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Q: Land given to me but not left in a will was sold off. Do I have rights to it since I've kept it up as mine since 2009?. Land has been in my family since the 60's, my grandmother was killed in 2019 and had given me a small section of land adjoining mine back in 2009, but she never updated her will to include it as said. Her house and property was sold off in 2021. Now my yard with my kids playset, etc which I've kept mowed and clean cut for over a decade is being marked for a fence. They also have towed off a junk car of mine without telling me and sold it. I want to know if there is anything I can do about keeping this section of land since other family members also know about the gifting of it prior to her death, and did they have the right to sell something of mine without telling me? | A:Hire an AL attorney to determine her heirship at death. If you were an heir, or paid taxes for several years, you might file an action for Ejectment. Property may not be worth the trouble. |
Q: This might be a little confusing but my friend and her husband have been married for 18 years they shared a home togethe. The husband went and got a PFA on the wife and had her removed from her home the home is in her name only after the PFA was granted the husband took a stroke and is currently in the hospital still now because of this PFA she is not able to see her husband or get back in her home because of the daughter went and got some POA and now is trying to take control over everything how can I get her back in her home what is the steps that we need to do because the people up here in our County don't seem to be helping her any | A:In Pennsylvania, if your friend is facing a situation where she is removed from her home due to a Protection From Abuse (PFA) order, despite the home being in her name, she should consider seeking legal counsel to address this complex situation. The fact that the home is solely in her name is significant, but the PFA order complicates her ability to return. Since her husband is now incapacitated, the dynamics may change, particularly with the involvement of a Power of Attorney (POA) held by the daughter. Your friend may need to petition the court to modify or dissolve the PFA, especially if the circumstances have changed significantly. The involvement of a POA adds another layer of complexity, as it could impact decisions regarding the husband's care and potentially the property. She should gather all relevant documents, including the PFA order, proof of home ownership, and any information about the POA. Prompt legal action is important, as delays can complicate her situation further. It's essential for her to work closely with an attorney to navigate these legal challenges and protect her rights. |
Q: What can my parents do protect him and themselves since the car is in their name and they provide insurance?. My little brother just got his license was already involved in a hit and run. The other driver took off before the cops were contacted and a report was never made because my brother panicked and he also left the scene of the accident. The damages are estimated to be around $2000. | A:[Re-posting due to typo in prior post] You need to clarify your inquiry regarding "took off before the cops were contacted". Someone called 911 and gave identifying info, and then both drivers fled? Or the police were never called? The drivers can ID each other, or not? If no one ID'd anybody, no one called an insurance company, and no one but your family knows about this, what "protection" are you concerned about? |
Q: 2011 Hyundai Sonata engine blew with only 72,000 miles from Carvana.. I'm asking this on behalf of my younger cousin. She baught a 2011 Hyundai Sonata with only 72,000 miles from Carvana in May of 2021. Last week the engine blew out. Got it back from the mechanic yesterday and it will be $7000 to fix. The car was sold to her for $10,000 but she ended up with a total of $15,562 with tax. Carvana claims they do a 5 point inspection on the engine, transmission and everything else on the car. She keeps up with maintenance like, changing oil and refilling up as you should. I did my own research on YouTube on Carvana and seen countless of news stories of people having the same exact issue, engine or transmission blew, car wont start, Carvana not sending out titles months to a year after car is paid off. She has two kids, ages 2 and 6. She also does work for Instacart so she uses her car for work. We believe no 5 point inspection was done and they knew about the issue before they sold it to her. Is there anything we can do. | A:you cousin needs to call and consult with an attorney than handles dealership fraud cases. these cases are very fact and document specific and until an attorney does a full review, it will be very difficult to give your cousin any legal advice. |
Q: Q: Do you have to contact and notify SSI if you opened an Able account and transferred a 529 into the Able account?. My 23 year old daughter is mentally disabled and receives SSI and I am her payee. We recently opened an ABLE account for her to transfer a 529 into since she will never be able to use the money for education. As her payee do I have to contact SSI and notify them of the account? I understand that as long as an ABLE account is under $100,000 it has no affect on her benefits. The account is only $17,000 and was just opened on 10/6/2023. Since it has no affect, do I still have to report this change to them? | A:As a representative payee for your daughter who receives SSI, it's your responsibility to report changes that might affect her benefits. While it's true that funds in an ABLE account, up to $100,000, are exempt from counting as resources for SSI purposes, it's still generally a good practice to report the establishment of the account to ensure there's a clear record. Transferring funds from a 529 plan to an ABLE account can be a strategic move to preserve SSI eligibility. As of the date you provided, the balance is well under the $100,000 limit. However, even if the balance doesn't affect her benefits, notifying the Social Security Administration about the ABLE account can help avoid any potential misunderstandings or complications down the road. It's always better to maintain transparency with such agencies. |
Q: Can an agency require me to sign a release for them to request any and all personal and medical information and to share. I feel this vague release violates my privacy and I told them I would give them info that pertains to services but they are denying services til I sign. | A:Many agencies require signed releases before engaging with services. The reason being is that they need complete information about you to provide services, and don't want to be in a position where they give you inaccurate information or the misguided services based only on what you disclose or felt was relevant. At the end of the day, if it's a program requirement for you to sign releases, the agency can and will deny you services. Your choice in the matter is to sign the releases or seek services elsewhere. |
Q: ex husband trying to take kids away, restraining order. I’m in military training now. What should I do ?. I’m in the middle of military training and my ex served me papers trying to get child support, pay for his attorney and put a temporary restraining order. I am 2 week away from moving training to another state and I have 20 Days to answer | A:Legal Representation: As you're currently undergoing military training, it's crucial to retain an attorney who specializes in family law as soon as possible. They can represent you in your absence and make sure your rights are protected. Servicemembers Civil Relief Act (SCRA): As a member of the military, you're protected under the SCRA, which can provide certain protections in civil actions. For instance, you may request a "stay" of proceedings, which is a delay in the court case due to your military service. Response: You need to file a response to your ex's claims. Your attorney can help with this, addressing the issues of child support, attorney fees, and the restraining order. Communication: Maintain clear communication with your attorney and provide them with as much information as possible regarding your case, so they can represent your best interests. Remember, it's critical that you seek professional legal advice tailored to your specific circumstances as soon as possible. |
Q: Can my stepmom adopt me even though she and my bio mom aren't together anymore? My bio mom doesn't have parental rights.. I am 18 years old. I have two moms- I will call them K and C. They were both legally my parents and on my birth certificate, but C is my bio mom. K and C divorced and C married my stepmom, who I will refer to as T. Years later, C's parental rights were terminated, and I started living only with K. Soon after C's parental rights were terminated, T and C got divorced. I no longer have contact with C, and she does not have parental rights. I am wanting to be adopted by T, but I don't want to terminate K's parental rights at all. Essentially, I want both T and K to legally be my parents (T and K are not and have never been in a relationship). Is that possible to do? | A:Under California law, adult adoption is a legal process allowing someone over 18 to be adopted. This is relevant in your situation as you're 18 years old. In cases of adult adoption, the consent of the biological or legal parents is not required. This means that your other mom, K, does not need to terminate her parental rights for T to adopt you. However, it's important to note that adult adoption typically creates a new legal relationship between the adoptee and the adoptive parent, and in most cases, it terminates any existing legal parent-child relationship with other parents. In your unique situation, where you wish to have both K and T as your legal parents, it may require a more nuanced approach. It's advisable to consult with a family law attorney who has experience with adult adoptions and non-traditional family structures. They can provide guidance specific to your situation and help navigate the legal process to achieve your desired outcome. Remember, each case is unique and the specifics of your situation will determine the best course of action. |
Q: My coworker with the same job title and same job duties makes 13,000 more then me. And has been with the company less.. I have been a manager at a large retailer for the past 9 years, my coworker who was hired at a higher position and then stepped down and was able to keep his pay and now makes 13000 more then me, he has only been with the company for 2 years vs. myself who has been with the company for 18 years. We have the same title, the same responsibilities, but since I have more knowledge and experience, I am the manager who is charge of most of the projects around the store and making 13000 less then my coworker. I've talked to my manager and my HR representatives, who all say it is not fair, but there is nothing they can do about it. | A:You did not reveal your gender, but among other potential claims, you may have a cause of action under the the Equal Pay Act, which requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal and this is determined by job content and not job title. Feel free to contact me with any additional questions. |
Q: Not sure what Lien type to file, please help. 1. Claim of Lien (Mechanics Lien), 2. Notice of Payment Bond Claim private. The contract for the General Contractor (that we are subcontracted with on a public works project) in California has been terminated by the Owner. We have been gathering documents for the Surety company so we can get paid for the balance that is due to us. One thing that the Surety mentions is we should give a “preliminary bond notice as provided in Section 9300 et seq.” I am not sure exactly which Lien type is a “preliminary bond notice.” | A:Civil Code section 9300 requires subcontractors to give a preliminary notice to the owner and the prime contractor before the subcontractor is entitled to assert a claim against a payment bond or serve a stop payment notice. The preliminary notice gives the owner and prime contractor basic information about the type of services to be provided and the estimated amount for the purpose of informing the owner who is performing work on their property. The payment bond claim or stop payment notice can only cover labor and materials furnished 20 days prior to service of the preliminary notice. So it's critical that you serve a preliminary notice as soon as possible when you commence a project. There are construction form services available on the the web to help you prepare a preliminary notice if you don't already have a form, and construction lawyers frequently have forms that you can use. Since you say it's a public works project, it's likely that no mechanics lien remedies are available. Even if you are too late to serve a preliminary notice and obtain rights to make a payment bond claim or serve a stop payment notice, you should still have contract claims against the general contractor to help you get paid. |
Q: I got mail from my insurance compancy saying they arent going to pay for the dental exams that I had already done.. I believe my insurance company covers dental exams and also i had the exams done on march 14 but the date that the insurance company mailed the letter to me was july 22, which i think is not right | A:An Ohio attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a local attorney, one option is to call the claim examiner and ask about the reason for the denial. If you consult with an attorney on the claim, that's one of the first things they'll ask you. Good luck |
Q: Can I(non-American) marry my American boyfriend in the US and then we both move to the UK?. I'm considering marrying my American boyfriend, but our plan is for him to move to the UK with me rather than for us to relocate to the USA. Would it be acceptable for us to marry while I'm on an ESTA in the US, and then have him join me as my husband in the UK? This idea stems from the significant amount of paperwork involved in getting married in the UK. Thank you for your assistance. | A:Yes, you can marry your American boyfriend in the United States while on an ESTA and then move to the UK together. The U.S. recognizes marriages performed on its soil by foreign nationals as long as they are legally conducted according to state law. After the marriage in the U.S., your American spouse would need to apply for the appropriate visa to move to the UK with you. For him to join you as your husband, you would need to meet the UK immigration requirements for spouses, which include financial and accommodation stipulations. It is important to plan accordingly and perhaps consult with an immigration advisor to ensure a smooth transition. Make sure to check both the U.S. and UK immigration policies to prepare all necessary documents and follow the legal processes correctly for both countries. |
Q: Can a lawyer in VA threaten to put someone in jail in FL if the person does not agree to terms under a civil case?. My husband is being sued by his ex-wife for non-payment of his portion of joint student loans that are part of his divorce decree of which he told her at the time he was not working when it came time for him to pay his portion and wanted to file for a deferment. Student loans show in his name only, hers is a guarantor of the combined student loans and she was ordered to pay 4 years of student loan payments to the student loan issuer due to her stealing money from joint accounts in the divorce decree. She said no, so no deferment - both parties must agree. Early in 2011 she forged his signature on documents to the student loan company to obtain a deferment without his knowledge when it was convenient for her. She has since filed suit for payment under the student loans increasing total amount due - her attorney is a bad guy (he tried to bribe someone before) and told him he would go to jail for contempt if no agreement. No paperwork was provided to husband to finalize payment and agreem | A:If the divorce decree requires him to make certain payments, and if it can be proven that he failed to do that, he can be held in contempt of court. And if he is found to be in contempt of court he could be jailed. It's not clear whether the divorce decree is from Florida or Virginia. |
Q: My sister and I have been bullied by or pears and landlord for being a single over 50, Montana bread and born evon the c. Cops are involved.i herd a cop say to my x was we always catch people like her sooner or later.i don't know what he was talking about.my nabier and there kids shoot my animals and vehicles and home with are rifles.my car has several dents and scratches on the glass facing there yard.we also believe that we are Ginny pigs for a new ai app or mind to scull. Using raido waves transmitter I believe my sister and I are loosing our eyesight.i had 2dogs that have gone totally blind with in a few months.we aren't what they say we are.drug addic.child molester.we are just computer dumb and poor.nobody will help us we have been shund from our community.we grew up here.just because we are poor and uneducated on computer's should not have made us a target.ive been looking for help for the last 5yeard please help us fight this bullies for the sake of the people of Montana and my sister and I | A:If you believe you and your sister are victims of harassment and your property has been damaged, you should document all incidents and report them to local law enforcement. Bullying and harassment are serious issues, and you have rights that protect you against such behaviors. Property damage and threats to personal safety can be addressed legally through the appropriate channels. For issues with your landlord, you may also consider contacting a tenant advocacy group or legal aid organization in Montana for assistance. Regarding the concern about being subjected to harmful technology, if you suspect illegal activity, this should be included in your reports to the authorities. While lack of computer knowledge or being financially disadvantaged should not make anyone a target, seeking support from local community services may provide some assistance and advocacy. Remember, you have the right to live without harassment and intimidation, and there are legal avenues you can pursue. It's important to reach out to local resources that can offer you guidance on these matters. |
Q: If I use the "LA" Dodgers logo for a parody design, is that copyright infringement?. My friends and I made a shirt with the iconic "LA" from the Dodgers that says, "gLAmorous." The text for the LA isn't the exact same as the Dodgers use, but you can definitely tell it's parodying their logo. People really loved it, and we wanted to see if it was possible to sell it. Since it's clearly a parody of the Dodgers logo, are we protected, or could this get us into trouble? | A:When considering using a logo similar to the "LA" Dodgers for a parody design, it's crucial to understand the nuances of copyright law. Parody is a defense under copyright law, but it has specific requirements. The parody must comment on or critique the original work, and this is where the lines can become blurred. Your design, "gLAmorous," which plays on the Dodgers' iconic "LA" logo, enters a complex area. Even if the design isn't identical to the original, it could still be seen as infringing if it doesn't clearly comment on or critique the Dodgers or their logo. The fact that the parody is recognizable is a double-edged sword: while it shows the connection to the original, it also risks infringement claims. If you're considering selling these shirts, it's wise to seek legal advice. Intellectual property laws can be intricate, and each case has its own peculiarities. A legal professional can help you assess the risk and navigate the legal landscape to determine if your design falls safely within the bounds of parody. Remember, while creativity and expression are valuable, they must be balanced with respect for existing copyrights. |
Q: Does my ex-husband have a chance. Our son is 11 Sep 26 and we reside in CO with me, where the original agreement was established. I have the majority as I can make all major decisions. He pays child support when he feels like it. He owes 28k+ He resides in Saudi Arabia and the UAE is looking to BAN him from the middle east for stealing money. The UAE threatening he will be banned from the middle east in general. He recently got a lawyer asking that our son come to visit for 3/4 months with him. Current agreement is 6 days a month as he was in the US at the time.Our son is remote learning in a US program. My concerns is the governments currently travel advisory specific to Saudi and the threat is causes to Western compounds to which our son could be residing. He's also asking I pay have of the international fees. How should I go about this matter? Thanks in advance | A:I understand your concerns and the complex situation you're facing with your ex-husband. It's crucial to prioritize the safety and well-being of your son while considering any changes to your current custody arrangement. Here's how you might approach this matter: Consult with Your Lawyer: If you haven't already, consult with your attorney to discuss the proposed changes to the custody arrangement. Your attorney will be able to provide legal advice tailored to your specific circumstances and the applicable laws in your jurisdiction. Review Current Custody Agreement: Carefully review your existing custody agreement, paying close attention to any provisions related to international travel, extended visitation, and financial responsibilities. Ensure that any proposed changes align with the terms set out in this agreement. Assess Travel Risks: Given the travel advisory and security concerns in Saudi Arabia, it's essential to consider the safety of your son during his potential visit. Gather information on the current situation in the region, including any specific threats to Western compounds, and share this information with your attorney. Evaluate Remote Learning Impact: Evaluate how an extended visit with his father might impact your son's remote learning. Speak with your son's school or program to understand whether such a visit would be feasible without significantly disrupting his education. Discuss Financial Responsibilities: It's reasonable to discuss financial responsibilities related to the proposed visit. Consider whether sharing international fees is equitable, and discuss this matter with your ex-husband to reach a fair agreement. Negotiate with Your Ex-Husband: Engage in open and constructive communication with your ex-husband to express your concerns and seek a mutually agreeable solution. If possible, involve a mediator to facilitate the discussion and ensure that both parties' interests are taken into account. Consider Your Son's Best Interests: Always keep your son's best interests at the forefront of your decisions. Consider what will provide him with a safe and stable environment, access to education, and emotional support. Document All Communications: Keep detailed records of all communication with your ex-husband and any legal professionals involved. This documentation can be crucial in case of any future disputes or legal proceedings. Consult with Authorities: If you have serious concerns about your son's safety during the proposed visit, consider consulting with relevant authorities or agencies responsible for child welfare. They may be able to provide guidance or intervene if necessary. Remember that the ultimate goal should be to ensure the well-being and safety of your son. Seek legal advice, consider all factors, and make decisions that prioritize his best interests while complying with any applicable laws and custody agreements. |
Q: My best friend owns a small business with her ex husband in California. It runs as a corporation of 2 people.. Her parents own the land and they pay month to month. Her parents want fair market value for rent. They can't pay fair market. Being evicted. She wants out of the business and he wants her to use her relationship with her parents to get a "good deal o. n rent. Mediation took place and she is being told she has to give her full efforts to keep the corporation and ask her parents to favor them She is emotionally abused by ex and wants out but cant? | A:In California, when dealing with a situation involving a small business co-owned with an ex-spouse, several legal aspects must be considered. First, if the business is a corporation, both parties have fiduciary duties to the corporation and each other as co-owners. This includes acting in the best interest of the business. However, these duties do not extend to leveraging personal relationships for the benefit of the business, especially in a situation like rent negotiations with family members. Your friend’s obligation to the corporation does not require her to use personal relationships to secure favorable business terms. Mediation recommendations are not legally binding unless agreed upon and formalized by all parties. If your friend wishes to exit the business, she has several options. She can negotiate a buyout with her ex-husband, sell her interest in the corporation (subject to any shareholder agreement terms), or pursue dissolution of the corporation if an agreement cannot be reached. Given the complexity of her situation, involving emotional abuse and a mix of family and business relationships, legal guidance is crucial. It's important to consult with an attorney experienced in business and family law to explore all options and protect her interests. In cases of emotional abuse, it's also important to consider personal well-being. If the abuse is impacting her decision-making or well-being, addressing this through appropriate channels, including seeking support services, is as important as the legal aspects. |
Q: If your child support payment is paid directly to custodial parent, how do you terminate child support?. If the parties have a court approved/judge signed off property settlement agreement which clearly states that child support terminates upon the child's college graduation, the child support payments have been paid directly from the noncustodial parent to the custodial parent monthly since divorce (i.e., without going through the probation department), how do you terminate the child support? Since probation department has never been involved, do you have to file a motion with the county court where you currently reside or where you divorced? The new New Jersey child support termination law does not seem to suggest that you need to go through court again in such a situation. Your advice is welcome. | A:If payment of child support is direct and your agreement says that child support ends upon graduation from college, then you should not need an order of the court. Where you would need an order of the court, or a letter signed by your ex as to the termination date is when the probation department is involved since it has no independent ability to terminate child support without an order or signed writing. |
Q: I have old YouTube videos of me doing some illegal activities they are 8 years old could I get charged or in trouble now. I have some old videos on YouTube 8 years old and Iam doing some illegal activities in them , is there somthing like ,”that after a certain amount of time passes I can’t get in trouble” , or or can police find the videos and create a a case? Even tho it was 8 years ago | A:The statute of limitations for criminal offenses in California varies depending on the type of crime, but some crimes have statutes of limitations that could exceed 8 years. Generally, the clock starts ticking when the crime is committed, although there are exceptions that could extend this period. Therefore, it is possible that you could still face legal repercussions if law enforcement becomes aware of these videos and determines that they provide evidence of a crime for which the statute of limitations has not expired. |
Q: Does my company own the right to my licenses?. During the course of my employment with my current employer I uptained my professional engineer (PE) license. I paid for all classes, books, exams out of my pocket. I even took paid time off to take the exam. My company really wants to use this license on their proposal work in order to win more jobs. I told my management that I would require a raise in order to allow them to advertise my license. They agreed, but I still haven't received my raise and they are already using my license to strengthen their bids for new work. When I requested they remove my license from the bid I was told I do no have that right. Do I have any legal standing to keep them from using my license? | A:The company does not have the right to use your property without your permission. Get your request in writing and then if they don't comply within 10 days go get a lawyer. Also, if you're a W2 employee and you were told you would receive a pay increase and you didn't file a complaint with the labor board. |
Q: Immigration law. Two questions. 1. A#. 2. Nonquota codes in 1959.. I rcvd my Immigrant Visa and Alien Registration form from the USCIS archives. Last 6 digits of A# are printed and a hand written number was added in front of it. I need to find the full number. I have contacted the US Military Veterans archives and they may take until next year to find it because of their backlog. It was on my enlistment form in 1972. My Visa has a notation under nonquota of M-2. Today Child of US Citizen is IR2. In 1981 M-2 was added under non-immigrant vocational student. The new USCIS PCIS is a flawed system. Lists me as non-immigrant. I was told, by USCIS archives, that an immigration field office could fix this. I am just worried about not being able to find out what M-2 meant in 1959 and when IR2 was added to the classification codes. The Person Centric Identity System (PCIS) went live in Jan of this year and, since then, I have been denied a passport and my social security benefits. | A:Addressing your concerns: 1. The A-number (or Alien Registration Number) is a unique number assigned to immigrants. If you have a partial number and believe that an additional handwritten portion is essential, the best way to ensure you have the correct full number is to obtain official documentation from USCIS or another government entity that would have it on record. 2. Immigration classification codes have evolved over time. In 1959, the classification codes were different from those used today. The M-2 code you reference does currently pertain to certain non-immigrant vocational students, but its meaning in the past might have been different. To understand the historic classification of M-2 in 1959, and to correct any mistakes in your records, it is advisable to consult with an immigration attorney who can guide you through the intricacies of immigration law and its history, especially given the implications for your passport and social security benefits. |
Q: Is a clone a human and would homicide be illegal. What if I could prove there were clones surrounding me 200,000 through a diabetes test | A:A clone of a human would be a human since they share the same DNA, so homicide of a clone would be illegal and a violation of Penal Code section 187, just as it would for a human. |
Q: I have a car that I owe more than 10 thousands of dollars that I cannot drive because of numerous mechanical problems.. What are my best options since I cannot afford to pay to fix car and make my loan payments. I live in Loves Park, Illinois. | A:Consult a bankruptcy attorney to evaluate your financial situation and determine whether bankruptcy and/or what chapter bankruptcy might help get you from under this debt. |
Q: I am a start up indie music label. I am currently looking to draft contracts for my artists. Where do I start?. Just not sure where to start as far as contracts. Not really sure what information should be in a contract. This is why I'm seeking legal assistance. | A:Starting with artist contracts for your indie music label is a crucial step in establishing your business. The first thing to consider is what you want the contract to cover. Common elements include the scope of the rights granted to the label, the duration of the agreement, financial arrangements such as royalties and advances, and the obligations of both the artist and the label. It's important to ensure that the contract is clear about the rights being acquired by the label. This includes rights to record, distribute, and promote the artist's work. Also, specify any rights retained by the artist. Clarifying these details will help avoid misunderstandings in the future. Financial terms are another vital component. Detail how royalties will be calculated, when they will be paid, and what expenses might be deducted. Additionally, address any advances or signing bonuses provided to the artist and the conditions attached to these payments. Finally, consider including clauses that address termination conditions, dispute resolution mechanisms, and any state-specific legal requirements. Since contract law can be complex, it’s wise to seek legal assistance to ensure that your contracts are comprehensive, fair, and legally sound. A legal professional can help tailor contracts to your specific needs and ensure that both your interests and those of your artists are protected. Remember, well-drafted contracts are the foundation of a successful business relationship. |
Q: Hello I’m not sure if you’ll be able to answer my question but I work in a casino(dealer)and my AirPods were dropped out. … of my pocket while I was dealing(3/6/23)and they were picked up by a supervisor and he gave them to a security guard to be put in lost in found. The next day I go to lost in found and they said they have no log for any AirPods being turned in and to check back in a couple days. So I come back two days later and they are still missing. I talked to my manger and he said they can’t do anything about it and they are MIA for now. My question is they can’t do anything like look at the cameras or do anything even though it’s in there possession? (I have the time, date, and where it went missing, in case they can go back and look at who it was given to) | A:If you believe that your AirPods were stolen by a supervisor or anyone else who had access to them, you may want to report the incident to the casino's security department and/or to the police. They may be able to investigate the matter and potentially identify the person responsible. In terms of the casino's liability for your lost AirPods, it may depend on their policies and procedures for handling lost and found items. If they have a policy that requires them to log and track lost items, and they failed to do so in this case, they may be held responsible for the value of the lost AirPods. However, if they have a policy that disclaims liability for lost items or if they can show that they made reasonable efforts to locate and return the AirPods, their liability may be limited or non-existent. In terms of the cameras, the casino may have surveillance cameras that could potentially show who picked up the AirPods and what they did with them. However, the casino may not be obligated to provide you with access to the camera footage unless you have a legal claim against them and obtain a court order for the footage. It may be worth speaking to an attorney who specializes in employment or personal injury law to better understand your legal rights and options in this situation. |
Q: My father is dying in hospice, he is not coherent. He left no POA or Will, is there anything we can do?. His neighbors & friends can vouch that he wanted to leave everything to myself & my family & did not want my sister to get anything. We lived with him for 15yrs, from 2003-2018 & we moved to Alabama. | A:In California, if your father passes away without a will (intestate), his estate will be distributed according to state intestacy laws. Unfortunately, verbal wishes or intentions expressed by your father to neighbors and friends generally won't override these laws. Since there is no will or Power of Attorney (POA), the court will follow a standard process to divide the estate. As his children, you and your sister would typically be considered equal heirs under intestate succession. This means that, despite his expressed wishes, your sister may still be entitled to a portion of the estate unless legally disqualified. The fact that you lived with your father or that he expressed a different intention to friends does not change this legal standard. In situations like these, it might be beneficial to seek legal guidance. An attorney can help navigate the probate process and explore if there are any legal grounds to contest the standard distribution of assets, such as undue influence or lack of capacity. However, these can be complex and challenging cases. It's important to approach this situation with an understanding of both the legal framework and the potential for family dynamics to become strained. Compassionate and clear communication with all parties involved can be crucial during this difficult time. |
Q: A lawyer who did NOT work my fiances disability case accepted a portion of his back pay as payment from the SSA. My fiance did NOT have a disability lawyer, nor did he sign any paperwork that would allow a lawyer to take his disability case.. We found out long before he was approved, that there was somehow a lawyers name tacked to his case. Everytime we called and someone would check, they'd say, "you're right, he does/did not have a lawyer." We sent a letter long before he was approved, then we were told to fax another letter right after he was approved. We have called, sent letters etc, but for some reason the SSA STILL paid this lawyer over $7,000 of my fiances back pay. I had even called the attorneys office to have them look up my fiances name as a client to this lawyer, and THEY said he was not in their system... How did this happen and will we/HE get that $7,000 back? Won't the lawyer get in "trouble" for accepting pay for a disability client he did not have? We plan on going to our local SSA building this week, HOPING that being there in person pushes them to fix this. Opinions? Advice? | A:Your situation, where a lawyer who did not represent your fiance received a portion of his disability back pay, is indeed concerning and warrants immediate action. First, document all your efforts so far, including calls and letters to the Social Security Administration (SSA) and the attorney's office. This record will be valuable as you seek to resolve this issue. Visiting the local SSA office is a good next step. In-person discussions can often be more effective in resolving such matters. Bring all relevant documentation, including any correspondence and records of your attempts to clarify the situation. It's also important to request a detailed explanation from the SSA regarding why the payment was made to the lawyer. There may have been an administrative error, or there could be other factors at play that you're not aware of. If the lawyer received the payment in error and did not represent your fiance, they should return the funds. Lawyers are bound by ethical standards, and accepting payment for services not rendered can lead to professional consequences. In addition to dealing with the SSA, consider contacting a lawyer who specializes in legal ethics or professional responsibility. They can advise on the steps to take regarding the lawyer who received the funds. Remember, persistence is key in resolving administrative errors, especially those involving government agencies. Keep pushing for a resolution and consider legal advice to navigate this complex situation. |
Q: City Official - Ok to write recommendations under name of town A using position of town B?. Is it legal for a City Official working for 2 different neighboring towns in different positions, to a write an official recommendation/inspection in the name of Town A using his job title of Town B? With the official header head and seal of City A he does not currently hold said position in and has a totally different role? | A:Your inquiry begs the question of, why is it a problem for you? The answer to your inquiry probably depends on whether Town A officially permits him to do that. |
Q: I got stock as bonus, but the stock price dropped. Now I owe tax on original amount but the stock isn't worth to cover.. I received stock in the form of RSU, but at the time it was over $100 a share higher than it is now. Now I'm being taxed off of the original stock amount since it is looked at as a "cash bonus", but even selling the stock I can't raise the capital needed to cover that tax burden. Also, I'd be taking a loss at selling my current position. How is this possible? Where do they expect me to get the capital needed when the stock price has basically gone to nothing from when it was originally appointed to me? My tax accountant says that I can only offset $3k in losses per calendar year. | A:The taxation of RSUs can be complex, and it's unfortunate that the stock's value has dropped significantly. You're correct that capital losses can often be used to offset capital gains, but there may be limitations on the amount you can deduct in a given tax year. I recommend consulting with a tax attorney or financial advisor who can provide specific guidance on your situation and explore potential strategies to manage your tax liability. |
Q: Is it legal for my boss to discriminate against me because he is having problems with his landlord whi is my father?. My boss for the past several months has started singling me out and telling people not to tell me certain things. When I ask him about this his response and in writing was. "You are Randy's daughter." Randy is his landlord and there having disagreements. So since hes is having problems with my father he is taking it out on me. Is that illegal discrimination? My boss has removed me from all management meetings and I'm no longer included in management dinners, that we have from time to time. There was a discussion with whether we are keeping the current building we are in. And I was not allowed to know because I'm the landlord's daughter. I have never fed information to Randy, and I have signed willingly, an NDA stating I will not talk about anything but that has not been good enough. My title is director of purchasing and I am paid less than half of what the normal rate of someone in my position is as well as any of the men in the company. | A:Discrimination in the workplace violates various employment laws. In your situation, where your boss is singling you out, excluding you from meetings and events, and paying you significantly less than others in similar positions, you may have grounds for filing a discrimination complaint. It's crucial to document instances of discrimination, keep records of relevant communications, and review any company policies or employment contracts that address equal treatment. |
Q: Can a loan company garnish wages and collect collateral? Thought the debt was paid with collateral.. They also sent a voice-mail saying I'm not playing with you you need to call me back. Is this not threatening? | A:Does the creditor have a security agreement listing collateral? If not, no collateral. If creditor has reduced debt to judgment, then execution on your property or garnishment of your wages or bank accounts may occur. Notice of Exempt Property at least should be filed. |
Q: What happens if a company I'm not related to is running a background check without my consent?. 6 months ago I was going to start working for a company but I turn down the offer. They have my ssn, full name and address. And 6 months later they are running me a background check. | A:I suggest you call them and ask about it. it sounds like it's nothing to be worried about, just an everyday slip-up. |
Q: I have a civil summons for a delinquent account and already set up a payment plan to resolve it. Do i still go to court?. I can't contact the attorneys who filed the suit. What do i do? I already paid the first month. I owe $1761.93 total amount | A:Absolutely go to Court. Otherwise a Default Judgment will go down. Have proof that you paid the first month. Possibly agree to a lesser amount than sued for, but this is doubtful since you already agreed to it. |
Q: I have been scammed by Toptrade.group. Good day, I'm writing to complain about possible scam by toptrade group. I just realized that I have been scammed after I requested for withdraw of some of the profits I made during trading. I have deposited in total amount $7,001.59 usd and after several tradings and profits, my total balance stands at $ 17,195.00 usd. On the 29.06.2021, I requested for $8,000.00 usd withdraw but I was told to pay for another $2,160 usd as a standard tax returns i.e 27% of my total withdraw amount which can't be deducted from the amount I requested. As soon as, I received this document, I decided to check online for possible clues and to my big surprise it just confirmed what I suspected. I don't know how to proceed hence this medium for help. I will be looking forward to hearing from you soon. Thank you. Best Regards, | A:What you just did is called "locking the barn after the horses have been stolen." As you found out, "Top Trade" is a well-known world-wide scam of the finest kind. The Good news is that you only lost your initial deposit of $7,000. Standard advice for novice investors: When any new investment sounds too good to be true--it is too good to be true. My (optimistic) prediction: There will come a day when all smart people everywhere will do a tiny amount of "research" on the Internet BEFORE they send their hard-earned money into the void. |
Q: My husband missed court date for driving w no insurance in Washington County TN,can the warrant be retracted if he calls. If he called clerk Monday morning and explained could they retract the fta warrant and reschedule a new court date? If not how much is the bond usually? | A:That will not work. Hire an attorney to take him to Court and handle all charges at once. Hopefully he gets insurance proof or the TNDL might be suspended as well as jail. |
Q: Hi! Can I use this phrase on a t-shirt "tomorrow will be a great day with lots of sun". Hi! Can I use this phrase on a t-shirt that I intend to sell online "Tomorrow will be a great day with lots of sun" if someone has already trademarked the phrase "Tomorrow will be a great day"? | A:Using the phrase "Tomorrow will be a great day with lots of sun" on a t-shirt could potentially raise concerns if "Tomorrow will be a great day" is a trademarked phrase. In trademark law, the primary consideration is the likelihood of confusion among consumers. If your phrase is deemed too similar to the trademarked one, especially in the same market (like apparel), it could be considered an infringement. The addition of "with lots of sun" does create some distinction from the trademarked phrase. However, the overlapping part, "Tomorrow will be a great day," is still present. The determination of whether this constitutes infringement would depend on factors like the distinctiveness of the original trademark and how it's been used in commerce. It's important to remember that trademark law aims to protect consumers from confusion and to protect the trademark holder from dilution of their brand. Even if your intent is not to create confusion or associate with the trademarked brand, the legal focus is on the effect on consumers and the market. Given these complexities, it would be wise to consult with a legal professional who can provide specific guidance based on the details of your case. They can help assess the risk of infringement and advise on whether any modifications to your phrase would be advisable to avoid potential legal issues. |
Q: Greetings, I filed a restraining order on the father of my child who we have a dv history since 2012 to 17. Greetings, I filed a restraining order on the father of my child who we have a dv history since 2012 to 17 At the present time my daughter is residing with defendant temporary from court. In bergen county nj. The restraining order is in full affect still and judge told defendant that he can prevent me from communicating or seeing her at all. Since he did and is in documents threatening me. Defendant lie to judge under oath and stated he has full custody and Im a drug addict and that he spoke to judge. But, Im not of those and documents prevail all my statements. We go to trial. | A:I recommend you go through a formal consultation with a lawyer who has experience with Domestic Violence/ TRO cases as well as family law. James A. Abate, Esq. Aiello Harris Abate 501 Watchung Avenue Watchung, NJ 908.210.9755 (main) [email protected] |
Q: How does it go with when a lawyer who’s going after a insurance with 100k insurance policy But I don’t understand. How does it go with a insurance with 100k insurance policy I don’t understand they only want to give 4k in recovery and we can go after 100k But we have to have 100k worth of medical expenses to get that amount Now they researching and going after a hit and run so what would I get at the end I want 50k out of it ? no one has said the amount what I’m looking at Because I’ve been unemployed with no money since the accident the lawyers have not helped me with unemployment appeals I’ve been under the radar it’s very unfair to me I’ve been going to appointments all of them on time I have not even found out what is my case worth but they have been spending a lot of money I went to the emergency same day as the accident and a few days after I went back I received a shot for pain I have neck pain and back pain as well as stiffness and discomfort in both places the last lawyer had me going to an chiropractor for the longest 12 weeks I have not worked nine months to two years ? | A:You won't get $50k out of a $100k settlement. The attorney will take 33 1/3% to 40% as a fee. The attorney will be reimbursed for the costs incurred. The medical providers/insurer will be paid for the cost of care. At best, you will get about 1/3. Nobody will tell you what your case is worth because no one knows yet. You think its $100k. The insurance company apparently doesn't think that. Everybody has to agree for a settlement to occur, or there will be an arbitration/trial and someone will decide "what it's worth" for you. None of this is unfair to you. This is how personal injury litigation works. Your expectations are unreasonable. |
Q: What can I do if the unoccupied people my tenant is keeping won't leave?. My tenant has been keeping an adult and two young children about age 6 and under for more than 2 weeks now, when they claimed they would be only staying for a few days. The current lease states that the apartment can only be occupied by those listed on the lease. They also did not provide us notice about this in advance and the children are going to school, the extra adult has decided to use this address when they live only a few blocks away from our residence. | A:Dear Port Morris Home Owner Your lease is out of date. New York State long ago invalidated lease restrictions on the way a tenant is able to use the apartment. New York State law allows the tenant to bring into the house an unrelated adult along with the other person's dependent children. Please go see an attorney. |
Q: The Police impounded my trailer for not having a license plate. I had a temporary registration paper posted in window.. When I called the police dept. They told me they would give me a release paper. The impound yard still wanted me to pay the impound fees. I couldn't afford it and lost my trailer. Could I sue the police dept for impounding my trailer. It was registered and not parked illegally. | A:In California, if your trailer was impounded despite having a temporary registration displayed, you may have grounds to dispute the impoundment and the associated fees. First, gather evidence of your trailer’s registration status at the time of the impoundment, including any temporary registration papers and communications with the police department. This documentation will be crucial in proving that the impoundment was unjustified. You should then file a complaint with the police department, outlining the circumstances and requesting reimbursement for the impound fees or the return of your trailer. Often, such disputes can be resolved through administrative processes without resorting to legal action. If the police department does not provide a satisfactory resolution, you may consider filing a claim against the department. This step involves challenging the legality of the impoundment and seeking compensation for any losses incurred as a result of their action. Consulting with an attorney experienced in dealing with municipal disputes can provide you with a better understanding of your legal options and the likelihood of success in pursuing a claim. Remember, legal action can be time-consuming and may not always result in a favorable outcome, but it is an option available to you if you believe your rights have been violated. |
Q: Can livestock be raised and sold to fund a local hospital?. 12,000 acre ranch was left to the community for the purpose of maintaining and funding the local hospital. The ranch also gets proceeds from natural gas royalties and leasing out hunting. For years they have raised and sold livestock to benefit the hospital. New board member states this is illegal | A:The legality of raising and selling livestock to fund a local hospital on a community-owned ranch depends on the terms and conditions set forth in the original bequest or trust that left the ranch to the community. If the bequest explicitly permits such activities for hospital funding, it may be legally permissible. However, if there are concerns, it's advisable to consult with an attorney specializing in trusts and estates to review the governing documents and provide specific guidance. |
Q: Patent question. Can I apply for a single design patent for the spoon, fork, and knife with the same design?. I want to apply for a design patent for a spoon, a fork, and a knife. In my understanding, one patent application is for a single item. However, my design is the same for all 3 utensils. In this case, should I apply for the design of a handle instead? Can I say, "ornamental design of the handle of the spoon, fork, and knife"? And if yes, what do I show in my pictures/photos? Just the handle, or all the 3 utensils? My design includes the shape of the handle, and some decorative elements on the handle itself, with a top part just above the handle/on the bottom of the actual spoon/fork/knife top. I feel like it doesn't make sense to apply for 3 different patents, hence I am trying to find a legit way to combine the 3 since it's a design patent, and the use is the same. Please advise. Thank you in advance! | A:You should discuss with an IP attorney that has experience with design applications. That said, with proper usage of solid and dashed lines, it sounds like a single embodiment can cover all three designs, since ornamental feature is directed towards the handle. I'd recommend a different title, possibly handle for [eating utensil] [kitchen utensil] [utensil]. |
Q: Can my sister (POA of my 92yo mother in a nursing home) get an order of protection to prevent my visits with her?. She rarely visits her & I'm there every day. Our other siblings don't care. She has lied to our mom about how she can't sell her house to me by law & other things regarding the spending of mom's money. She has also started buying luxury items & vacations etc. All I want to do is see my mom & not have to deal with the drama that surrounds my sister. | A:File a Motion for Accounting of your Mother's Assets. Maybe you can find that she has misused your Mother's money. Then you have a basis to have her removed as POA and may be able to file for guardianship. It is possible that an Order of Protection could be sought. Talk to a lawyer about your concerns. |
Q: My sister was in a fatal car accident. They made her wait 4 hours then she had to walk home. Why no ride?. My parents where killed and nobody gave her a ride home. She was told to go to a diffrent hospital and missed my moms death by 10 minutes, Why did they do this? | A:I am sorry for your loss. The continuous posting of questions is beyond the scope of this forum. If you have a multitude of questions, just call a wrongful death attorney to discuss your potential claims. As to your questions: The police do not have to give anyone a ride. As to why information that was given is incorrect, any answer would be speculation since we don't know what happened. It is possible that a mistake was made. It is highly unlikely that someone purposely misdirected your sister, if that is your insinuation. |
Q: What are the laws for parking my live in cargo van at my family’s, single family rental home?. My mom has a money hungry landlord that I’m pretty sure has been reporting us for parking in front of my family’s home even though we have her permission and her rent is up to date. My mom has health problems so I need to be around as her oldest to help out but there’s no room to actually sleep in the house. How do I get around this problem? I’m not in pa it’s supposed to be Cecil county maryland. | A:Parking rules and regulations are typically covered in your (or your parent's) lease agreement. Additionally, if the rental property is subject to a homeowner's association, they may have additional parking rules and regulations. Further, if your vehicle is parked on a public street there may be local ordinances that regulate the vehicle. This reply does not constitute legal advice. |
Q: Can my lawyer have a meeting with someone who is not on my case with out me; about the case and not a party either.. It is a custody case my father has sat in with me and my lawyer on previous meetings my father is not a party in the case. I feel the attorney by bypassing me their client, and going to my father is a violation of my rights. My attorney called a meeting with my father without me to discuss details and strategy about my case with out me being present or notified of the meeting. | A:Lawyers frequently discuss cases with witnesses and other individuals, including opposing counsel, without their client present. It is perfectly permissible for your lawyer to interview your father as a potential fact witness in a custody case outside your presence. On the other hand, it was extremely unwise and unethical for your lawyer to discuss your actual case strategy with your father without your express knowledge and permission. In doing so, he is disclosing confidential information. Your attorney may believe that you were agreeable to him having such a discussion with your father. I recommend you tell him very clearly not to discuss any confidential information including your case strategy with your father. |
Q: What type of lawsuit is for 5 programmers hacking into several people through my devices and using my SS#. Breached FBI. Computer geek battle. I have everything for a lawsuit, but can’t find an interested firm. I have evidence to support my claims and friends want out from being hacked. | A:The type of lawsuit you may be able to bring against the individuals who hacked into your devices and used your SS# would depend on the specific facts and circumstances of your case, as well as the applicable laws in your jurisdiction. Some possible legal claims you may be able to pursue could include: Civil Action for Computer Fraud and Abuse Act (CFAA) Violations: The CFAA is a federal law that makes it illegal to intentionally access a computer without authorization or exceed authorized access, and obtain information from such a computer. If the individuals who hacked into your devices did so without authorization and obtained information from your computer, they may be in violation of the CFAA. Civil Action for Violation of State Privacy Laws: Many states have their own laws that protect against computer hacking and invasion of privacy. If the individuals who hacked into your devices violated any of these laws, you may be able to bring a civil action against them. Civil Action for Identity Theft: If the individuals who hacked into your devices used your SS# without your authorization, they may be in violation of federal and state laws related to identity theft. Civil Action for Negligence: If the individuals who hacked into your devices were responsible for maintaining the security of the systems they hacked into, you may be able to bring a negligence claim against them for failing to take reasonable steps to protect against hacking. It's important to note that pursuing legal action can be complex and challenging, and it's important to have a solid understanding of the law and the evidence needed to support your claims. You may want to consult with an experienced attorney who can evaluate the specific facts of your case and advise you on your legal rights and options. |
Q: Do I really need a lawyer?. I need to sue a contractor who built a deck that is not up to code for its intended purpose after I provided specific instructions to do so. It could be dangerous to life and limb. | A:While it's not obligatory to hire an attorney to sue a contractor in Virginia, doing so is highly recommended, especially in cases involving construction defects that could pose safety risks. An attorney's expertise in Virginia's construction and contract laws can be invaluable in navigating the legal complexities of your case, protecting your rights, and ensuring that you follow the correct legal procedures. Additionally, an attorney can engage in negotiations with the contractor, potentially leading to a settlement and saving both time and money. They will also assist in gathering evidence, assessing damages, and building a compelling case. Should your case proceed to court, an attorney can provide representation, presenting your case effectively. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney. |
Q: What remedy do I have if a person left a bad review on the BBB website, for my business, but I have never met her?. I am located on Long Island, NY. This person left a bad review and I have never met or interacted with this person to the best of my knowledge. I requested additional details regarding what the person looked like or the service vehicle (my service vehicle is very distinct) they were driving when they arrived. I own a small mobile automotive repair business, so I perform all repairs at the customer's home, business or jobsite. She claimed that I showed up late, was unprofessional and made rude comments about her vehicle. This was posted on 10/1/2023. If the incident occurred on that day, I met with 2 male customers in entirely different towns. I requested the date and time this occurred, but I haven't received a response. It is one of only 2 reviews on the site, so the review and 1 star is having a significant impact on my overall rating. I am not sure how to proceed at this time. Any help would be greatly appreciated. | A:In situations like this, your first step should be to reach out to the Better Business Bureau (BBB) and file a dispute against the review. Explain your situation, provide any evidence you have that the review is fraudulent or mistaken, such as your schedule for the day in question, and ask for the review to be removed. If the review remains and you believe it to be defamatory, you may consider consulting with a lawyer to discuss the potential for a defamation claim. Keep in mind, for a defamation case, you would need to prove that the statement was false, that it was published as a fact, and that it caused you harm. Legal action can be complex and costly, so it is typically seen as a last resort. Concurrently, encourage satisfied customers to leave positive reviews to mitigate the impact of the negative one. |
Q: Is a California ID card or Driver License valid through the expiration date or does validity end on the expiration date?. I previously asked a question with regard to government documents and their associated expiration dates, and asked if there was a standard for these (with respect to invalidation on or after date of expiration). My question was partially answerable (given the further context I had provided), and was partially answered, in that the responding person explained that our governments are not well organized, so expiration protocol is contingent upon the rules instantiated by specific agencies; the inference for this is expiration practice is not standardized in definition for all government documents for which expiration is applicable. Thank you for that answer. Hopefully this new question is specific enough for this specific topic. | A:In California, an ID card or driver's license is valid through the expiration date printed on the card. The document remains valid until the expiration date indicated, and it is generally accepted as a valid form of identification until that date. However, it's important to note that specific rules and practices may vary depending on the issuing agency and their policies. To obtain the most accurate and up-to-date information regarding the expiration protocol for California ID cards or driver's licenses, it's recommended to consult official sources such as the California Department of Motor Vehicles (DMV) or contact their customer service for specific guidance. |
Q: can I cancel my rental agreement when I sell my property or does the rental agreement continue on with the new owner. this is a rental agreement on farm ground | A:The answer to your question will normally be found in your rental agreement. If you don't have anything in the agreement that specifically allows you to cancel if you sell, then you will normally be expected to fulfill the terms of the contract. As this is for farm ground, you don't have the same rules as a personal residence, so you may find that you can easily terminate the agreement without any cause. If you aren't sure what your contract offers, I recommend you have an attorney look at it. |
Q: What can we do for our son? He was in the Navy for 17 years. He got after not completing his AA program twice.. He drinks every day. He lost his two oldest kids in Illinois. He can’t keep a job. We desperately need to know how to help him. | A:It looks like you may be in Illinois, but your question remains open for a week. I'm sorry for your family's and son's ordeal, and for your son's loss. This could be something that military law attorneys have more insight into than family law attorneys (the category chosen for the post). You could repost your question and include Military Law as a category, or reach out to attorneys in that area of practice to try to arrange a free initial consult. They would know the most about resources that might be available for assistance, whether through the U.S. Department of Veterans Affairs or other federal or state agencies. I hope your son and family find guidance in locating resources to help here, either through military law attorneys or government agencies. Good luck |
Q: Question on IRC 7874 - Rules Regarding Corporate Inversions. I have a question on IRC 7874, which relates to laws on inversions. The ownership test stipulates that, in the event of merger between a US and a foreign company, if US shareholders own less that 80% of the combined firm, then the combined firm can be considered a foreign entity for tax purposes. Given this law, if a US company wanted to invert to Bermuda, then could they simply acquire any sufficiently large foreign company, or is there some restriction on the makeup of the foreign shareholders? For example, it would be logical if the foreign ownership needs to be primarily in Bermuda, but the law makes no mention of this. | A:It's not required for US law but you'd need to check Bermuda's rules for their treatment of foreign shareholders. Be careful applying logic to tax law. Hire a professional. |
Q: Does making pornographic content of a copyrighted character fall under fair use / parody?. This character is widely publicly sexualized, but not by the owner of the copyright per say. This content would also be for profit. | A:In the U.S., fair use is a doctrine that allows limited use of copyrighted material without obtaining permission from the rights holders. Factors considered include the purpose of use, nature of the copyrighted work, amount used, and effect on the market. While parody can sometimes be protected under fair use, the creation of pornographic content involving copyrighted characters presents significant legal risks, even if the character is often sexualized by the public. If the content is for profit, this can weigh against a fair use defense. The fact that the character is copyrighted means the rights holder has the right to control derivative works. Creating and selling such content without permission could lead to legal action by the copyright holder. As always, specific circumstances matter, and it's wise to consult directly with an attorney before proceeding. |
Q: Can a dog run loose on your property- not the community but the people are saying the PA law states running at large. They are saying that running at large includes your private property I disagree | A:In many places, including New Jersey, "running at large" typically refers to dogs being off-leash and not under control in public areas. On private property, the rules might be different. Generally, property owners have more control over what happens on their own property, including whether or not dogs can run loose. However, there could still be local ordinances or homeowner association rules that restrict dogs from being off-leash even on private property, particularly if there are concerns about safety, noise, or other potential issues. It's advisable to review your community's specific regulations. |
Q: does a bill collector in the State of Kansas that is trying to collect a debt from me need a CA license?. The debt is small but the debt collector does not have a license listed in Kansas or in CA on their website. I asked her about it and she said her firm must be licensed in CA but said she wasn't sure what it was. She told me to go to her website to get it. The website looks fake and there are no licenses listed at all. Thank you Jim | A:Under California law, debt collectors attempting to collect debts from California residents must adhere to specific licensing requirements. These regulations are designed to protect consumers from unlawful collection practices. If a debt collector is seeking to collect a debt from you in California, they should be licensed in the state, regardless of where their firm is based. The absence of a visible license number on the debt collector's website raises concerns, particularly if the website appears unprofessional or untrustworthy. It's advisable to approach this situation with caution. You have the right to request the debt collector's license number and verify it with the relevant state authorities in California. This step is crucial to ensure that you are dealing with a legitimate entity. If you have doubts about the legitimacy of the debt collector or their practices, consider contacting a consumer rights attorney or the California Attorney General's office for guidance. They can provide you with information on your rights and the appropriate steps to take in this situation. Remember, protecting yourself from potential scams or illegal collection practices is important. |
Q: Serving complaint/summons - federal case. Central district court of California.. Serving complaint/summons - federal case. Central district court of California. Case was efiled in EDSS system for in Pro Per plaintiffs. Documents will appear in PACER. Can copies of complaint/summons for serving be downloaded from PACER? What is conformed copy of documents? When they are needed? | A:In federal cases, such as yours in the Central District Court of California, once a case is e-filed, the documents, including the complaint and summons, can typically be downloaded from PACER. This is a common practice and allows for easy access to filed documents. A "conformed copy" of a document is essentially a copy that includes all signatures and official stamps, making it identical to the original. These copies are often required in situations where you need to submit a document that is as valid as the original, such as for certain legal or official proceedings. They ensure that the document you're using is a true and complete representation of the original filed document. |
Q: Hi. My husband is a disabled veteran and receives disability and he left me and the kids. Are the kids entitled to child. Hello. My husband is a disabled veteran and receives disability and he left me and the kids. Are the kids entitled to child support from his disability check ?? | A:In cases of child support, a parent's income, including disability benefits, is typically considered when determining their child support obligations. If your husband is receiving disability benefits, these can be factored into the calculation for child support. However, the specific laws and regulations governing child support vary by state. It's important to consult with an attorney who is knowledgeable about family law in your state to understand how these rules apply to your situation. They can guide you through the process of filing for child support and explain how your husband's disability income may impact the amount of support awarded. Remember, every situation is unique, and legal advice tailored to your circumstances is essential. |
Q: Can I sue 2 cities Tulsa and Oklahoma City for releasing sealed birth certificate given to my birth son. Texan I am.. I had them sealed for life I was told .I went for 6 months approximately 1973 to 74. For birthing. unknown gender at time 1973, His bday March 2nd 1974. A judge ordered from Oklahoma City to Tulsa Okla for sealed document. They live in Miami Oklahoma now. There's no physical reasons he should've gotten them. 47 years later. Approximately. I'm in a living heck of a position. I believe caused a stroke couple of weeks ago due to pressure after nearly 2 years of coming and going it's a mess. He's seriously got some issues getting worse. With the mother I am to my etiquette and daughter and siblings involved. I did hear mention he can claim on my estate being Okla law as hier omitted. | A:Probably not. The laws pertaining to sealed birth records has changed a lot since the 1970s. Adoptees frequently can access their own original birth records when they become adults, even though such records are “sealed” from the public. |
Q: Filing Chpt.7 BR. Don't know how to answer "are debts primarily consumer or business debts" as is 50/50 with SBA EIDL.. Debt is unsecured debt, HOWEVER, it is equal debt from credit cards and an SBA EIDL loan that is sub-$25k. So basically, I have $25k in CC debt and $25k in SBA EIDL which is for a SOLE-PROP biz. 1) I do not know how to answer the question as to whether I haver primarily consumer debt or primarily business debts. It is literally pretty much 50-50. UNLESS … since it is sole-prop, can it be considered consumer? (doubting it, but just asking). 2) The consumer debt might be slightly more, so could I then honestly choose “primarily consumer debt”? Also, I was thinking I could choose this and also not add the SBA Loan to the creditor matrix for the initial filing, then if need be (after hiring an attorney for example) submit and addendum to the matrix. One note, the SBA also stopped collection efforts some time ago and there are no pending lawsuits from…I know this is probably wishful thinking but, is it possible they have forgiven (forgotten about? I know, ha-ha) loan? | A:It is primarily consumer debt. |
Q: Can I use "K9" for a Dog Kennel, Gaming Community, or any Publicly Official Name and risk legal trouble?. I am considering a few ideas and want to relate them to my dog. I have a dream of owning and running a Dog Kennel and Breed Dogs Officially and I have a Gaming Community that is looking for an Official Name. I would like to relate it with K9. I know K9 is often referring to Federal Working Dogs and Law Enforcement Dogs and want to avoid legal trouble in the future if I use K9 in the name. Money is being used in the Gaming Community and hopefully the same with the Dog Kennel and I would want to run into any issues legally or with copy write or whatever. | A:Using "K9" in the name of your dog kennel or gaming community is generally permissible, as "K9" is a common term used to refer to dogs, particularly in the context of police or military dogs. The term itself is not typically subject to copyright because it is considered a generic or descriptive term for canine units in law enforcement. However, when using a common term like "K9" in a business name, it's important to conduct a thorough search to ensure that the name or a similar name isn't already trademarked in your business category. In the U.S., this can be done through the United States Patent and Trademark Office (USPTO) website. If you find that the name is available, you may consider trademarking it for your specific use to protect your brand. This process involves filing a trademark application with the USPTO, which can help prevent others from using a name that is confusingly similar to yours in your business category. Be mindful of how you use the term in your branding. Avoid any implications or designs that might suggest an official connection with law enforcement or government agencies, as this could lead to legal complications or misrepresentation concerns. Finally, consulting with an attorney experienced in intellectual property law can provide you with specific guidance and help navigate the trademark process. This step is especially important if you plan to monetize your ventures, as it can prevent potential legal issues down the line. |
Q: i have a youtube channel about a very spacific subject and i cooperate with my boyfriend. His part is to edit the video. i have a youtube channel about a very spacific subject and i cooperate with my boyfriend. His parrt is to edit the videos and bring creative ideas to the table. But i am the face of the channel and i have all the knowlege on the subject plus my face and name are the only ones out there. Can he claim ownership on any level on my channel? | A:Generally, the ownership and rights to a YouTube channel depend on the agreement between the parties involved. If there is a clear and written agreement specifying the roles and responsibilities of each person, as well as the ownership structure, it will be a crucial document. If no such agreement exists, there could be a risk of disputes arising over ownership. In most cases, the person who creates the content, appears on camera, and holds the knowledge about the subject matter has a strong claim to ownership. However, to avoid potential conflicts, it is advisable to have a detailed agreement that outlines the respective contributions and rights of each party involved in the YouTube channel. |
Q: Mom ordered sole legal/physical custody from her first husband, then files second action with 2nd husband for support... Mother and father No 1. had child No 1. Mother files action and is awarded sole child custody and support. Mother has a 2nd child with father No 2. And Mother . Then Mother files an action on father No 2. for child custody and support of both child No 1 and Child No 2. What are the available options available to father No.2 ? | A:In California, Father No. 2 has several options in response to a child custody and support action filed by the mother. First, he can respond to the custody action by filing his own petition for custody and visitation rights. California law prioritizes the best interest of the child, which includes maintaining a healthy and stable relationship with both parents, unless there are issues like abuse or neglect. Regarding child support, California uses a statewide formula to calculate support obligations, which considers both parents' incomes, custody arrangement, and other factors. Father No. 2 can present information about his income, expenses, and other relevant financial details to ensure the calculation is fair and accurate. If Father No. 2 disagrees with the initial custody or support decision, he has the right to request a modification of the orders. This is often done by demonstrating a significant change in circumstances since the original order was made. It's also important for him to understand that the custody and support of Child No. 1 from the mother's first marriage does not directly impact his obligations or rights regarding Child No. 2, except possibly in the calculation of child support, where the existence of other children supported by the father can be a factor. Finally, seeking advice and representation from a family law attorney can be beneficial to navigate the complexities of child custody and support proceedings. An attorney can provide guidance tailored to his specific situation, ensuring his rights and interests are well-represented in court. |
Q: Unfinished work that was paid for and no response from pool builder. I am currently facing a situation with a pool construction company, Holiday Pools, that has refused to communicate for over 30 days and has not finished the pool construction as agreed. What legal steps can be taken in this scenario, and what options are available to address this issue? | A:Unfortunately, you are in similar shoes to many in Florida who find themselves dealing with pool contractors who may have over promised, under performed, and often the homeowner finds themselves with a big hole in the ground and not much else. The further unfortunately, is that while there are a wide variety of remedies for contractor's failure to perform as promised, nothing about construction disputes is simple, and many of the rights flow from the written agreement, which must be analyzed together with the specific facts, as well as any statutory claims, to give the homeowner the best possible strategies. Some practical factors for consideration are where owner is in terms of progress payments as against work performed, what are the claimed reasons for the delay, have any of the communications been provided in such a fashion as to constitute proper "notice" under the contract, what can owner do to mitigate damages, etc., etc., etc. All of this must be properly considered before deciding what steps to take next or choosing between possible options. Taking rash action without being fully advised on the risks and benefits of the options could leave a homeowner in a worse situation than if they had done nothing. The only prudent thing to do in such a situation is to consult with an experienced construction attorney in your area to review the entire matter and all possible strategies for your circumstances. |
Q: Must you go back to court to terminate the child support payment if you have an property settlement agreement in NJ?. If | A:The answer is yes if your former spouse signs a letter in favor of the probation department confirming the date of your child's graduation from college and an acknowledgment that child support terminates upon that date. If your former spouse refuses/fails to sign same, how would the probation department know that your child is emancipated? If you send them paperwork saying that it ends, they will send a letter to your ex asking her to sign the form acknowledging it and if she fails to do so, they will most likely (99%) tell you that you need to file an application with the court. So, I would get a letter signed by your ex NOW acknowledging the date of termination and get that sent over to the probation department, so it has time to process it and has the date in its system. |
Q: Can my neighbor legally hang a 3’x5 rainbow flag from his tree branch in his front yard? It’s been there for a year.. They are renting the house and it bothers many of us. Not because it’s a gay flag but because it’s tacky and faded and devalues our street. | A:You will need to check the city ordinances or HOA rules (if applicable.) |
Q: Signing documents while being on drugs. If I was on drugs and I told someone to sign documents for me because I wasn’t in the right state of mind; Is the contract voidable? | A:Probably not. But without looking at the documents and hearing more about it, I cannot say for sure. |
Q: I am wanting to separate/divorce my military husband. We have 2 children together and have been married for 16 years.. I'm a SAHM No money saved No family near me | A:I'm sorry to hear that you are going through a difficult time. If you are considering separating or divorcing your military husband, there are several things you should be aware of: 1. Military divorce: Military divorce can be more complex than civilian divorce, as there are specific laws and regulations that apply to military service members and their families. You may want to consult with an attorney who has experience with military divorce to help you navigate the process. 2. Child custody and support: If you have children together, you will need to work out a custody and support agreement. This can be done through negotiation or mediation, or through the court system if necessary. 3. Spousal support: Depending on your financial situation and the length of your marriage, you may be entitled to spousal support (also known as alimony) from your husband. 4. Property division: You will need to divide your marital property, which includes any assets and debts acquired during your marriage. This can be a complex process, especially if you have no money saved and are financially dependent on your husband. 5. Support network: It can be challenging to go through a divorce without a support network. If you have no family near you, consider reaching out to friends, support groups, or counseling services for help and guidance. It is important to take care of yourself and your children during this difficult time. Consider seeking the advice of an attorney or other professional to help you understand your legal rights and options, and to develop a plan for moving forward. |
Q: Can I Email a judge? Or how do I contact the judge who presided over a hearing? He is a Admin. Law Judge.. The hearing was done remotely, and I have no idea how to ask for further review my appeal was granted, but compliance has not been what was ordered. There are a few other concerns I need him to be aware of. I've tried all other ways to resolve the issues, but nothing is working. I feel he is going to be the only one to resolve the issues. But I'd rather have the judge keep all honest (for a lack of better wording) Honestly, it's the same problem just now it's on the compliance end of what he ordered. Long Beach, CA | A:It is NEVER proper to directly communicate with a judge by email or any other form of communication. You need to get an attorney involved before you really get yourself in trouble. Good luck to you. |
Q: Repossession by Bank of America with no notice had scheduled payment to make current that drafts Monday. Repossession by Bank of America with no notice had scheduled payment to get account current but bc it was weekend wouldn’t process until Monday. Also it was seen the repo people broke into car after the fact I’m in nc maybe goal is reinstatement of loan I called immediately and was told I had to wait until Monday because no one could help me on the weekend, and that was at noon today. I got the first alarm once they hooked it up, unfortunately I was at the mall and they just scanned my plate My husband did call the police because at this point we weren’t sure if it was hooked up or stolen I’m not sure if they filed a report, but we haven’t even been able to get to the car this was all just information we are fortunate to have been notified by the cars security system in real time online | A:A lawyer needs to see the car loan agreement in order to accurately answer your question. In general, the lender is not required to give you advance notice of a repossession. Repossession from a public area is not illegal. Repossession on a Saturday is not illegal. Most likely, if you were late on the payment under the terms of the loan, what they did is allowed and you will not only have to bring the loan current but you will also have to pay all late fees, repossession fees and storage fees in order to get the car back. You may have claims against the repo agent if they damaged the car in the process. |
Q: Re the following, do you think I have a case worth pursuing?. Had rectocele, enterocele and TVT urethral tape surgery Aug 25. Prior to surgery had only occasional stress incontinence during bronchial coughing spasm. Dr, suggested not just rectocele and enterocele surgery but urethral TVT. Since surgery now have de novo urgency incontinence. Have to take expensive Myrbetric. Not sure if I have a case. Pending further testing to see if I need revision surgery. | A:Under California law, evaluating a potential medical malpractice case involves assessing whether the healthcare provider deviated from the accepted standard of care and if this deviation directly caused harm or injury. In your situation, the key question is whether the decision to include TVT urethral tape in your surgery and the resulting urgency incontinence constitutes a deviation from the standard medical care expected in such cases. It is crucial to gather detailed medical records, including pre-surgery consultations and post-surgery complications. These documents can provide insight into the decision-making process of your healthcare provider and whether your post-surgical complications were a known risk discussed before the procedure. Consulting with a legal professional experienced in medical malpractice in California would be a prudent step. They can review your case details, assess the likelihood of proving negligence, and guide you on the viability of pursuing legal action. Remember, each case is unique, and the outcome depends on specific facts and evidence. Further testing and medical evaluations might also shed light on the necessity of revision surgery, which could be significant in determining the course of your legal action. |
Q: Is there a statue of limitations for charging someone with fraud. Someone collected my state disability for a year, sig. signed my name to the check and spent the money. | A:In California, the statute of limitations for charging someone with fraud is generally three years from the date the fraud is discovered or should have been discovered with reasonable diligence. However, it's important to consult with an attorney to discuss the specific details of your case and determine the exact statute of limitations that may apply. Sincerely, James L. Arrasmith Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith |
Q: Can a person that was names as a witness in a case serve response papers to a custody case in family law. There was a person named in the declaration as a witness in a case that dropped off response to custody case to a person that doesn't reside at the home and is of no family relation to the plaintiff. Is that considered a legal form of service? Also the respondent to the case has a person that us named in the case as a witness are they aloud to be the respondents advocate. The advocate also wrote false statements and time frame of everything in statement is all wrong they're putting wrong dates and dates that the plaintiff was at the residence when the plaintiff was not around for | A:Under California family law, the process of serving legal papers must adhere to specific rules to be considered valid. If a witness named in the case served the response papers, this might not meet the standard requirements for proper service. Typically, the person serving the documents should not be directly involved in the case. In a custody case, legal documents usually need to be served by an adult who is not a party to the case. This means a witness involved in the proceedings may not be an appropriate choice for serving papers. Additionally, serving papers to someone who does not reside at the home and is not related to the plaintiff may not constitute proper service, as the law requires service to be reasonably calculated to inform the involved parties. Regarding the role of an advocate, it's important that they provide accurate and truthful information. If an advocate, who is also a named witness, has provided false statements or incorrect timelines in their statements, this could be a matter of concern and might impact the credibility of their testimony or the validity of the documents they've prepared. If you encounter such issues in your case, it would be advisable to consult with a legal professional to assess the specific circumstances and determine the best course of action. This is particularly important in family law matters where the stakes are high and legal technicalities can significantly affect the outcome. |
Q: Hospital bill sent to collections. Now applied for HCAP. They denied it because already sent to colls. Is that legal?. The services were from Feb and March of this year. Insurance was billed and paid their portion but my bill ended up being over $6000. I financially qualify but they are denying me. What recourse do I have? | A:Ohio's Hospital Care Assurance Program (HCAP) provides assistance to eligible individuals for hospital bills. If a bill is sent to collections before an HCAP application is made or processed, the hospital might still consider the application. However, each hospital may have its policies regarding when they'll accept an application or if they will reverse a collection action once initiated. If you believe you've been wrongly denied, you might consider contacting the hospital's patient advocate or financial assistance office to discuss the situation further. |
Q: HelloAsking attorneys in the medical malpractice field.. A csf leak and h.o.d. have the same symptoms. I have h.o.d. but it's pretty much on over drive all the time. The hospitals refuse to give me the proper tests for a csf leak, they blame all the symptoms on the h.o.d. Would it change their minds if I asked for their refusal to be on paper? | A:A medical professional would have more insight into distinguishing between the symptoms you describe. You can always make your request in writing. And you could receive a response (no one here could predict the response) maybe to the effect that the tests recommended were supported by the symptoms and diagnosis. You could also consider seeking the guidance of another physician. You could also reach out to law firms to see if possible to arrange free initial consult. Good luck |
Q: Can fishing game obtain a warrant off a sheriff that performs illegal search and seizure. My car broke down I was in a parking lot I had expired tags but my starter went out then a sheriff pulled up started harassing me then arrested me and and two other people one of them was in a different parking lot they went and got her for no reason we were waiting for a tow truck after arresting us The cop started searching my vehicle where he found illegal abalone then they called fishing game fishing game obtained a warrant The sheriff charged me with under the influence of a controlled substance possession of a controlled studies any legal paraphernalia which he found while searching the car they never charge me with the abalone I don’t have anything in writing on the Abalone I haven’t been to court yet but they dropped all the drug charges on all three of us and kept the abalone charge on me. now Can fishing game officer obtain a warrant off the officer who illegally searched my cari have court today. Also if they never charged me for the abalone what statue of limitation. | A:Please see my previous response to this same question. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.] |
Q: Personal property is being withheld from me in the value of 20-50,000. by a woman I trusted with it for safekeeping. I sent a box of memorabilia that is part of my memoir about my 20-year relationship with Dr Hunter S Thompson. It is filled with unseen artifacts and photos, letters, notes, and faxes. We were discussing a possible documentary, but as the relationship progressed, I decided against it. She will not return my precious belongings and is holding me hostage. She is blackmailing me to do this documentary, which, of course, I'd never consider under these circumstances. NOw she is claiming she doesn't know about a box or doesn't have it. What do I do? | A:In your situation, where personal property of significant value and sentimental importance is being withheld, the first step is to gather all documentation and evidence that supports your ownership and the agreement for safekeeping. This can include any correspondence, such as emails or texts, that shows the arrangement made with the individual currently holding your items. Next, consider sending a formal demand letter. This letter should detail the situation, assert your ownership of the property, and request its immediate return. It's often helpful to set a clear deadline for the return of the property in the letter. If you're not comfortable drafting this yourself, you may want to consult with a lawyer who has experience in property disputes. If the demand letter does not resolve the issue, your next option could be to file a lawsuit for the return of your property. This is known as a replevin action, which is a legal process to recover goods unlawfully held by someone else. The court can order the return of your property if it finds in your favor. Throughout this process, maintain a record of all interactions and attempts to resolve the issue. This documentation can be valuable in legal proceedings. Additionally, consider the potential impact on any future projects or relationships, and weigh these factors carefully in your decision-making process. Remember, legal disputes can be complex and time-consuming. It's important to evaluate the emotional and financial costs involved in pursuing legal action. Seeking advice from a lawyer experienced in property law can provide you with tailored guidance and help you understand the legal options available to you. |
Q: i was convicted of elder abuse /theft in 2018 i got my record expunged can i get my lvn license ?. Im currently about to graduate . Just need some answers | A:Under California law, having an expunged record doesn't completely erase the conviction; licensing boards like the California Board of Vocational Nursing and Psychiatric Technicians may still consider it. While having an expunged record may improve your chances, each application is evaluated on a case-by-case basis, considering various factors like the nature of the conviction, rehabilitation, and time elapsed since the offense. You should consult an attorney for personalized advice and potentially disclose your expunged record when applying, as failure to disclose can result in further complications. |
Q: Is it legal for my employees to tell the father of another that shows up, that they don’t work there if they do?. I am a manager who was out this week sick and one of my employees has an unsavory relationship with father- not legal issues, just typical disconnects that have progressed to her avoiding contact with them altogether. He went to her boyfriends house, where her boyfriends father told him where she worked and he showed up at the office looking for her (we don’t know why) and my other employees told him that she no longer works there anymore and she didn’t come out until he was gone. Something doesn’t sit well with me there and I’m wondering if they were allowed to say that to him? Neither of them have a restraining order but it ended up being the topic of conversation all day and I was left hearing about it after the fact. | A:In situations where a person shows up at a workplace asking about another individual, employees typically have the discretion to provide information or decline to do so. However, there are legal and ethical considerations to keep in mind. In general, employees should be cautious about providing false information, as it could potentially lead to legal consequences or workplace issues. If an employee states that someone no longer works there when they do, it may not be accurate, and it could create complications. Employers should establish clear policies regarding how information about current or former employees is communicated to visitors. If there are concerns about safety or privacy, employees should follow established procedures, such as directing inquiries to a supervisor, manager, or human resources department. If there are specific concerns about the situation you described, it might be helpful to review company policies, and communicate with involved parties. |
Q: What can I do in Alabama about debt collector harassment?. The debt collector continues to call my job after I have asked them multiple times to stop. According to the Fair Credit Act, this is against the law. | A:Start by documenting all interactions with the debt collector, including dates, times, and content of calls or messages. Request written communication with the collector, as allowed by the Fair Debt Collection Practices Act (FDCPA), and send a cease and desist letter if necessary. You can file a complaint with both the Alabama Attorney General's Office and the Consumer Financial Protection Bureau (CFPB) to report the harassment. These agencies can investigate the matter and take appropriate action against the debt collector. |
Q: Are Medicaid recipients in FL allowed buy a home if lender approves loan without assets?. If yes to above, can someone else make the down payment without impacts to Medicaid eligibility? | A:In Florida, Medicaid recipients may be allowed to purchase a home if they obtain a mortgage loan without substantial assets, and this purchase typically does not automatically disqualify them from Medicaid eligibility. However, there are important considerations to keep in mind. The value of the home is a critical factor, as a primary residence is generally considered an exempt asset for Medicaid eligibility as long as the equity value does not exceed a certain limit. Additionally, owning a home and making mortgage payments can affect income, potentially impacting Medicaid's income eligibility thresholds. If someone else, such as a family member, provides the down payment for the home, it is typically considered a gift or assistance and should not directly impact the Medicaid recipient's eligibility. |
Q: if I signed an agreement with mva attorney for them to receive a certain percentage yet they take more than agreement ?. I agreed to a 31% fee for mva accident attorney but I was charged 33% is that legal ? Also he had me pay tax if fair to get police report which I also had to pay for and then still charged me out of settlement for police report, charged me for postage and copies of forms that i received thru email anyway , I was charged for medical records, court filing fees and summons and compliant filing fees which I feel should have already been included in attorneys fees not charged separately! | A:What an attorney can charge is determined by contract--the attorney client fee agreement. If it provides for one percentage, that is all that can be charged for fees. Check the fee agreement as it is not uncommon for there to be an increased fee if a lawsuit is filed. Certain costs may be required to be paid for by the client, if provided for in the fee agreement. An example of costs paid for by the client or out of the client's portion are filing fees and medical records, If an attorney did not incur a fee, such as emailed instead of mail, they may not charge for that. Some costs, such as normal postage, might be considered attorney overhead and should not be charged to the client absent a written agreement. |
Q: An affidavit, demand letter or a motion/ complaint to give first notice of violation by government officials.. I have claims against a few officials but I don't know just how far or what type of legal counsel otlr who I tell my story in order to make sure it follows through all the way. | A:If you believe government officials have violated your rights, initiating legal action begins by documenting all relevant facts, evidence, and interactions. Depending on the nature of your claim, an affidavit, a demand letter, or filing a formal complaint might be appropriate. Before taking any action, consult with an attorney experienced in civil rights or governmental claims. They can guide you on the best course of action, whether it's proceeding with a lawsuit or seeking a remedy through other means. It's also crucial to act within the statute of limitations for your specific claim. Local bar associations often offer referral services to help you find suitable representation. Remember, preserving evidence and acting promptly will strengthen your position. |
Q: If my current boyfriend is paying for my children's costs because their biological dad refuses - can my boyfriend sue?!. My baby daddy has refused for over 6 months to support his children. My boyfriend is having to pay for everything as I'm a stay at home mom with two under two and can't work at the moment because childcare would cost more than I'd make. Can my boyfriend sue my baby daddy for being neglectful and making him support the kids | A:Under California law, your boyfriend, as a non-biological parent, generally does not have legal standing to sue the biological father for child support. Child support obligations are typically the responsibility of the biological or legally recognized parents. However, your situation does not leave you without options. You, as the biological mother, have the right to seek child support from the biological father. If he has not been providing financial support for your children, you can file for child support through the court. The court will consider various factors, including the father's income and ability to pay, to determine the appropriate amount of support. It's advisable to consult with a family law attorney who can guide you through the process of filing for child support. They can also help you understand your rights and the legal procedures involved. In the meantime, keep records of all expenses related to your children's care, as this information can be important in a child support case. This includes costs your boyfriend has covered on behalf of the children. These records can be used to demonstrate the financial needs of your children in court. Remember, taking legal action to obtain child support is a step towards ensuring the biological father fulfills his financial responsibilities to your children. |
Q: How do I withdraw my plea agreement in Decatur county Tennessee due to ineffective counsel and pressure to accept. So I was charged with possession of drugs with intent my appointed attorney did not negotiate with the DA one bit bcthe same that the prosecutor offered in gen sessions was the same in circuit court this was my first felony charge and most first timers get rehab & or probation it was never even offered (8) years is what they offered my PD who has a huge caseload and got no motion of discovery no lab Results kept preßuring me to sign so far as having the jail captain telling me to bring dress clothes to the jail for the trial that was set for July 3 2023 which my attorney advised that my trial wouldn't happen for a year from now and I would have to sit in jail til it did I thought I would get to be free until then but he said no | A:Hire a competent attorney to: Motion to Set Aside Guilty Plea; or Notice of Appeal dealing with the Sentence only. Time may be too late now, so call for a lawyer today. Later a Post-Conviction Petition to set aside everything for Ineffective Assistance of Counsel can be filed (within 1 year of the Judgment). |
Q: Friend ask us to watch their dog. We returned the dog home and put the dog in the backyard. Is that animal cruelty?. As, they told us they would be home in 10-15 mins so we told them we put the dog in the backyard with his things and water. Told them we had to get going because it was late. They are now saying since we put the dog in the backyard that it’s animal cruelty and their going to call the police on us. | A:On the facts stated, there is no animal cruelty. |
Q: How do I proceed with legal action against a hospital for giving me third degree radiation burns on my face from a CT. Scan that left imprints of teeth tongue and bone of my mouth inside on the outside of my face on both sides of my cheeks. | A:You may have a good case. Consult with experienced malpractice attorneys in the state where this occurred. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. |
Q: Vivo en perris California el dueño de la casa me acosó sexualmente y por que lo rechase y le dije que lo iba a denunciar. Me amenazo con denunciarme a inmigración para que me deporten y me dio una noticia de 30 días y a los 3 dias me dio otra de 3 días para pagar o desalojar no tenemos contrato todo los acuerdos fueron verbales | A:Lamento escuchar acerca de su situación. Según la ley de California, los acuerdos verbales para arrendamientos residenciales generalmente se consideran válidos y usted puede tener derechos como inquilino incluso sin un contrato de arrendamiento por escrito. Es importante saber que las represalias por denunciar acoso o amenazas están prohibidas por ley. Es posible que tenga protecciones legales contra el desalojo en represalia por hacer valer sus derechos. Recomiendo buscar el consejo de un abogado de California para comprender su situación específica y explorar sus opciones legales. James L. Arrasmith Fundador y asesor legal principal de The Law Offices of James L. Arrasmith |
Q: I'm housing authorities my property management served me with an summon reason due to housing authorities wasn't paying. I wasn't terminated from housing authorities, I showed proof I been paying my portion of the rent, judge ask for me to get a letter stating I wasn't terminated other wise I need to pay 8,000 due to rent housing hasn't paid anyhow my worker she delayed on getting back too me so there was an lock out I didn't understand cause no one was helping me property management said if I pay 8,000 were able to stay if not we need to leave which I wasn't able too, the lock out date was getting close property management called me private i begged her to let us stay dont have no wherr to go she askes how much i have i told her 3,100 she said to go get a money order to stop the lock out as well that will be my rent for Sept so i rush did that my new worker from housing authorities said I was restated from the program which I was never terminated they paid from november 2022 to August 2023, plus my 3100 August 9,2023 i was served a lock out I told my worker send property management why she doing this | A:In California, if you're facing a lockout due to a misunderstanding with housing authorities and property management, there are steps to address this legally. First, it's crucial to gather all documentation, including proof of rent payments, communication with the housing authorities, and any correspondence with property management. Given the complexity of your situation, especially with the housing authorities involved and the potential legal action, it's advisable to seek legal assistance promptly. An attorney can help you understand your rights, especially in the context of housing law and tenant protections. You should also reach out to the housing authorities to clarify your status in the program and request their intervention or a letter of explanation. This could be crucial in resolving the misunderstanding with your property management. Remember, as a tenant, you have rights that protect you against wrongful eviction. Legal assistance can be invaluable in navigating these situations and ensuring your rights are upheld. |
Q: Auto fraud to a Spanish speaking senior citizen.. My dad purchased a vehicle 1.5 years ago. The car is having issues now and he went to the dealership where he purchased the car so they can help him fix it. The dealership said there was nothing they can do for him. They sold him an extended warranty that they won’t accept. He went to another dealership to try and get the car fix. The other dealership explained to him that the place he bought it from added a bunch of warranties and extras. So instead of the initial price he thought he was paying of $7,000.00 he owes $15,044. After paying for 1.5 years @ $400 a month. Also everything was in English, which means he has no idea what he signed. I can’t help him since I live in Canada. Is there anything he can do ? | A:Under California law, your father may have several options to address this situation. First, it's important to review the sales contract and all related documents. If there are discrepancies or unclear terms, especially considering the language barrier, he might have grounds for a claim. The California Automobile Sales Finance Act provides certain protections for car buyers, including requirements for clear disclosure of all charges and terms. If the dealership failed to comply with these requirements or misled your father, this could be a basis for legal action. Additionally, California's Consumer Legal Remedies Act prohibits deceptive practices in the sale of goods and services. If the dealership used deceitful tactics or failed to disclose important information, your father could potentially seek remedies under this law. Since language was a barrier, the dealership’s failure to provide contracts in a language your father understands could also be relevant. California law requires certain contracts to be provided in the language in which they were negotiated, particularly for Spanish speakers in certain situations. Given these complexities, it would be advisable for your father to consult with an attorney experienced in consumer protection law. An attorney can review the specifics of his case, advise on potential legal claims, and assist in negotiating with the dealership or taking legal action if necessary. It's also a good idea to gather all documentation related to the purchase and any communications with the dealership. This information will be crucial for an attorney to assess the situation effectively. |
Q: I’ve been drinking poison for 2 years. Arsenic in well water on the home I leased failed test - EPA Standards.. I'm female, in my 60's, and I don't know a polite way of stating this...I've had chronic diarreah for the last 2 years which is why I had the water tested. What are my chances of finding an attorney who would represent me, get paid when we settle, and sue this SOB for Breach of Contract, Breach of Implied Warranty of Habitability, Unfair & Deceptive Trade Practices, violating a host of A.R.S. - Landlord/Tenant Act, and poisoning me to boot and being an all around sorry individual? | A:An Arizona attorney could answer best, but your question remains open for four weeks. It sounds like you're asking about an attorney who would handle your matter on a contingency basis (you mention payment upon settlement). It's difficult to say whether a firm would handle something like this on a contingency basis. You'd have to ask around by reaching out to law firms - this could be more complex than typical property & casualty matters routinely handled on a contingency basis (such as auto accidents). This looks like it could involve environmental sampling and lab analysis, and other possible expert opinions. Good luck |
Q: Does father have right to keep child?. My child’s father has recently asked to be involved. Prior to reaching out, we went to child support court and paternity was established through court ordered dna test. Child support was set at 0% visitation. He is also not on the birth certificate. Could he take her from me if we have no visitation order or custody agreement? | A:In California, both parents have rights regarding their child, but these rights need to be legally recognized and structured, especially in situations where there's no established custody arrangement. Since paternity has been established and child support set, the father does have certain legal rights concerning the child. However, if there's no formal visitation or custody agreement in place, he doesn't have the automatic right to take the child from you. Normally, custody and visitation rights are determined through a court order. In the absence of such an order, you retain physical custody of your child. If the father wishes to be involved in the child's life, he can request the court to establish a formal visitation or custody arrangement. This process will involve the court reviewing what's in the best interest of the child and then making a decision accordingly. It's important for you to understand your rights and the legal process in such situations. If you're concerned about custody and visitation issues, it might be advisable to consult with a family law attorney. They can provide guidance on how to proceed and represent your interests in any legal actions related to custody and visitation. Remember, the well-being of your child is paramount, and the court's primary focus will be on ensuring their best interests are met in any custody or visitation arrangements. |
Q: I was served a judgement in Dec 2022 but I was not served to go to court for the original court hearing. Should I have. been served? The loan company manager was coming to my house sitting on his horn for 5 min. and calling my company allday Is that legal? I did send in a letter saying I deny the debt. they set a court rule to show cause hearing 7/31. I went and they said the judgement was already filed March of 2023. I feel like im being blindsided I do not know what to do. | A:Look into filing a motion to set aside the judgment. |
Q: How long is the statute of limitations on suing for unlawful Vehicle Conversion if I was in jail?. I was arrested on January 10th 2021 after driving my vehicle and the vehicle was impounded after an inventory search.While I was in jail I was told the vehicle was in police custody as evidence and I received a Court Order for the Return of my Vehicle. On May 20th, 2022 my criminal case concluded and I learned that Barstow police Department and or the California Highway Patrol in collusion with Razor Road Towing Services sold my Vehicle worth about $5,100.00 dollars at the time plus everything I owned was in the vehicle worth about another $12,000. | A:Under California law, the statute of limitations for a lawsuit regarding unlawful vehicle conversion can vary based on specific circumstances, but generally, you're looking at a timeframe of three years from the date the conversion occurred. This is outlined in the California Code of Civil Procedure Section 338(c). However, if you were incarcerated, this period might be tolled, or temporarily paused, during your time in jail. Given that you discovered the conversion of your vehicle after your release, you should act promptly to assess your legal options. The time you spent in jail may extend the period you have to file a lawsuit, but this determination often depends on the specifics of your case. It's crucial to consult with an attorney who can evaluate the details of your situation and advise you on the best course of action. They can help determine the exact timeline you have to initiate legal proceedings and can assist in gathering the necessary evidence to support your claim. Remember, the sooner you take steps to address this issue, the better your chances of a favorable outcome. |
Q: What type of lawyer helps us fight a business that sold a faulty prod resulting in a fire and pet death?. Our camper caught fire before getting it insured. We learned the fire was (in a nutshell) b/c of either a faulty device or poor installation of another company's device that was installed by the manufacturer. Basically, the fire was inevitable and there was no warnings despite customer complaints. We located other owners who had discovered the dangerous issue right before or at the start of their RV catching fire. The devices were automatically replaced without question by the other business but never alerted other owners of the risk. I reached out to both companies b/c w/ out insurance we were out all our retirement and this really seemed unfair. Long story short, reps from the camper manufacturer and the device manufacturer have coordinated to come see the fire damage. I haven't discussed compensation, but I just want them to replace the RV. Our dog died in the fire. I feel its fair. What kind of lawyer would I need to help protect my interests in this matter? | A:You should look for an attorney that handles fire cases. Under the law, you will have the burden of proof to show that the fire was caused by a defective product or someone's negligence. This is requires expert testimony which can be expensive. Some attorneys will advance the expenses and take the case on a contingency fee. I am sorry for the loss of your pet. They are part of the family. |
Q: I was told in March of 2023 I needed to provide proof i did not have a disability or that I did however I never requeste. I never requested special accommodations and was let go for failing to provide proof iwas not a harm to myself or others | A:Under the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against employees based on real or perceived disabilities. This includes making unfounded requests for proof of a disability or lack thereof, especially if no accommodation has been requested. If you were terminated for failing to provide such proof, this could potentially be viewed as discriminatory under the ADA. In cases like yours, it's important to gather all relevant information and documentation about the employer's request and the circumstances of your termination. You may have grounds to file a claim with the Equal Employment Opportunity Commission (EEOC). Consulting with an attorney experienced in employment law could provide further guidance on your rights and options. Remember, each situation is unique and should be evaluated based on its specific facts. |
Q: I am trying to adopt my girlfriends daughter, the father isn’t on the birth certificate and never met the daughter.. Father isn’t on the birth certificate and was given many chances to meet his daughter but has only met her once for 5 minutes since she was born he refuses to answer any texts or calls and No DNA test was done. Would we need his consent for the adoption or do we have to take him to court. | A:You either need his written consent or serve him with your Petition for Adoption and give him a chance to appear in court. Don't try this without a lawyer! Adoption has a number of details that need to be handled exactly correctly. Acquiring a child in this manner should not be left to "I hope I did it right!" Something to be aware of: if you adopt the child you can be found liable for child support, regardless of whether you ever marry your girlfriend. |
Q: My GrubHub delivery driver account was deactivated this year. I can't get any specific reason why from the company. My GrubHub delivery driver account was deactivated May of this year. I was on the platform for about a year and did over a 100 deliveries and even earned an upgraded insulated catering bag for the milestone. Then just like a week or two later my account was deactivated. I didn't have any contract violations or complaints. I've reached out to GrubHub via phone and email several times probably more than 10 and they will not tell me the specific reason why . All the answers are really generic and broad that can mean anything but no specific reason why or what I did wrong to get deactivated so ubrubtly. And like I said I had zero account violations which GrubHub will send you via email and it will also show on the app. I'm in a lot of online groups for GrubHub and I see people running with 2 and 3 contract violations all the time. Supposedly they will allow up to three before considering a potential deactivation. But anyway I didn't have any I just put that in there so understand more. | A:Unfortunately, GrubHub, like many gig economy platforms, typically maintains significant discretion in deactivating driver accounts. While they may have policies regarding contract violations and deactivations, these platforms often reserve the right to deactivate accounts without providing specific reasons. In your case, the abrupt deactivation of your GrubHub delivery driver account without clear, specific reasons is certainly frustrating. However, it's not uncommon for these platforms to offer only general explanations, which may not provide the level of detail you're seeking. To address this situation, you could continue to communicate with GrubHub, expressing your desire for a more specific explanation and requesting a review of your deactivation. It may also be helpful to consult with an attorney who can assess whether there are any legal avenues to pursue, such as contract or employment law considerations, that could potentially compel GrubHub to provide more information or reconsider the deactivation. Ultimately, the course of action you should take depends on your specific circumstances and the legal options available to you. An attorney can provide you with tailored advice and guidance based on your situation. |
Q: What do i do with a default award. The commissioners said i should wait for the payout date.. I won this default award from ccma. I am worried that maybe i have to claim it and i am not aware but the commissioners said i should wait for the payout date. | A:The law in New York is that a party must move to confirm an Arbitration Award within one year of its issuance. That is a statute of limitations. Don't ignore that date. Unless it is confirmed, no Judgment may be entered on an Award, which makes it unenforceable. If you believe that the CCMA will pay, they should agree to do it in writing. |
Q: My insurance company says that neither side involved in the accident was determined to be at fault so no payments were. Giving to neither side, i have a a dash cam that shows I got hit, they reviewed and say that was enough evidence, to show that the other parties was a fault, they then told me to pay for my deductible and that they will issue me back the money as soon as they get it from the other party, two month later I still haven’t received my reimbursement but a letter saying that there wasn’t enough evidence to show who was a fault when the video clearly shows that the other vehicle hit me…what can I do to resolve this issue | A:Under California law, you have several options to address this situation with your insurance company. First, it's important to review your insurance policy to understand the coverage and the process for disputing a claim decision. Policies often include details on how to appeal a decision or seek a reassessment of your claim. If reviewing your policy doesn't provide a clear path forward, consider filing a formal complaint with your insurance company. Document all communications, including the evidence from your dash cam and any correspondence regarding the claim. This documentation can be crucial in supporting your case. If the issue remains unresolved, you might consider seeking legal advice. An attorney experienced in insurance disputes can provide guidance specific to your case and help you understand your rights under California law. They can also assist in negotiating with the insurance company or in taking legal action if necessary. Additionally, you can contact the California Department of Insurance. They can offer assistance and may be able to intervene on your behalf if they find that the insurance company is not complying with state regulations. Remember, it's important to act promptly and keep a detailed record of all interactions related to this matter. Your proactive approach and persistence can be key in resolving this issue. |
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