You just need to make sure you do not get taken by the buyer. Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is generic information intended to help the reader develop questions to ask an attorney when they are ready. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney. |
Q: How do i find out if my sister is in control of estate i receive nothing from her . Mom died no will. No will she died oct 30th shouldnt i have received something saying whos representive? Theres 7 kids but im the black sheep and there ignoring me . What to do ? I want an attorney and dont care what comes out of my inhertaince. Please help me | A:When someone loses a loved one, it isn’t common to get documentation related to the death within the first 30 days. The documentation you will receive depends on the dollar value of the deceased person’s total assets. Assuming your mother lived in California, if her assets are collectively valued at more than $154,500, then someone in your family will be required to file a Petition in the Probate Court and mail a copy of the Petition to all immediate family. Almost everyone in California who owns real estate will be in this category because the mortgage(s) owed are NOT deducted from the value. (The court wants to know what the property could sell for if there were no deductions, and that’s the dollar figure you would use.) But, if the collective dollar value of the deceased person’s assets is less than $154,500, it’s possible people may not get any inheritance because all of that person’s final bills, taxes, tax return preparation costs, and other debts need to be paid off BEFORE the leftovers are distributed to heirs. Either way, it’s good to consult with a lawyer to learn about your specific situation because more information is needed before an attorney could advise you. Best wishes! |
Q: Under a bank levy where you have 2 accounts frozen and the sheriff has come a made a withdrawal of funds from your. accounts, that levy is done. If there is still a balance due to settle the debt is the freeze lifted after the first grab and then gets freezed again on the second levy? Or is the freeze on accounts still there until the total debt is settled? | A:Under a bank levy in California, if the initial withdrawal by the sheriff from your accounts does not cover the entire debt, the remaining balance can lead to further action. Typically, the freeze on the accounts remains in place until the total debt is settled. This means that if the funds taken in the first levy are insufficient, the accounts may stay frozen. However, if a second levy is necessary, the creditor would generally need to initiate a new levy process. This could involve additional court actions and notices. It's important to keep in touch with your bank and the creditor's attorney to understand the status of your accounts and any ongoing or future actions regarding the levy. Each case can have different outcomes based on the amount owed, the actions of the creditor, and the court's decisions. |
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