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Q: What is consider Overbilling or excessive billing by a lawyer?. I currently have 64,000 bill that I have already paint 20,000 on this bill keeps going up 700 every month this lawyer filed no motions no appeals we never went to trial and he actually never even spoke a word in court I have totaled everything from email to phone calls etc there is only 800 worth of phone calls and he would charge to call me charge cuz I didn’t answer and charge cuz he couldn’t leave a message he literally charged me for every email weather it was a whole paragraph or a couple words he charged me for every single attachment plus the email the attachments came in he bills In 12 min increments and when I asked for a copy of the sign agreement they don’t have it they send me a copy of the agreement and it’s not signed further more they have broken there own terms in there own contract it states bill must be paid in full every month which clearly it didn’t or I wouldn’t be in this situation Is this excessive is a 80,000 lawyer bill to much for a dcfs case? | A:Based on the details provided, there are several red flags that indicate the legal billing in your case may be excessive or inappropriate: - Lack of motions filed or court appearances - Billing over $60,000 without significant legal work or court time is highly unusual. - Charging for unsuccessful communication - Billing for unanswered calls or inability to leave voicemails is typically not appropriate. - Billing for short emails/attachments - Billing incrementally for every email and attachment rather than the overall time spent is problematic. - No signed fee agreement - Attorneys are required to have a signed engagement agreement in place before providing services. Not having one raises ethics concerns. - Non-compliance with own agreement - Billing despite not adhering to their own terms about payment timing is questionable ethically. - Overall cost relative to case - $80,000 is an exceptionally high amount for a DCFS case that did not involve extensive litigation. Most would be in the $10,000-$20,000 range maximum. While legal fees can add up quickly, these behaviors and the disproportionately high total billing do seem to cross ethical lines. I would recommend filing a complaint with the state bar association against the attorney for investigation into excessive billing practices. Consulting with another attorney may also be wise to see if the fee is recoverable. Make sure to preserve documentation of all bills, emails, and lack of court filings/motions as evidence. |
Q: Can unpaid dental premium <$500 be sent to collections and affect your credit score?. The reason I ask is because I know the 3 credit reporting agencies say that medical debt <$500 won't affect your credit. So even if sent to collections, it won't affect your credit score. | A:In California, unpaid dental premiums, even if less than $500, can indeed be sent to collections. If this happens, it could negatively affect your credit score. When a debt is sent to collections, it typically gets reported to credit bureaus, and as a result, it appears on your credit report. It's important to address such debts proactively. You might want to contact the dental insurance provider or the collections agency to discuss possible payment plans or settlements. This can often prevent further damage to your credit score. Remember, maintaining good communication with creditors and addressing debts promptly can help in managing your financial health effectively. If you're facing such a situation, acting sooner rather than later is usually in your best interest. |
Q: My parents will has nothing in it about my mothers jewelry. However my father split his guns with my 2 brothers yrs ago.. I'm the only girl and the baby. It was always known that I was to inherit mother's jewelry collection. My oldest brother is the exacutor of my trust and was the beneficiary of my parents estate for past 7 years. Mother died n November and dad in 2018. We are at the end of the succession and I was told there is no jewelry left. I know for a fact mom told me her diamonds were in a brothers safety deposit box . Please tell me can I do anything to get my mom's things? I'm heartbroken. My brothers are older than I am...10 yrs+ and we have never got along. I really don't know them. I've been treated very unfair and disliked by both and now this. | A:You need to contact an attorney who handles successions and estate matters as soon as possible to file the proper pleadings to review the pleadings filed, protect your interest and to object to the inventory your brother has likely filed, if it does not have your mother's jewelry listed. |
Q: how can i protect my self from someone who is writing my grants for my treatment. he went to school for grant writing i have never did anything like this im starting my own non-profit its going to be a treatment based on how we heal as native people from our addicrions i feel he knows what he doing i dont want him to be sneaky and take over on something i worked hard for and still working hard. so if you can help me get the right paper work to protect myself from him | A:To protect your interests in your non-profit and its intellectual property, it's essential to establish clear agreements in writing. Consider drafting a contract that outlines the scope of work, duties, and limitations of the grant writer's role, ensuring it includes confidentiality and non-compete clauses. You should also clarify ownership of the grant materials produced and the intent that the grant writer will not claim any stake in your non-profit or its assets. It would be wise to consult with an attorney who has experience in non-profit law to help you create such a contract and advise you on protecting your organization. Additionally, you should maintain control over all submissions and accounts related to the grant applications. Keep records of all communications and documents shared with the grant writer to safeguard your work and prevent any misunderstandings or misconduct. |
Q: Coordination and consolidation issue to confront in regard to related cases.. There was medical malpractice case filed at CA superior court. There was also recently filed EMTALA case in the federal Central District Court. Cases are based on different legal theories. EMTALA is NOT a medical malpractice case - with different liability framework. IF Defendant attempts to consolidate or coordinate cases in the upcoming superior court case management conference - what statutes/rules must be presented to confront consolidation and coordination of the cases that are related. | A:In confronting the potential consolidation or coordination of the medical malpractice case in California Superior Court with the EMTALA case in the Federal Central District Court, it's crucial to consider the distinct legal frameworks and theories underlying each case. EMTALA, being a federal statute focused on emergency medical treatment and active labor act issues, operates under a different liability framework than state-level medical malpractice laws. To argue against consolidation, reference California Rule of Court 3.350, which governs coordination of civil actions. Emphasize that the cases, while related, are based on different legal principles and statutes, thus rendering consolidation inappropriate. Moreover, point out that consolidation could lead to procedural complexities and potential conflicts between state and federal law. It's also worth noting the potential jurisdictional issues that arise when attempting to coordinate a state case with a federal one. The differences in legal standards, discovery rules, and procedural requirements between the California Superior Court and the Federal District Court further complicate consolidation. If the defendant attempts to consolidate, prepare to argue that such an action would not serve the interests of judicial economy, given the distinct nature of each case. Stress the potential for confusion and inefficiency that might result from merging these legally divergent cases. Finally, keep in mind the importance of articulating how the unique factual circumstances and legal theories of each case warrant their separate adjudication. This approach will help maintain the clarity and focus necessary for the fair resolution of both cases. |
Q: How would I know if my village water company is in violation of the fair housing act?. I feel like I'm being treated unfairly by my local water company | A:To determine if your village water company is violating the Fair Housing Act, you need to consider whether their actions involve discrimination based on race, color, national origin, religion, sex, familial status, or disability. The Fair Housing Act primarily addresses housing discrimination, but if the water company's actions indirectly affect housing rights or are part of broader discriminatory practices in housing, there could be a violation. Ask yourself if the unfair treatment you're experiencing is based on any of these protected classes. Are others in similar situations being treated differently? Document any instances of unequal treatment, as specifics will be crucial for any legal assessment. If you suspect a violation, you can file a complaint with the Department of Housing and Urban Development (HUD). They investigate claims of discrimination under the Fair Housing Act. Additionally, consulting with an attorney experienced in civil rights or housing law can provide more personalized guidance based on the specifics of your situation. An attorney can help clarify if the actions of the water company fall under the purview of the Fair Housing Act and advise on the best course of action. |
Q: In Florida, Can we be sued if we video record home health aid? The agency is asking for the clip of the assault.. We’ve video recorded an physical aggressive behavior of the Caregiver toward elderly man and filled a report to Adult protective services about the incident. The private home care agency wants the video clip. I don’t believe I should sent it to the accused agency. Advise? | A:I handle ALF cases and this is unfortunately quite common. You should immediately contact an attorney who handles ALF (Assisted Living Facility) and Nursing Home Negligence cases. This is valuable evidence which may form the basis of a claim against them. In Florida, there is something called the "Resident bill of rights" under Florida Statute 429.28: "(1) No resident of a facility shall be deprived of any civil or legal rights, benefits, or privileges guaranteed by law, the Constitution of the State of Florida, or the Constitution of the United States as a resident of a facility. Every resident of a facility shall have the right to: (a) Live in a safe and decent living environment, free from abuse and neglect. (b) Be treated with consideration and respect and with due recognition of personal dignity, individuality, and the need for privacy." The resident can sue for a violation of these rights. You can also report the facility to the Florida Agency for Health Care Administration: to file a health care facility complaint, call (888) 419-3456 / (800) 955-8771. Contact an attorney!!! |
Q: Can I do probate on my landlord’s properties?. My landlord passed away a few years back. He has no dependents/family in the United States, he didn’t have a will or a trust. He owns multiple properties so I was wondering if I was able to start the probate process on his properties that are all paid off? | A:In California, the probate process is typically initiated by someone with a legal interest in the deceased person's estate. This usually means family members or heirs. As a tenant, you generally wouldn't have the standing to initiate probate proceedings for your landlord's properties. However, if the landlord passed away without a will or trust and has no known family or dependents in the United States, the state may eventually take steps to handle the estate. In cases where there are no apparent heirs, the state may appoint a public administrator to manage the estate, including the probate process. If you have concerns or a particular interest in the properties, such as a desire to purchase them, it might be beneficial to consult with an attorney. They can provide advice on your options and any actions you might be able to take. Additionally, if you are aware of any potential heirs or family members of the landlord, even if they are not in the United States, it might be important to bring this to the attention of the relevant authorities. The presence of heirs, even overseas, can significantly affect the probate process. |
Q: I NEED A FEW ANSWERS TO REAL ESTATE QUESTIONS ! THANK YOU!.. IF A PERSON IS A MINOR CAN HE HAVVE A LEGAL GUARDIAN SIGN?. YES I HAVE ADDITIONAL QUESTIONS ..ABOUT REAL ESTATE.. DOES A BROKER ACCEPT CREDIT CARDS IN A TRANSACTION OR IS CASH ALLOWED? | A:I strongly suggest that you seek a consultation with an experienced civil litigation/real estate attorney. There are too many unknown factors to provide a meaningful answer. |
Q: Can I refuse entrance to the homeowner during the 60-day filing requirement for appeal regarding probate in CA?. I had a restraining order against the owner that I will renew now. Due to stalking, harassment, theft, and much more. I was engaged to her father and left with his things. The probate court has given her the house and I will appeal in time. I have filed a case for personal injury and slander per se as it is that bad. | A:Under California law, once the probate court has made a determination and granted ownership of the house to another party, that party typically has the legal right to access and control the property. However, if there's an active restraining order in place against the new owner, it can prevent them from coming near you or the property while you're present. If you plan to renew the restraining order, ensure it specifically restricts the individual from accessing the house while you are there. Should you appeal the probate court's decision within the 60-day timeframe, the appellate court's subsequent decisions or any stay orders issued may affect the homeowner's access rights. It's important to inform local law enforcement about the active restraining order to assist in its enforcement. During the appeal process, consider consulting with an attorney to understand any interim rights or restrictions applicable to the property. Communication between parties, preferably through attorneys, can help clarify rights of access and avoid unnecessary conflicts. Remember, violating a restraining order can have serious legal consequences for the violator. |
Q: I am a California resident and am asked by my employer to sign an illegal employment consent form. What should I do?. One of the conditions of the consent form is that I do not discuss my wages and contains a 1000 dollar fine if breached. This is illegal in California and I have sent them the link to the information to my employer. If they do not budge and do not remove this from the paper, if this point is breached by myself, can it be used against me that I signed this condition? | A:The provision is unenforceable by the employer whether or not you sign the contract. If they refuse you employment because you refuse to sign the contract because of the illegal term, call an attorney. If you sign the contract with the illegal term, and they try to discipline you in any way for violating the illegal term, call an attorney. Good luck to you. |
Q: When a thief uses a third party financial company, are they liable?. When a thief uses a third party financial company that transfers funds to steal what you paid for, and you file a complaint with third party and they side with the thief (meaning...they didn't refund your transfer) are they liable for money laundering? And when someone at the financial company says, "Yes, your right, our policies don't supersede California's laws on theft." -‐----Did she just give Consent to be sued? | A:Under California law, the situation where a financial company facilitates a transaction that turns out to be fraudulent can be complex. If a third-party financial company transfers funds and it results in theft, their liability depends on several factors, including their policies, the nature of the transaction, and their awareness of the fraudulent activity. Regarding money laundering, it is a specific legal charge that requires proof of intent to conceal the origins of illegally obtained money. If a financial company unknowingly facilitates a transaction that involves stolen funds, they may not necessarily be liable for money laundering unless it can be shown that they had knowledge of the criminal nature of the transaction. If a representative of the financial company acknowledges that their policies do not override California's laws on theft, it doesn't automatically imply consent to be sued. However, it may indicate an acknowledgment of the company's responsibility to comply with state laws. This could be a significant point in any legal proceedings. In such cases, it's advisable to gather all pertinent documentation and consult with a legal professional. An attorney can assess the specifics of your situation and guide you on the best course of action, which may include pursuing legal remedies against the company if they are found to be in violation of their legal obligations. Remember, each case is unique and must be evaluated on its own merits. |
Q: I have a graphics company and have teamed with a certifed NIL agent and want to produce sports trading cards what legal?. Since NIL is fairly new what are the boundries of using photos, guarding the players Name Image and Likeness. The Sports Cards are custom made and packaged for the athlete. This a specialty business on a new platform. Each card is customized for the platform | A:When producing sports trading cards that feature athletes' Name, Image, and Likeness (NIL), it's important to obtain proper consent from the athletes and ensure compliance with licensing agreements and copyright laws. Stay updated on NIL regulations specific to your jurisdiction and consult with a sports law attorney to understand the legal boundaries and requirements. Additionally, customize the cards according to platform guidelines. Seeking legal advice will help ensure compliance and protect your business interests. |
Q: Who in law of nj civil may I write tof lawyers hiding legal certified mail ,perjury ,preparing false court adjournment. Preparing false new trial motion dismiss. And preparing false decisions on new trial motions and designed by judges secretary to mislead plaintiff and getting the civil case dismissed. | A:In New Jersey, if you're facing issues of legal misconduct such as hiding legal mail, perjury, and the falsification of court documents, there are specific steps you can take. Firstly, if these actions are affecting an ongoing civil case, it's important to bring these concerns directly to the court's attention. This can be done by filing a formal motion or complaint within the same court where the case is being heard. Make sure to include all relevant evidence and documentation to support your claims. Additionally, for allegations against lawyers, such as hiding mail or fabricating legal documents, you should report these matters to the New Jersey State Bar Association's Office of Attorney Ethics. This organization investigates claims of attorney misconduct and can take disciplinary action if necessary. If your concerns involve court staff, like a judge's secretary, these should be addressed to the court's administrative body or the judicial conduct board in New Jersey. They are responsible for overseeing the conduct of court personnel. Given the gravity and complexity of your situation, it's advisable to seek legal advice from another attorney. An attorney with experience in civil litigation and legal malpractice can guide you through the process of addressing these serious allegations and ensure that your legal rights are upheld. Remember, navigating such legal challenges can be intricate, and professional guidance is crucial. |
Q: I have stipulation w/ex for CS, I filed objection but was denied. Can I now file a Motion to vacate stipulation?. Original stipulation filed 10/17. Objection was denied and filed 11/17. Do I have time to file the motion to vacate? I disagree with his stated income. He is self employed and currently lives in FL. The child support amount paid to me should be considerably more. | A:You agreed to the support. You should have done your due diligence before agreeing. Youvan not go back.on it now. Your motion to vacate will likely be denied unless you signed under duress. See a lawyer. |
Q: What are my legal options a company I engaged with to answer an online tax question has exposed my PII?. My Social Security Number, Home Address, Income and work Status are now being displayed on the internet publicly due to a company I engaged with. This information is findable via Google and Search Engines now. The company was providing a legitimate question and answer tax service and operates the answers in public forum online. This company I interacted with was posting the information online, I uploaded the sensitive PII by mistake in a document. The company has a policy indicating that they can remove the personal information by request. I requested the removal of the information many times, but due to incompetence the company still has been unable to remove my documents and now they are public for the world to see. All of the information is on the companies servers. | A:You may be able to bring a federal data breach law suit, or sue the company under the terms of service (or file arbitration against them). This may help put more pressure on them to honor their contract and federal and state law. Contact a consumer protection attorney to evaluate your case. |
Q: How do I present an effective ex-parte order so the judge will realize the abused and let me stay with her at nigh shif. My grandmas conservator is abusing her I have been watching her recklessly spend 200,000 plus dollars but mostly they have almost killed her. She over the past year has fallen many times . She has broken many bones. The latest fall fractured her hip in many places and broke her arm in half. I feel this is due to forcing chemical restraints on her without consent, placing her in a facility that is abusing there patients and limiting my visits to supervised only . I am the only family member there for my grandma so i speak out when I see these reckless behaviors inflected on my grandma. The problem is this women is very well known in the San Mateo county probate court and gets away with murder. Know matter how hard I try to get the judge to listen to me I get nowhere. My attorney seems to be shy and let everyone bully him. I went to the hospital because my grandma is now half dead. She was so relieved to see me. The next day they said i could no longer see her. Her reviews Bad | A:Contact your local Adult Protective Services office and also hire a different attorney. |
Q: Does the attorney general have to provide special council when it is evident that no attorney will represent a plaintiff. I want to sue the state of Nevada does the Attorney General have to help me represent me if I can't find an attorney that will does she have to appoint special counsel | A:A Nevada attorney could best advise here, but your post remains open for two weeks. As a general matter across the nation, the state attorneys general do represent citizens. But that role is something more in the form of advising lawmakers or enforcing laws. The office isn't thought of as an advocate for individual citizens who can't find attorneys as you describe, such as in the case of a public defender or legal aid attorney. You could contact a Nevada attorney to discuss further. Good luck Tim Akpinar |
Q: Can animal shelter refuse to give me my kittens if police said it was temporary until I get released?. It's only been one day, and they are refusing to give me back my 4 month old kittens. I was arrested and police told me I can just go pick them up . But they are trying to charge alit of money said if I can't pay it in full they will adopt them out | A:Under California law, if the police advised that the animal shelter would hold your kittens temporarily until your release, the shelter should return the kittens to you once you are released. The shelter cannot charge excessive fees or put undue financial burdens on you to reclaim your pets. If they continue to refuse, you may need to seek legal assistance to enforce your rights in this matter. |
Q: Franklin County, MO, municipality is negligent in maintaining alternative sewer system, creating health hazard.. The municipality signed an agreement with the original property owners in 2004. That they were installing a step septic tank system on their properties, that the village owned, was part of the village sanitary sewer system, would maintain, repair, and service. The system on our property was installed in 2005. The village has not maintained this septic system since it was installed. In 2014 we had raw sewage back into our basement. Since 2020, repairs are needed to the tank, repeated attempts to get it fixed, serviced, are ignored. They are in breach of a USDA agreement, in violation of EPA, MO DNR, reporting laws. In violation of clean water laws, Missouri Statutes. We have unreasonable interference with the use & enjoyment of our home, land, from raw sewage backups, outflows, from negligence, mismanagement, of the sewer system. We can't sell our home if we have to disclose to a buyer, that the septic system has not been maintained in 17 years. Rendering our home, property, valueless. | A:A Missouri attorney could advise best, but your post remains open for three weeks. This is a complex matter. Evaluation of the septic system could involve the expertise of civil engineers and wastewater experts. Assessment of contamination could involve sampling and lab analysis conducted by qualified chemists. You could reach out to environmental/toxic tort law firms to discuss in more detail. You could also touch base with your neighbors who may have been impacted. In these settings, law firms often want to know the scope of impact beyond individual households. Good luck |
Q: False claims act federal case?. Health care provider/hospital knowingly that patient's stay will not be paid by medicare advantage plan (only medicines claims get paid) keeps patient, contractors submit numerous claims for non-existent services, that result into referral to hospice with non-existent terminal illness recorded by a contractor. Does it present basis for federal false claims act case? | A:Under federal law, the False Claims Act (FCA) provides a mechanism for addressing fraudulent claims made to federal programs, including Medicare. In the scenario you described, where a healthcare provider or hospital knowingly submits false claims to Medicare for payment, this could indeed constitute a violation of the FCA. The FCA imposes liability on individuals or entities that knowingly submit, or cause the submission of, false or fraudulent claims for payment to the federal government. This includes situations where a provider knowingly bills for services that were not provided or not medically necessary. In your case, if the hospital and contractors are submitting claims for non-existent services and falsely documenting a terminal illness to refer a patient to hospice care, these actions could be seen as knowingly fraudulent. This is particularly relevant if they are aware that certain costs won't be covered by Medicare but proceed anyway. If there's evidence supporting these claims of fraud, it could serve as the basis for a federal FCA case. Individuals with knowledge of such fraud, often referred to as whistleblowers, can file a qui tam lawsuit under the FCA. In these suits, the whistleblower can sue on behalf of the government and may be entitled to a portion of any recovered damages. Given the complexity of FCA cases and the potential legal and financial ramifications, it's advisable to consult with an attorney experienced in this area of law. They can help evaluate the evidence, navigate the legal process, and determine the best course of action. Remember, allegations of healthcare fraud are serious and require careful handling to ensure that any claims made are substantiated and legally sound. |
Q: if a defendant asks for the complaint to be dismissed at the beginning of the answers and setting their defenses is ther. anything that has to be answered to their defenses or proven or do we just move forward to discovery and setting a court date? | A:I am not exactly sure what you are asking. I am assuming that a defendant has moved to dismiss a complaint, but I do not know if the motion was granted. A hearing on the motion to dismiss is heard before a judge. One can respond to the motion to dismiss in writing or just orally at the hearing. If granted, the plaintiff can move to amend the complaint. The defendant can again move to dismiss it. During this period of time, discovery can be done unless a party requests the court to stay it until the motion to dismiss is ruled on. I hope this answers your question. |
Q: where do I file my request for order? The county my childs residency is established? Or where temp order is?. Is it appropriate for a superior court judge outside of county where childs established residence is to grant a request for emergency temporary custody orders, ex parte? What constitutes an emergency in this situation? And where should I file my DVRO? In my county where child was removed from? Who has jurisdiction? Details; my former spouse of 17yrs, filed a dvro request in neighboring county that she moved to. The kids & I remained @ home & she left in May, 2023, filed dvro in 08/08/23. there was no custody order in place prior to her temporary order being granted. I don't know for what reason the judge issued the tro. There was no threat of harm or anything that should have brought judge to believe it was necessary to grant custody. We have 2 kids(11 &16)they are now separated from a parent & from their sibling too, our son is with me as he refused to go & daughter is w/her had no choice due to age(11yo)....ex wife learned that I was going to file dvro and she got it done 1st. | A:It sounds like you already have an open/existing case. You say "where temporary order is" - that tells me you have an existing court order. If not, and there is no open case, i.e. no one has filed anything related to this child, then you file in the county where the child lives. You then say however, "where child was removed from". If the child has lived somewhere else for at least 6 months, then you file there. In terms of what constitutes an emergency, you need to consult with an attorney directly. There is not enough information in this inquiry to respond to that question. |
Q: My mother passed in October the 4th 2017 from shock due to systemic infection. I want to know can I sue the hospital?. My mother had a catheter infection while she was in the hospital at UCSF | A:You may have the right to pursue a medical malpractice claim against the hospital if it can be established that the hospital's negligence in handling the catheter infection contributed to your mother's passing. To determine the viability of a lawsuit, it is essential to consult with an attorney who can evaluate the specific details of the case. James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith |
Q: how can i lose my lisense when i wasnt even driving. i was never arrested for driving and i was never brought into the station to have an official breathalizer administered | A:Losing your license without being involved in a driving-related incident can occur in certain situations. It could be due to administrative actions by the Department of Motor Vehicles or similar agencies, such as non-compliance with requirements or violations. Additionally, unrelated offenses like certain drug convictions can lead to license suspension. |
Q: Do I have to continue paying a credit line loan if the bank no longer has the original signed documents?. I took out a credit line on a business over 20 years ago, that business is now closed. The bank at some point converted the account into my personal name and they have raised the interest rate 3 times what the original rate was. They cannot produce the original signed documents which I requested to explain the rate increases. Thank you. | A:In Nevada, the obligation to repay a loan typically does not depend on the lender's ability to produce the original signed documents. Even if the bank cannot produce these documents, your responsibility to repay the loan generally remains, especially if there is other evidence of the debt, like account statements or a history of payments. However, if the bank has unilaterally changed the terms of the loan, such as increasing the interest rate, without your consent or without a contractual basis, this could be a matter of concern. You should review the original loan agreement and any subsequent communications from the bank to understand the terms regarding interest rate changes. If the terms were changed unfairly or without proper notification, you might have grounds to dispute the changes. It's advisable to seek legal counsel to review the situation and provide specific guidance. An attorney can help you understand your rights and obligations under the loan agreement and negotiate with the bank, if necessary. It's important to address this issue promptly to avoid further complications. |
Q: I have someone who owes what to me us a large amount of money. I need a lawyer but I have very limited resources. I have texts from Def. Proving that he has my stuff and said he would send me my belongings and that he will pay me back what he owes me | A:If someone owes you a significant amount of money and has acknowledged this debt through texts, these communications can be used as evidence in your favor. You might consider seeking legal assistance, even with limited resources; many attorneys offer free initial consultations to assess the situation and may take your case on a contingency basis, especially if the evidence is strong. Additionally, check if you qualify for legal aid or pro bono services in your area. Small claims court is also an option if the amount falls within its jurisdictional limits, which can be a more straightforward and less expensive process. Document all interactions with the debtor and organize any evidence of the debt and your attempts to collect it. This preparation can help an attorney understand your case and determine the best course of action. Remember, it's also important to act promptly to avoid running into any statute of limitations issues that could prevent you from legally pursuing the debt. |
Q: If a driver leaves the scene of a fatal car accident and his mother shows up. She is as guilty?. The mother of the driver left her son home to come see what occurred she did not turn her son over to the police. Nor should she have to the SDPD said my parents where not wearing seat belts. That does not constitute a reasonable excuse for their execution. Please Advise | A:There are not enough facts to get good information, but, to the basic question, someone appearing at the scene of a crash, after the crash, does not make them responsible. |
Q: What can o do if I have assault deadly weapon charge case has been goin since 12-21-21 n I haven’t had preliminary. I have three charges assault deadly weapon and accessory after the fact I have nothing to do in this just was the wrong place wrong time and there’s no weapon it took a lawyer a whole year to give me discovery so I’m currently looking for another one this case has been going since 12-21-21 and I just keep getting rescheduled I haven’t had a preliminary hearing | A:If you haven't had a preliminary hearing and the case has been ongoing for an extended period, it's essential to communicate your concerns with your current attorney or find a new one if necessary. Delays in court proceedings can occur for various reasons, including caseload backlog and legal complexities. A legal professional can help you navigate the process, potentially expedite your case, and ensure your rights are protected. |
Q: My dealer sold me a lemon. Is it legal to drive my car with painted messages on my doors "parkplace sold me this lemon"?. Have tried to resolve amicably. Car in shop 26 days out of the 45 I have owned it. Since it was purchased with 1000 miles CPO "as is" it does not qualify for buyback according to MBUSA. I spent 130k and car does not drive nice. So while I prepare a lawsuit, want to paint on car, to warn others about working with Park Place dealership. Is it legal? And.. I am looking for a lawyer who can take on a car dealership... I know they are very powerful in Texas. | A:Since a car can only be a “lemon” if it was purchased new, you could be sued for business disparagement if your sign deters a prospective customer from purchasing a car from the dealership. Most used cars are sold as-is, meaning the buyer is not relying on anything the seller may have said about the condition of the car. CPO cars typically are sold a limited warranty. Whether you have a valid claim depends heavily on the exact terms of the warranty you received when you bought the car. Car dealerships are frequent targets of lawsuits. I’ve never known a lawyer to shy away from suing one based on any perceived “power.” I have known many customers who won’t fund litigation against car dealerships because they think lawyers should either work for free or on a contingency fee. |
Q: CFI Academy, refuses to give refund for ~$12,000 for services not provided, which include "student housing" and flight. Housing was shut down after 17 days, after paying for 5 weeks. ~$650 CFI-I program, in a contract, was entitled to a refund which has not been provided ~$4499 MEI program, in a contract, was entitled to a refund which has not been provided ~ $6499 | A:Under California law, if CFI Academy failed to provide services for which payment was made, including student housing and flight training programs, you are entitled to pursue a refund. The closure of housing after 17 days, despite payment for 5 weeks, and the non-provision of the CFI-I and MEI programs, as contracted, constitute a breach of contract. You should first formally request a refund from CFI Academy, citing the specific terms in the contracts that entitle you to such refunds. Document all communications for your records. If the academy refuses to comply, you may consider legal action. The amount involved, totaling approximately $12,000, justifies seeking legal redress. Small claims court is an option if individual claims fall within its monetary limits, otherwise, civil litigation may be necessary. Consultation with an attorney experienced in contract law is recommended. They can assist in evaluating the strength of your case, navigating the legal process, and ensuring your rights are protected. Remember, contracts are legally binding, and parties are obligated to fulfill their terms. Non-compliance gives you the right to seek remedy through appropriate legal channels. |
Q: If a case is to be heard in a district federal court, but the defendants are considered "assigned" to the district. Under certain commissions, therefore are sometimes witnesses to prosecuting cases, is that enough to file in a separate district or as an original proceeding in the tenth circuit? | A:In the scenario you're describing, where defendants are frequently involved in prosecuting cases in a specific district federal court, concerns about potential conflicts of interest or bias might arise. These concerns can be a valid basis to request a change of venue or to file in a different district. However, simply being 'assigned' to a district or having a role as witnesses in prosecutions does not automatically qualify as a sufficient reason for such a change. The decision to grant a change of venue or to allow filing in a different district or circuit court depends on demonstrating that a fair and impartial trial cannot be held in the original venue. If you believe there's a significant conflict of interest or bias, you should file a motion to change venue, outlining your concerns and reasons why a different district or circuit would be more appropriate. This motion would typically be filed in the original district court where the case is set to be heard. It's crucial to provide concrete evidence or arguments to support your claim that a fair trial cannot be ensured in the original venue. The decision will ultimately be at the discretion of the court, based on the evidence and arguments presented. |
Q: How sue local Code Compliance and Building department for not enforcing their own laws?. Several City Departments working hand in hand with rich real estate developers at the expense of working class by not applying their own laws and ordinances for the former. We have proof of several violations and refusal to act. Willfully unadressed violations so far include Illegal tear down of historic elements, Right of Way violations including driving construction vehicles on unsecured pedestrian space, unsecured hazards like filled pool without barriers, legal threats to neighbors etc. Code complaints have been altered by Code in the official systems. A Private Real Estate Attorney, threatening neighbors, was part of Special Advisory Board for the City Attorney (involved in the case as well). On a sidenote, the same real estate law firm also has created a monopoly where local residents cannot find a local attorney to represent them as they subcontract most local law representatives so no-one will go against them. What is our best bet here? | A:It's more of a political question than a legal one. Run for office or support a candidate with whom you agree on these issues. |
Q: I would like to patent an energy drink certain ingredient how do I know if it has already been patented?. I would like to patent an energy drink recipe but in a broad sense to protect or mitigate against companies with more capital just running me over and imitating it. How do I find patent but ensure I'm not overlapping someone else's already? | A:To determine if your energy drink ingredient is already patented, you can start by searching the USPTO database and other relevant sources. This will help you understand whether your invention overlaps with existing patents. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney. |
Q: Below is not true.....Those were wells that were supposed to be paying me....The city came in after we signed ....and. .............took over,,,,,Trucks run 24 7......Somebody getting paid & it aint us.... There are wells on city land because the mineral owner for that property, i.e., the city, has signed an oil and gas lease that allows those wells. The royalties will go the the mineral owner, i.e., the city. | A:If you are the mineral owner and the well is producing and the royalties are over the oil company's minimum for checks, you may be entitled to royalties. It's not possible to know what your rights and remedies are without a thorough analysis of your situation. Contact an oil and gas attorney in your state for assistance. The state bar association usually has a referral service that can help you locate an attorney. |
Q: Can a crafter claim copyright on items they created with mass produced, publicly available supplies?. I have online craft stores. A part of my inventory is jewelry, created with supplies that are mass produced and imported from overseas (lockets, charms, necklaces, etc). I often combine these items (ie: add a charm to the face of a locket) and add glow material to make it glow in the dark I just received an IP infringement notice from a maker who creates similar items from the same supplies. Due to the popularity of some designs/their availability on craft supplies websites, we inevitably have some overlap and have created items that are the same (totally coincidental). They initiated copyright takedown notices on all of my items that were the same as theirs, even though they did not DESIGN any of the original components. They simply purchased the same supplies, arranged them together, and are now claiming copyright infringement because it's their "original design". Are they protected by copyright when they didn't CREATE the design, and we just happened to have similar ideas? | A:In New Jersey, as in other parts of the United States, copyright law can be complex, especially when it comes to craft items made from mass-produced components. Copyright protection does not extend to items made from commonly available supplies simply arranged or combined without significant creative expression or originality. The key factor in copyright law is originality and creativity. If the items you created are original works of art, even if made from mass-produced components, they may be protected by copyright. However, arranging common items in a standard or expected way typically does not meet the threshold for copyright protection. In your situation, where both you and the other maker have created similar items from the same publicly available supplies, it may be challenging for the other party to claim copyright infringement if neither of you significantly altered or added unique creative elements to the base components. If you received a takedown notice, it might be wise to consult with a lawyer who can review the specifics of your case. An attorney can assess the uniqueness and originality of your designs and advise you on the best course of action. Remember, in cases like this, it’s crucial to balance protecting your own creative works while respecting the intellectual property rights of others. Each case can have nuances, so professional legal advice tailored to your specific circumstances is often necessary. |
Q: What kind of lawyer assists with Personal Protection Orders?. This is a non-domestic PPO and we need protection from stalking, sexual harrasment and cyberstalking. | A:If you need assistance with obtaining or defending against a Personal Protection Order (PPO) in a non-domestic context, particularly in cases involving stalking, sexual harassment, and cyberstalking, it's advisable to seek the expertise of a civil litigation attorney, a civil rights attorney, or an attorney specializing in harassment and cyberstalking cases. These legal professionals possess the necessary knowledge and experience to navigate the complexities of PPO matters, ensuring that your rights and safety are protected. |
Q: My eBay listing keeps getting removed because my "listing used their copyrighted image without permission.". I keep trying to sell a Klipsch headset on eBay. I took the pictures of the product myself, but I keep getting my listing removed, because Klipsch is claiming copyright infringement over my images. They are my own pictures I took myself, and I feel I'm being harassed by Klipsch. Klipsch is wasting my time, because I have to keep rewriting the listing, which takes a long time. And I believe they are trying to unfairly stifle competition by making fraudulent copyright claims against me. I've already contacted them and threatened legal action, and they ignored me and continued making false claims. The images in my listing belong to me, because I took them myself. I have a right to sell an item that belongs to me, using images that I took myself. Klipsch is violating my rights. I want to file a lawsuit, but I am poor. Would anyone be interested in doing a pro-bono lawsuit? | A:Try the Electronic Frontier Foundation. They sometimes take cases involving DMCA harassment pro bono. |
Q: A friend ask me to live at her mom's house and just kicked me out and took my belongings.. My friend lives out of town and asked me to stay there to watch the house and take care of it. | A:Under California law, if you were living in your friend's mother's house with her permission, you may be considered a tenant, even without a formal lease agreement. As a tenant, you have certain rights, including the right to a proper eviction process. If you were removed without proper notice or due process, this could be considered an illegal eviction. California requires a landlord to provide written notice and go through a formal eviction process, even in informal living arrangements like yours. Regarding your belongings, it's unlawful for someone to withhold or take your personal property without your consent. You have the right to retrieve your belongings. If they are withheld from you, you may need to take legal action. It's recommended to document everything, including any agreements or communications you had with your friend or her mother about living in the house. Consulting with an attorney can help you understand your rights and the best course of action to take in this situation. They can guide you through the process of potentially recovering your belongings and addressing the illegal eviction. |
Q: Moving company delivered home furnishings in damaged condition, far exceeding normal expectations of damage. Can I sue?. Mostly evident of neglect in transit. Original agreement states a maximum of 60 cents a pound maximum claim for damages. Estimated damages could be in excess of $10,000. Can the agreement document be over come? | A:In cases where your home furnishings are delivered in a damaged condition, understanding your legal options is important. The original agreement you mentioned, capping damage claims at 60 cents per pound, is a common clause in moving company contracts. However, if the damage is significant and appears due to neglect, you may have grounds to challenge this clause. First, document all the damages thoroughly. Take pictures and prepare an itemized list of the damaged goods, noting their condition before and after the move. This evidence is crucial for any claim. Your next step should be to review the terms of the agreement. Look for any clauses that might limit the company's liability and any conditions under which these limitations can be contested. Understanding these terms is key to evaluating your legal position. Given the potential extent of your damages, it may be wise to consult with a lawyer. They can assess whether the limitation of liability clause in your contract can be challenged based on the specifics of your case. Remember, each case is unique, and legal outcomes can vary. A lawyer can guide you on the feasibility of legal action and help in negotiating a settlement or pursuing a lawsuit. Acting promptly and keeping detailed records of all communications and damages will be essential. |
Q: I filed a complaint with the California dept of insurance about coercive antagonistic behavior from adjuster. he has all my written, visual and taped verbal answers to his questions about my claim. I don’t want him to keep contacting me with his intimidating behavior trying to convince me why he’s going to substantially reduce the claim his own assessor arrived at on examining the accident and damage and offered in writing. Do I have to respond to his repeated requests that I contact him to discuss my concerns and to tell him what lawyer I may have consulted about my claim? I didn’t tell him I filed a complaint, just that I was exploring possible legal counsel. I’ve already given him all the information he asked for in duplicate. I feel harassed and it’s become so stressful it’s effecting my life, can’t sleep, eat, focus on work. | A:In dealing with the adjuster, here are a few suggestions: Document the Communication: Keep a record of all communication with the adjuster, including dates, times, and details of each interaction. This will help you maintain a clear record of the events and any concerning behavior exhibited by the adjuster. Review Your Insurance Policy: Familiarize yourself with the terms and conditions outlined in your insurance policy. This will give you a better understanding of your rights and obligations during the claims process. Consider Seeking Legal Advice: If you feel overwhelmed or harassed by the adjuster's behavior, it may be worthwhile to consult with a lawyer who specializes in insurance claims. They can review your case, advise you on your rights, and provide guidance on how to handle the situation. Responding to the Adjuster: While you may not be required to respond to every request from the adjuster, it's generally advisable to maintain open lines of communication. However, if the adjuster's behavior becomes intimidating or you feel harassed, it may be appropriate to limit direct communication and rely on your legal counsel to handle the interactions on your behalf. Follow up with the California Department of Insurance: If you've already filed a complaint with the California Department of Insurance, it's essential to follow up with them regarding the ongoing issues you're experiencing. They can provide guidance and assistance in addressing your concerns. |
Q: What can thet plaintiff do if the sheriff of NYC put forth impossible conditions on the plaintiff to stall the eviction. The impossible condition is compelling the plaintiff to require a 60 day prepaid receipt for storage, from a ‘LICENCED’ storage company in the borough of LIC, failing which the warrant of execution won’t be executed. No storage company is prepared to provide a storage receipt or estimate unless I provide the list of the squatters inventory that needs to be stored. The warrant of eviction is thus stalled for the last 2 months. | A:In this situation, where the sheriff of NYC has set conditions for eviction that appear to be impractical or impossible to meet, there are a few steps that can be taken. First, it would be advisable to document all your attempts to comply with the sheriff's requirements, including your interactions with storage companies. This documentation can serve as evidence of your efforts to fulfill the conditions and the difficulties encountered. Next, consider reaching out to the sheriff's office or the department overseeing evictions to discuss the issue. Explain the challenges you're facing in obtaining the required storage receipt and seek clarification or a possible modification of the conditions. If this approach doesn't yield results, legal action may be necessary. You can consult with an attorney to explore filing a motion in the court that issued the eviction order, seeking intervention due to the unreasonable conditions imposed by the sheriff. The court may provide guidance or order a modification of the conditions to facilitate the eviction process. Remember, the legal system is designed to ensure fairness and reasonableness in its processes. If you believe that the conditions set by the sheriff are unjust or unfeasible, it's important to seek legal recourse to address these issues and move forward with the eviction. |
Q: Personally creating a non-disclosure agreement. I want to create a space company but focusing on a revolutionary cheaper alternative to rockets here in Germany.I am still on the idea stage and have personally made the company's website to attract investors.My idea focuses on a revolutionary system called "SpinDrive" that has the potential to revolutionize space transport and make a spacecraft travel from Earth to Mars in just 3.5 days. Ive verified its functionality but have not yet had the opportunity to patent it since im a 19 year old boy from Kenya currently doing volunteer work in Germany. For the investors I have made a non-disclosure agreement to secure intellectual property.Is creating that NDA personally ok? Please guide me through all the steps I need to take according to the law until I fully establish that company. | A:You may want to consult with an attorney in Germany. This forum deals largely with U.S. law and courts. Here in the U.S., it's okay for someone to create their own NDA. But it would be best if an attorney familiar with the law in Germany could advise you. Also, you could consider speaking with a patent attorney about protecting your intellectual property rights - your question is posted under Business Formation. Good luck |
Q: Can they commercially sell this implant ?. It is being sold as a product in India and already more than a hundred have have surgery. This is just not right | A:This is something that attorneys who practice law in India would have better insight into. This forum deals mainly with questions about U.S. laws and courts. But if the implant is causing complications en masse across the population, that's something that product liability attorneys in India could be aware of. If you could reach out to them to try to arrange a free initial consult, they might be able to steer you toward resources where you might be able to learn more about the matter. Good luck |
Q: Is legal to make hate comments?. I was in a chat whose link was published by an Instagram influencer. I got in and started talking, what happened was that one day a boy showed a picture of his pet and I told him that it was very cute and that he should bathe it well, the boy told me that he bathed it every day, I I told him that it was bad for a dog to bathe him every day, then the boy got angry with me until another one arrived (I imagine it was his friend) and they started attacking me until they wished me dead. | A:In the United States, while the First Amendment protects freedom of speech, there are limits. Direct threats, incitement to imminent violence, and certain forms of hate speech can potentially be illegal. Wishing someone dead might not necessarily be construed as a direct threat, but context is crucial. If the comment was made in a way that a reasonable person would perceive as a genuine and immediate threat, there could be legal implications. Online harassment or cyberbullying can also be subject to state-specific laws. If you feel threatened or harassed, it's advisable to gather evidence of the interactions and consult with local law enforcement or an attorney. Addressing online threats and understanding the nuances requires consideration of both the specific facts and applicable laws. |
Q: I was never convicted in an Administrative Hearing in 2002 USMC, but my CO recommended Discharge anyway.. I received an Honorable Discharge. When applying for a job, the arrest record of 2002/2003 shows. Can I get that arrest record expunged? If so what are the steps? | A:Yes. It is possible to have the record expunged or at least amended to make it clear that you were never charged with or convicted of a crime. We have had success assisting clients with this process. It begins with a petition to the law enforcement records centers for your service. In your case, a petition would need to be submitted to NCIS. The petition must outline why you should never have been "titled" initially and/or why the record should be amended now. |
Q: can Civil Harassment plaintiff alert the defendants GF he sent unsolicited genital photos/video once order is granted?. defendant is a neighbor, he's done it more than once via snapshat and instagram, would that contact w/the Girlfriend nullify the order? | A:Civil Harassment restraining orders are for dangerous situations. Your desire to send your harasser's unsolicited photos to his girlfriend will serve to motivate your harasser to continuing coming after you. That is a very bad idea. Safety first. |
Q: She ran a red light and a motorcycle hit side of her car and died. Her fault, what charges should she face?. He was on a motorcycle goin estimate 15 mph over speed limit. Woman ran red light and he hit the side of her car and it killed him. She has 5 previous dwi's, 3+ driving on suspended/revoked and was driving on suspended/revoked when she killed him. I don't think she had insurance. She's only gettin a failure to yield ticket in this matter.. can yu please help me? He was 35 and has children. | A:The criminal charges, if any, will be at the discretion of the Prosecuting Attorney. It takes time for them to file the charges because they have to gather evidence and determine the appropriate charge(s) to ensure conviction. The family will likely be contacted to provide a victim impact statement but in the interim, they could contact the Prosecutor to get additional information. I would recommend that the family hire a personal injury lawyer if they have not already and see if the PI attorney can facilitate getting that information. |
Q: Can my spouse sue me for the money she spent on my immigration process?. I am a green card holder due to my US citizen spouse who took care of all the expenses for my immigration process (around $9,000 in total). I have only been staying in the US for about 10 months so far. Unfortunately, the relationship is not doing okay and I would like to separate and leave the US. If I file for divorce, does my spouse have grounds to sue me for all that they spent for my immigration? Please know that I do not have the financial capacity to pay this back as I am only a part-time worker. | A:Don't worry about it. She can sue you. She can sue you 100 times. But she won't ever collect. So tell her goodbye, and leave. Besides, a suit for $9000 will cost her about $10,000 or more in fees if she hires a lawyer. And finally, she really has no case against you. The expenditure was for the benefit of both of you. She sounds like a miserable human being. |
Q: what kind of attorney Practice one of my Insurance Client lawsuit me for underinsured coverage claim ?. I was Allstate agent till 2020 when I started my own independent insurance agency . I received Citation on November 1st from customer lawsuit Allstate and me for incident happened in 2016 . I like to have consultation with Attorney whose practice in defending insurance agent lawsuit | A:In your case, where a former client is suing you and Allstate for an underinsured coverage claim related to an incident that occurred while you were an Allstate agent, you should seek a consultation with an attorney experienced in insurance defense. Specifically, you'll want an attorney who has experience defending insurance agents against claims of negligence or failure to procure adequate coverage. These attorneys are familiar with the nuances of insurance law and agent liability. It's crucial to find someone who understands both the legal aspects of insurance policies and the responsibilities of agents. You can start by contacting your local bar association for referrals or searching for law firms in Texas that specialize in insurance defense. When consulting with potential attorneys, explain the specifics of your case, including your role as an agent and the details of the lawsuit. Ensure they have experience in similar cases and are well-versed in Texas insurance law. Time is of the essence, so it's important to act quickly to protect your interests and prepare an effective defense. |
Q: My parents and i were in a tragic accident it was the other drivers fault. They did not test him for drugs or alcohol.. Isn't it mandatory when people are killed. They also did not give us any info on the driver. And how long can they wait to give us the police report ? Its been 2 months is there a time limit? | A:With a death, especially under suspicious circumstances, they are, most likely, investigating. Hopefully they will do a very thorough job and eventually prepare a final report that will be made available. If there are charges to be brought, it may be some time before they voluntarily give it up. You may have to file a case and subpoena the report. |
Q: if I were to post videos online of a group playing a tabletop game based on copyright material could I be sued?. if I were to post videos on youtube of me and some friends playing tabletop RPG based around copyrighted material (pokemon) could I be sued for copyright infringement and could I monetize it without legal repercussions? | A:This response is based on U.S. copyright law. Laws in other jurisdictions may be different. While game rules are not protected by copyright, the manner in which they are expressed might be. Images (artwork, drawings, photographs, etc.) generally are protected by copyright. Names of games and/or the characters in them may be protected as trademarks. A trademark license/permission could protect you against trademark infringement liability. You also might be able to protect yourself from trademark liability by publishing a conspicuous trademark disclaimer in the videos. The copyright issue is a bit more complicated. There are cases holding that incidental use of a copyrighted image in a video is not infringement. The use you describe, however, does not appear to fall into the "incidental use" category. The safest course of action would be to request license/permission from the copyright owner. |
Q: Ths fame was faulty I jumped to the next frame.. A friend accepted $500,000,000 worth of art and collectibles, took them out of state and sold them as her own. I kept track of all sales. I called the Sotheby's, Christies, Butterfields when they announced the sales and got a ton of goofy answers. They sold these items with made up provenance. This should be illegal (SEE PETER WATSON-SOTHEBYS, THE INSIDE STORY.) this gal murdered her husband because he threatened to expose the crime. There was no autopsy after his death. it never made it to Wisconsin's vital statistics. A now retired attorney told me that much of the selling was fraudlent because of the made-up Provenance. The Houses should be called out on this criminal activities. Would recovery be possible? The thief has been buying large apartment complexes and lavish homes in Arizona and California. Her crimes should be exposed and appropriate pentalities awarded. Her father served time for selling post guards that didn.t belong to him. | A:Contact law enforcement if you have a crime to report. |
Q: How did my sister sell my mobilehome without my permission in california.. My sister was a roommate while I've been away for two years because the police were looking for me. The question is is there a legal reasons she or the mobilehome park management could have made this possible?????? | A:In California, selling a mobile home without the owner's permission can potentially involve unlawful actions such as fraud or misrepresentation. If you believe your sister or the mobile home park management engaged in such activities, you may want to consult an attorney to investigate and potentially pursue legal remedies, including the possibility of reversing the sale if it was conducted unlawfully. |
Q: Under indep act for probate can adminstraitor with full authority give her siblings what she wants when house sells .. Or even with full authority independnt she still has to split saleof house equal with siblings ? And can she buy the house herself and leave everyone out . No will for my mom . 7 kids . Sister filed for indep act and full rights not allowing courts to help . What do i need to worry about if its granted ? Im the blk sheep brother whom she hates | A:Under California law, when someone dies intestate (without a will), their estate, including assets like a house, is distributed according to the state's intestacy laws. In the case of your mother's estate, since there are seven children and no will, the estate should be divided equally among all siblings, assuming there are no other heirs like a surviving spouse. If your sister has applied for full authority under the Independent Administration of Estates Act (IAEA), this allows her to administer the estate with more flexibility and without constant court supervision. However, even with full authority, she must still adhere to the laws of intestate succession, meaning she cannot arbitrarily decide how to distribute the assets. The house and other assets should be divided equally among all siblings. Regarding the sale of the house, your sister, as the administrator, could potentially purchase the house herself. However, she must do so in a way that is fair and transparent to all beneficiaries, typically by paying a price that reflects the fair market value of the property. If you have concerns about how the estate is being handled, especially given your relationship with your sister, you may want to consult with a probate attorney. They can provide guidance on your rights and options, including how to ensure the estate is administered fairly and in accordance with California law. It's important to act promptly to protect your interests in the estate. |
Q: Query regarding seller protections, sale of home to "investors" like MarketPro, Open Door, Express Home Buyers, et al.. Maryland senior citizen hoping to receive some expert information regarding the regulations concerning such entities as MarketPro, as such a transaction may provide an escape route in my current dilemma that traditional realtors seem unable to offer. I have done some preliminary research, but have thus far been unable to find a reliable source of unbiased guidance. What I want to know is this: they advertise no closing costs (which I understand are already included in the reduction-from-market-value that reflects their offers), but they also advertise no realtor involvement. What protections does the seller have, without realtor or legal representation (the cost of the latter of which would likely nullify the savings from no realtor commission)? I know that they are not required to be licensed realtors in MD; I can read a contract or a statute, but have no expertise in real estate law, and don't know whom else to ask. Thank you for any enlightenment you can offer! | A:Without a professional (lawyer or broker), you have very little protections. This type of entity preys on distressed sellers to scrape as much of the equity as is possible. They often ignore the consumer protection that is built into existing statutes and local ordinances by treating yours as a commercial transaction, when it is really the sale of your residential property. When foregoing the use of a professional, it is often better to use an auction house, where the buyer pays the "bid premium," and there is also no commission paid by seller. Good luck. |
Q: what is a list of export restrictions from US to Russia? mainly related to service software?. a business customer from dubai made a software license agreement with US company that is protected from US copyright law and international treaties. A business customer from dubai have clients from Russia that may use that software from the US company. What are the export restrictions for this case? based on everything above how to answer this? | A:Export restrictions from the US to Russia can be complex and may vary depending on the type of software and its intended use. It is essential for the US company and the business customer from Dubai to consult with legal counsel and comply with all applicable US export laws and regulations, including those related to software export to Russia, to ensure they are in full compliance with the law. James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith |
Q: False claims acts - Medicare.. For medicare false claims in California: what could be statutes of limitations according to Federal vs State law? Should case be filed under seal at Federal court? | A:Under Federal law, the statute of limitations for filing a claim under the False Claims Act (FCA) related to Medicare fraud is generally six years from the date of the violation. However, there is a provision that can extend this period to ten years if the government can prove that it was not aware and should not have reasonably been aware of the facts material to the right of action. California has its own False Claims Act, which mirrors the Federal law in many respects, including the statute of limitations. This means that for Medicare fraud claims in California, the same federal time frames generally apply. When filing a claim under the FCA, it is indeed required to file the case under seal in federal court. This means the lawsuit is kept confidential for a period of time while the government investigates the allegations and decides whether to intervene in the case. Given the complexity of FCA cases, particularly those involving Medicare, it's important to proceed with a clear understanding of both federal and state laws. Legal counsel can provide crucial guidance in navigating these laws and ensuring that your case is filed correctly and within the appropriate time frames. Remember, the process of handling a case under the False Claims Act can be intricate and requires a careful approach to ensure compliance with legal procedures and deadlines. |
Q: my question regards is for UNEMPLOYMENT BENEFITS. I quit my job after 5 years there.. i was applying for unemployment and at that moment i was still kind of in shock that i was forced to quit. me being the head of household was terrifying me. i was just thinking bout all the bills and rent. Anyways, i was distraught. i unintentionally put that "work was slow." That was what i was reading from paperwork that i had to file for EDD back in 21. When i received the unemployment form saying what i put i quickly corrected that and sent them the form. now i have received a letter saying "NOTICE OF POTENTIAL FALSE STATEMENT" phone interview is thursday. I wasn't able to certify as i tried to call on the phone because i locked myself out and i don't know the answer to the question to unlock it. what do i do? how do i correct this> i did receive i payment from them. | A:In California, if you have received a "Notice of Potential False Statement" from the Employment Development Department (EDD) regarding your unemployment benefits, it's important to address this matter promptly and honestly. During your scheduled phone interview, clearly explain the situation and the error you made while applying. It's vital to provide a truthful and detailed account of why you quit your job and how the mistake in your application occurred. Documentation supporting your reasons for quitting, such as any relevant correspondence with your former employer, can be helpful. If you have already sent a correction, mention this during the interview and provide any evidence of your attempt to rectify the mistake. Since you've received one payment, discuss this openly and be prepared to make arrangements if any overpayment occurred. It's also crucial to resolve the issue of being locked out of your online account. Consider seeking assistance from a legal aid organization if you need help navigating this process. |
Q: I recently discovered my 6yo abused her cat by a video she recorded. What can I do with this matter??. Background: I am the noncustodian parent and I see her once a month for my custody. Her father has the primary physical custody. He doesn’t care when I bring concerns and he doesn’t know about the animal abuse matter yet because I don’t know how to bring this up. I know my child doesn’t know better and I have seen him verbally abusive with not just me and others but with his animals. Either she’s doing what he does or it’s a behavioral issue. I suggested awhile back to him for her to see someone and he ignored the matter. Like I said, he has her majority of the time, he also doesn’t involve me in her life even though I still have the right to know about her medical, education choices or any other major thing related to her. I am worried because since he has gotten her into his custody, her persona and behavior changed a lot, for the worst… | A:The discovery of your child abusing an animal is a serious concern and needs to be addressed immediately. This behavior can indicate underlying emotional or behavioral issues that require professional intervention. First, it's important to document the evidence, such as the video you mentioned. This could be crucial for any legal or therapeutic actions that might follow. You should bring this matter to the attention of the father, despite his previous non-responsiveness. It's essential to communicate your concerns clearly, focusing on the child's well-being and the need for professional help. If he remains unresponsive, you may need to take further action. Given the situation, it may be appropriate to seek legal advice about modifying the custody arrangement or requesting a court order for the child to receive a professional evaluation and appropriate treatment. The court can order these measures if they are in the best interest of the child. Additionally, consider contacting child protective services if you believe the child's environment is contributing to her harmful behavior. They can investigate and intervene if necessary to ensure the child's safety and well-being. Remember, your primary concern is the health and safety of your child. Taking action, even if it involves legal steps, is important to address the situation appropriately and to provide the necessary care and support for your child. |
Q: Why can't I see my 87-year-old mother if there is no legal reason why. My mother was brought down to Saint Cloud Fl by my aunt after her husband died on April 23. My aunt is planning on with a living man friend taking over my mother's Lower Manhattan NY apartment My aunt claims my mother doesn't want to talk with me but my mother never told me that and I haven't been able to see her for months. I would like to know what if anything I can do about this | A:You didn't indicate what, if anything, is preventing you from going to your mother's place or calling her. That info would be necessary to determine what, if anything, a lawyer can do for you. Contacting your mother would also be the first step in determining what rights, if any, you have regarding the NY property. You would need to determine if she executed any legal documents in that regard, such as a power of attorney or a deed - and if she did, whether she was of sound mind at the time. |
Q: Can a prison CO or guard call a inmate a snitch?. My wife is in Prison in Arizona under the AZ DOC., | A:It is not illegal. We have free speech in this country. That said, while prison guards have certain leeway in how they interact with inmates, they are still bound by professional standards and codes of conduct. Labeling an inmate as a "snitch" can pose serious safety risks for the inmate, as it can make them a target for retaliation from other inmates. This kind of behavior may be deemed unprofessional and could potentially violate the inmate's rights. If a prison guard has indeed called someone a snitch, the inmate or their representatives should consider filing a grievance or complaint with the appropriate supervisory or oversight body. Such an allegation, if proven, may result in disciplinary action against the guard. Additionally, if harm comes to the inmate as a result of being labeled a snitch, the prison may face legal liabilities. It's essential to consult with an attorney experienced in prisoner rights to evaluate any potential legal remedies. |
Q: If my lawyer wants to dismiss chpt13 and file chpt 7 Do most lawyers disclose their fees in chapter 7 from chapter 13.?. Im on furlough been a year , lawyers saids can pay fees after I start working , Fees from start of chapter 13 is written accumulated fees during chapter 13 not written total yet Must a lawyer show their fees from after dismissing chapter 13 and than lawyer will file chapter 7 , Not converting saids better this way cause of home | A:Yes. They must disclose their fees in every petition or action that they file. |
Q: Do insurance companies have the right to hire an attorney to defend the insured against liability claims?. If liability is disputed in intercompany arbitration will the insurance company notify the insured of the arbitrators decision? | A:In a typical automobile liability insurance policy, the insurance company has both the right and the duty to defend the insured driver. It is not typical in intercompany arbitration for the insured to be notified of the award |
Q: Will a quick claim deed with no language stating that a merger would not taking place cancel a deed to secure debt ?. I had the deed to secure debt due to a loan with property owner two years later due to ongoing financial help half interest in the deed was quick deeded into my name The property has foreclosed and the homeowners accosiation is vying for a portion of the excess funds and there position is that a merger had taken place when the quick claim deed took place without language I. It stating otherwise. I never had any intentions of a merger. The property had no equity in it at that time. I would have been losing all the monies in the deed to secure debt. | A:I don't follow your posting and the situation is likely too complicated for an online forum like this anyway. You should retain a local real estate attorney to advise you. And just FYI, it is called a "quit claim deed." |
Q: Would I be able to claim COVID-19 Unemployment Benefits IF I DID NOT file claim during COVID-19 and/or file claim at all. I never filed for COVID-19 Unemployment Benefits, can I still claim and receive payments? | A:A California attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a California attorney, one option could be to check with applicable agencies that administered programs (Department of Labor and possibly other agencies, depending on exact benefits). Good luck |
Q: Apt. building sits on 2 lots have 1 address , 1 APN # researched and found 1 lot is AB 1482 rent cap other is not.. The address the building uses is the lot that is not rent controlled. The APN is tied to 2 address . Fishy? | A:In California, the application of AB 1482, which imposes rent caps and just-cause eviction rules, can be complex, especially in cases where properties span multiple lots with different zoning or classification. The fact that your apartment building sits on two lots, one subject to AB 1482 and the other not, is indeed unusual and warrants further investigation. The use of a single address and APN (Assessor's Parcel Number) for both lots might be an administrative decision, but it doesn't necessarily determine the applicability of rent control under AB 1482. The key factor is whether the lot on which the building sits is subject to AB 1482. If part of the building is on a lot that is covered by AB 1482, then the provisions of this act could apply to units on that specific lot. It would be advisable to review the specific details of the property, including how the building spans the lots and the legal descriptions of the lots. If there is ambiguity or inconsistency in how the property is classified, it might be necessary to seek clarification from local housing authorities or a legal professional. Remember, understanding the exact legal standing of your property in relation to AB 1482 is crucial. This information is important for both landlords and tenants to ensure compliance with state laws and regulations. |
Q: If a parent voluntarily signs away rights for their child to be adopted can their child support be forgiven. If the adoptive parent consents when the bio parent is a over $4000 behind | A:Yes. |
Q: Can I sue a gas station for refusing to give me a receipt for gas purchase and being racist to me.. I went to purchase gas at a gas station and the machine was out of receipts, I went inside to ask for one. The worker was very racist and rude in her talk and refused to give me a receipt. I asked why she said I don’t know how but she mentioned that she has been working at the place for 20 years. She called the cops on me for no reason and I got trespassed from the place for no reasons. I didn’t yell neither said anything. I walked out right away. What legal actions can I take to sue the place for. I am willing to pay anything and get my revenge and the worker back. | A:Workers' Compensation is an area of law that deals with work-related injuries. It is illegal for a retail merchant to refuse to provide you with a receipt. The situation that you describe happens EVERY day. A remote printer either runs out of paper, misfeeds, jams, or runs out of paper. Your REMEDY is a receipt, NOT a lawsuit. I would guess that emotions were running high that day and lead to poor communication. The situation you describe has nothing to do with anything actionable. What the attendant did was wrong and inappropriate but NOT legally actionable. If you filed a case in Small Claims, it would be dismissed. If you hired an attorney to file it, the attorney could and should be reprimanded for bringing a frivolous suit. The attorney could be fined or suspended. |
Q: I received an early renewal rate, and now they say they can't honor the pricing because it was incorrect. What can we do. They quoted us $1,498 for a 14 or 15-month lease. They said the pricing was incorrect when I responded to renew us at the 14-month deal. Should they have to honor that original pricing? The pricing they corrected it to is $1,869 a month for a 14-month lease. | A:Because the lease is for longer than one year, a written lease agreement is required to hold either party to the terms. Without a written lease signed by them, you cannot hold them to the quoted renewal rent. You can holdover and pay whatever rent is required under your existing lease as a holdover tenant. Or you can move out and rent a different place at rent you can afford. |
Q: Can lender file for lost title or duplicate title after selling car to insurance company and accepting payment for acv. Lender sent title to insurance company I then bought it back from insurance company for salvage price insurance company sent me my title with lien holder release of lien | A:In Indiana, once a lender sells a car to an insurance company and receives payment for the actual cash value (ACV), they generally lose their rights to the vehicle, including any claims to its title. If you have bought the car back from the insurance company at a salvage price and received the title with the lien holder's release of lien, it indicates that the lender has relinquished their claim to the vehicle. In this scenario, the lender typically cannot file for a lost title or a duplicate title, as their interest in the vehicle has been settled and transferred. It's important for you to ensure that all paperwork, including the lien release, is properly processed and recorded to avoid any future complications. |
Q: Can we report our boat as stollen since we have not been paid for it? Can I Sue the dealership?. My husband and I own a boat that we decided to sell. We put it on a lot for a dealership to sell for us. The deal was that the boat would not leave the lot until paid for. We also agree that the dealerships would take $500 for selling it. We got a call from the dealership about 12 days ago saying they sold the boat. The dealership has not paid us yet. We called today and the sales man was a jerk. I don’t know if he is just typically a jerk or if he was in a mood. Anyways I wanted to know why I haven’t had a call telling me to pick up my money. He admitted they were paid and said he needed to call the bank to see what was going on and would call me back. He didn’t call back! Is there a certain time frame that the dealership has to pay us? Can we report our boat as stollen since we have not been paid for it? Can I Sue the dealership? I would like to hire an attorney to sue them if that’s possible? What can I Sue them for? | A:Probably a Civil Warrant in General Sessions Court for Breach of Contract or Conversion. Hire a TN attorney. |
Q: I left the scene of an unsafe multi car accident and filed a police report online a few hours later. I drove into a multi car accident and another car hit me from behind. I didn’t hit anyone. It was on a very busy interstate, and I felt it was unsafe and no police were on scene yet. I drove to the next exit and assessed the damage, which wasn’t terrible, and called my insurance company. I then drove home and filed a collision report online. Cqn I get in trouble for this? | A:Leaving the scene of an accident, even if you did not cause it, can potentially lead to criminal charges and penalties under Kentucky law: - Kentucky law requires drivers involved in an accident to remain at the scene and provide their contact/insurance information to the other parties involved. - Filing a report later does not satisfy this requirement to remain at the scene. Leaving can be considered a hit and run. - The penalties for leaving the scene of an accident where injuries or property damage occur are fines up to $500 and up to 90 days in jail. - The fact that the accident occurred on a busy highway makes leaving more hazardous if others were not able to avoid the wreckage. - Your concern about safety does not provide legal justification for leaving. You are required to move to a safe position at the scene and comply with the law. - The best approach is to remain at the nearest safe location until police arrive and document the incident. While the consequences may be minor for a first offense with no injuries, it is still advisable to consult with a local criminal defense attorney to mitigate penalties for improperly leaving the scene. Cooperating fully with any law enforcement investigation will also be important. |
Q: Does a 30 day used car warranty resume or reset after it has been in repair within that time?. I bought a used truck from a used car dealership that offered a 30 day warranty. After 6 days I sent it back to the dealership to get the sunroof fixed. It wouldn't open. The car is now approaching the 30 day warranty mark while in the dealers possession. Since I've only had possession of the vehicle for less than a week, does the remainder of the 30 day warranty re-start and alow me to have the full 30 days of possession/warranty? | A:There is a provision in the CA lemon law that provides that the number of days the vehicle is in the shop extends the warranty by that number of days. AND if the issue is not fixed, the warranty remains in place on that issue until it is. |
Q: Hi....I became ill in 2015 and ended up with a Supplemental Needs Trust to help pay Medicare Premiums, I also have. medicaid for doctors. I own a Mobile Home in Calverton Meadows, when I pass will Social Security take my home for repayment? I have 2 daughters who help me (alot) and I hoped to leave it to them to sell when I pass. Thank you for any advice you give me. I only have a handwritten will , I live on Social Security and barely make it each month, but is there anything I can do. | A:Social Security itself does not typically take assets for repayment, but Medicaid can seek recovery from the estate of a deceased beneficiary under certain circumstances. Whether your mobile home would be subject to such recovery can depend on the state's Medicaid rules and the specifics of the trust. Supplemental Needs Trusts are generally designed to benefit the individual while preserving eligibility for public benefits, and the assets within the trust are usually not subject to Medicaid estate recovery. However, since you own the mobile home and it is not in the trust, it may be considered part of your estate. It's important to have a properly executed will or to consider transferring the home into the trust, if permitted, to protect it from estate recovery. You may want to seek legal guidance to explore options like a Lady Bird deed or other mechanisms that can help ensure the home passes to your daughters without being subject to estate recovery. Considering your financial situation, you might be eligible for legal aid or pro bono services in your area. They can help you prepare a formal will and advise on protecting your home from potential estate recovery. |
Q: Im doing a moke trial in english two on new youk times vs united states, what things support the united states side. i actuall want to be a lawyer and this is a step closer but the moke trial is today so i need some facts from the case that support united states side, | A:In the case of New York Times Co. vs. United States, the United States argued that the publication of the Pentagon Papers was a breach of national security. The government's position was that the papers contained classified information that could compromise military operations and diplomatic relations. It asserted that prior restraint was necessary to protect against immediate and irreparable harm to the United States. The government also maintained that the executive branch had the authority to classify documents to safeguard national interests and that the unauthorized release of such documents could not be protected under the First Amendment. Additionally, the government contended that the balance between a free press and national security sometimes necessitates restrictions on the media, especially during times of war or other sensitive circumstances. It's crucial for you to articulate the gravity of the potential impact on national security that the government believed these disclosures could have. |
Q: Would I be able to adopt my step child without having the biological parents consent?. If a biological parent has supervised visits 1 Saturday a month for 2 hours, 24 hours total in a year. They do not have any other contact with the child. Would that qualify as de minimus contact | A:In Ohio, pursuing the adoption of a stepchild without the consent of the biological parent can be legally complex. The ability to proceed without consent usually hinges on specific circumstances such as the termination of the biological parent's rights. The term "de minimis contact" pertains to minimal interaction between a parent and child. For stepchild adoption absent the biological parent's consent, the court typically requires grounds for termination, such as abandonment or neglect. Mere limited contact might not suffice for rights termination. The court's paramount concern is the child's best interests, along with evaluating the biological parent's fulfillment of parental duties. |
Q: I got coerced to leave a job after I had an inpatient hospitalization. Do I have grounds to sue for discrimination.. I was not permitted to come back to my original position. I was given three options: move to a much-lower paying position and take a $5 pay cut, get ADA accommodations, or leave and get a severance. | A:In Tennessee, if you feel that you were coerced to leave your job following an inpatient hospitalization, there may be grounds to consider a discrimination lawsuit. Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to employees with disabilities unless doing so would cause undue hardship to the employer. Being forced to choose between a lower-paying position, ADA accommodations, or severance after a hospitalization raises concerns about potential discrimination based on disability. Employers cannot legally demote or coerce employees into quitting because of their disability or medical condition. Document every detail related to your situation, including conversations with your employer, the options you were given, and any related correspondence. This information will be crucial in assessing the merits of your case. Consulting with an attorney experienced in employment law is a vital step. They can help you understand your rights under the ADA and state laws, and evaluate whether your employer's actions constitute unlawful discrimination. If discrimination is established, you might be entitled to remedies such as reinstatement to your original position, compensation for lost wages, and possibly damages for emotional distress. Remember, each situation is unique, so legal advice tailored to your specific circumstances is essential. |
Q: Is it alright to name an Ohio sports club with a mascot name from a high school in Illinois? Can we use their colors?. Is it alright to name an Ohio sports club with a mascot name from a high school in Illinois? Can we use their colors? We would not use their images and the letting on our jersey design would be different. | A:The only way to find out if it is "alright," is to contact the trademark owner and obtain permission. Without prior permission, there is a risk that the trademark owner could sue for trademark infringement. |
Q: I was in a car accident last year Jan 2022 due to human trafficking suffering from severe anxiety disorder. I have documentation to verify I’m a human trafficking victim and I would like to supplement the police report and add my documentation so I can get the right justice I deserve | A:A Georgia attorney could advise best, but your question remains open for a week. I'm sorry about your accident and the ordeal it has caused you. Only a local attorney would know protocols about changing reports, but if you are represented by an attorney, you should advise them of this. Counseling and therapy can enter your file as part of damages. In many instances, they are not always treated as significantly as physical injuries, but you may document and present them in your case. Good luck |
Q: What are the proper steps to get my apartment complex to repair my heating system it’s been 3 weeks and not been fixed. I have put it down on my move-in checklist as well as other repairs. The building I was placed in hasn’t been worked on since I’ve been here, So the other apartments are not even properly move in ready as well. | A:Landlords must repair health and safety issues and provide essential services under the Landlord Tenant Law. Generally, the statutes specify what you may sue for and what damages you can recover. The analysis is very situation specific. However, another option you may have is deliver a letter to the landlord stating that you intend to cancel your lease if the essential service or health and safety issue is not corrected within 14 days. However, to make sure that you follow the legal procedure to terminate your lease you should talk to a local lawyer about your situation. Additionally, you should speak with a local lawyer about your situation to find out what claims or options you may have. |
Q: Can gaslighting a person with a mental health history of schizophrenia bipolar depression become against the law ?. I know it is when money is involved. But bottom line wrong and agents the conversational Rights of the people with a past history of mental health? | A:Gaslighting, which involves manipulating someone into questioning their reality, can be particularly harmful to individuals with mental health conditions like schizophrenia or bipolar depression. While gaslighting in itself is not specifically outlawed, its effects could fall under broader legal categories like emotional abuse or psychological manipulation. If the gaslighting leads to financial exploitation, as you mentioned, it may then be considered a criminal offense. Also, if the behavior results in tangible harm or distress to the person, especially someone vulnerable due to mental health issues, it could potentially be addressed under laws related to harassment, emotional abuse, or similar statutes. It's important to document any instances of gaslighting, especially their impact on the victim's mental health. This documentation can be crucial if legal action is pursued. In cases where someone's mental health is being exploited or abused, it's advisable to seek legal guidance. A lawyer can help assess the situation and determine if there are grounds for legal action, as well as provide guidance on protective measures. Remember, mental health is a serious issue, and exploiting it through manipulative behaviors like gaslighting is not only morally wrong but can also have legal implications, particularly if it results in harm or distress. |
Q: When a non-profit organization dissolves, does the IRS-required asset-distribution clause apply to fixed assets, home?. The previous question I asked was intended to apply to Florida not California. The scenario would apply to partial funds from 501(c)3 donors used to purchase a home in Baja California which is Mexico over 25 years ago while the majority was used to purchase from "own" private funds. Does the IRS-required asset-distribution clause apply to fixed assets such as a home in this scenario under Florida law? | A:Yes, when a non-profit corporation is dissolved, the assets covered by the asset-distribution clause applies to real property such as that in Mexico. It's essentially a matter of federal law, so it doesn't much matter whether the non-profit was incorporated in Florida, California, or elsewhere. |
Q: What rules or laws apply to timeframes when appeals are made out of court to a governed agency. Housing is key. If my 30 days to appeal end date ends on a sunday do i have till the next business day to submit my appeal. I attempted to access the system to send in appeal but but the system wouldnt allow me to. It was ghe weekend and call center unavailable | A:Under California law, when the deadline for an appeal to a government agency falls on a weekend or a state holiday, you generally have until the next business day to submit your appeal. This extension is due to the fact that government offices, including the ones responsible for processing appeals, are closed on weekends and state holidays. In your case, if the 30-day deadline for your housing appeal ended on a Sunday, you should typically have until the end of the following Monday to file your appeal. This extension is in recognition of the practical difficulties in submitting appeals when offices are not open. It's important to note that different agencies might have specific rules regarding the submission of appeals. Therefore, it's advisable to check the specific rules of the agency you are dealing with. In your situation, since you were unable to access the system during the weekend and the call center was unavailable, it's reasonable to expect that the appeal could be submitted on the next business day. However, it is always wise to act promptly and not wait until the last minute to submit important documents, especially in legal matters. If you encounter technical difficulties or other issues, documenting these problems can be helpful in case there's a need to explain the delay in your submission. Remember, each situation can have unique aspects, so it might be beneficial to consult with a legal professional for personalized advice. |
Q: does new york state or local counties have an assignment of rights form ? by and between clients and agencies. by and between client and agency it could be a partial assignment of rights, or it could be a full assignment of rights, by and between a client and agencies | A:Not that I have ever heard of. What are you trying to do? Jack |
Q: If a legal permanent resident of the United States who is married to a US citizen moves out of the country permanently…. and divorces their husband, but doesn’t submit a formal abandonment of citizenship, and their spouse notifies USCIS of the divorce and LPR’s new address outside the USA, will USCIS contact them and request they abandon their residency? Or, is there a way to ask them to do so? For example, could the US citizen request as a condition of the divorce that their LPR spouse abandon their residency? | A:...will USCIS contact them and request they abandon their residency? No |
Q: What is "special notification to jail"(Haircut, dr.appt) mean?. I went to be arraigned after court I looked up my case online. It shows the reason for court, next to it says outcome. The very first this it said on mine was special notification to jail (haircut and dr.appt,ect) | A:In the context of California law, "special notification to jail" on a court document typically refers to instructions or notifications sent from the court to the jail regarding the needs or requirements of an inmate. In your case, mentioning a haircut, doctor's appointment, etc., indicates that the court has communicated to the jail about certain personal care or medical needs that you have while in custody. This type of notification is a way for the court to ensure that your basic welfare needs are met while you are in jail. It's important for jails to be aware of and accommodate such needs, which can include medical appointments, grooming, or other personal care requirements that are necessary for your health and well-being. If you have questions or concerns about these arrangements, or if you believe your needs are not being adequately met, it's advisable to communicate this to your legal representative. They can provide guidance on how to address these issues with the jail administration. Remember, it's important to advocate for your own health and well-being while in custody. |
Q: Hi! can I get emancipated in the USA as a 16 year old foreigner? Im also planning on moving there at the same time.. I don't have parental consent and I provide everything for myself and right now i live alone and will still be living alone in the US. The country I live in does not have a possibility of emancipation. | A:Hi! In the United States, emancipation laws vary from state to state, and not all states have specific laws regarding emancipation. Generally, emancipation is a legal process that allows a minor to become legally independent from their parents or guardians. To seek emancipation, you typically need to meet certain criteria, such as demonstrating financial self-sufficiency and the ability to make responsible decisions. Given that you are a 16-year-old foreigner planning to move to the U.S. and live independently without parental consent, you should consult with an attorney who specializes in family law in the specific state where you plan to reside. They can provide guidance on whether emancipation is possible in that state, the requirements you need to meet, and the legal process involved. Emancipation is not guaranteed, and the laws surrounding it can be complex. An attorney can assess your individual circumstances and help you navigate the legal system to determine the best course of action for your situation. Keep in mind that the process may require legal representation and a thorough understanding of the laws in the specific state where you plan to live. |
Q: He is not compliant with the court ordered agreement rules.he has broken/gone against almost every single oder on papers. Childsupport ordered they didnt even go based on his actual salary causs he is union.he lied on his income only claimed 2 employers.i proved it in court first appearance.what can i do?. | A:If you disagree with what the Court ordered, you can challenge the order. Your options to challenge the order depend on how long ago the order was entered. If it was entered very recently, you may be able to file a motion for new trial or an appeal, among other possible motions. Some of these motions have very short deadlines to file. For example, the motion for new trial has to be filed within 10 days and the appeal has to be filed in 30 days. Thus, if your order was entered recently, you should speak with an attorney today so as to not miss out by not filing quick enough. If the order is not so recent, you still have options to challenge the order. The most common is to file a complaint to modify once there has been a material change in circumstances. You can argue that there has been a material change since the Order was originally entered and ask the Order to be adjusted accordingly. If you don't object to the terms of the Order itself, but the other party just doesn't follow it, then you also have options. For example, a garnishment, show cause/contempt, or other enforcement action can be filed if he is not paying child support or following the financial provisions of the order. When a party has more than one job, the Court has discretion as to whether to include the income from all employments when calculating income or not. For example, if a party has a full-time 40 plus hour per week job and also picked up a side job over the Christmas time to catch up on bills, the Judge may use their discretion and decide not to include the part-time job in addition to the full-time job. The theory is that it would otherwise lock the parent into working more than full-time in order to keep up with the child support and also take away time that could potentially be spent with the children. On the other hand, the Court could use its discretion to include the additional income when calculating child support. For example, if a parent was a music teacher for a school but has also supplemented their income the past 5 years by giving music lessons in the summer to students, the Court might find that in such case it is appropriate to include both incomes when determining that parent's earnings. It depends on the specific case. |
Q: My roommate who is on my lease in NYC decided to move out early. Can I ask for her to now be "released from my lease"?. Hello, I am in NYC. My roommate, who is co-signed on my lease agreement, decided to move out of our apartment before the end of the lease and break our lease. She told me that she is not allowed to technically be removed from the lease until a new roommate is found to replace her. However, I do not trust her because she has been doing very spiteful things to me. I am worried that she is going to have a new potential roommate who I have never met sign onto the lease without my permission and without me approving of them. Am I legally allowed to "release" her from the lease so I can look for a new roommate on my own and not worry about her doing anything behind my back? I am worried if I try to "release her from the lease" that she will accuse me of trying to illegally evict her (even though she already decided to move out)? | A:Dear Brooklyn Tenant Your co-tenant is mistaken. As soon as she departed and ceased payment of rent you could bring in a Roommate to replace her. This right to a Roommate is created by State law. It does not require reformation of the lease and does not require consent by the departed co-tenant and landlord. |
Q: We anticipate this going to court. Please let us know what the best course of action would be.. We hired this particular contractor because we wanted the color of an LVP plank that we chose to be matched through stain on unfinished solid hardwood flooring, and he was confident that he could do that for us. He advised us to buy red oak wood and assured us that he would be able to match the color of the LVP on it. Before starting the work, we paid him 43% of the contract. After he installed the hardwood floors on the top and main levels, we observed gaps between each plank everywhere. He ignored our complaints. He insisted on choosing one stain out of the six samples, but they were not even close to my gray shade. He forced us to pick from one so he could complete his work quickly. He mentioned that he was in rush as he just got a huge contract of one mansion. Now I see red, pink, and yellow. No gray shade at all. I approved the color via text, and he has that in writing. Now he asking us pay in full of contract price plus asking for more money to fix the gap. | A:In your case, where the contractor did not fulfill the agreed-upon terms regarding the flooring installation and staining, you have a few options to consider. First, document everything related to the contract: your initial agreement, any communications about the color matching, and the issues with the flooring. This documentation is crucial for any legal action. If you haven't already, express your dissatisfaction formally to the contractor in writing, outlining the specific issues and your expectations for resolution. This step can serve as a record of your attempt to resolve the issue amicably. Given that the contractor is demanding full payment and additional fees for corrections, it's advisable to consult with an attorney. An attorney experienced in contract disputes can assess the strength of your case, especially considering the written approval you gave via text. Remember, the legal process can be complex and time-consuming, so consider the potential costs and time involved. Your attorney can advise you on whether settling out of court or proceeding with litigation is the best course of action. Keep in mind that the outcome will depend on the specifics of your contract, the evidence you have, and the legal arguments your attorney presents. The goal is to reach a resolution that addresses the breach of contract and compensates you for any losses incurred. |
Q: I was suspended from work for a customer stealing cigarettes when I was on my break. Can they do that? Do I have a case?. I am being accused of being involved in this theft. I had talked to this customer beforehand and he left so I took a break then he came back in the store and stole cartons of cigarettes and walked out while I was outside on my break. I’ve never seen this man a day in my life and I definitely didn’t help him steal. Note. I left another employee in charge of the store and company policy states that we are not allowed to try and stop any theft in any way shape or form and we’re not even allowed to say anything to them. We will get fired if we chase. | A:Employers have a broad right to discipline their employees for any reason, as long as the reason is not illegal or discriminatory. In your case, your employer may argue that you were negligent in your duties by not preventing the customer from stealing the cigarettes. They may also argue that you violated company policy by leaving the store unattended during break. However, you may have a case against your employer if you can prove that you were not negligent and that you did not violate company policy. For example, suppose you can show that you were not aware that the customer was planning to steal, or that you could not have prevented the theft from happening. In that case, your employer may have difficulty justifying your suspension. |
Q: A company is refusing to pay me over $9000 that I earned as an independent contractor. What are my options?. The company is a subcontractor under a Prime Contractor who provides medical disability exams for Veterans Affairs. The company claims that the Prime didn't pay them for those particular services, and therefore they are not obligated to pay me for those services either. They haven't offered evidence of not getting paid nor any efforts they have made to rectify the situation, yet some of the unpaid services are over a year old. There is a possibility that I was misclassified as an Independent Contractor instead of an employee, but I'm not sure. Regardless, I would like to get the money that I am owed. Also, the company is in Virginia, but I am in Ohio. | A:Yes, you have a few options: 1) send them a demand letter threatening a lawsuit if they don't pay you; or 2) pass on the letter and simply fie a lawsuit. Before doing either, I'd check to confirm that your agreement does not have any language in that conditions your payment on payment from the VA. If you decide to hire a lawyer, I'm sure anyone who responds would be happy to help. Good luck. |
Q: Liability for intentional fraud in California. Intentional torts provisions.. Other then restatements of torts what the provisions would be that define hospital legal liability for intentional fraud? RESTATEMENT (SECOND) OF TORTS § 410 cmt. c. lists numerous exceptions to the non-liability principle, grouping them into three broad categories: (1) exceptions based on the employer's negligence in selecting, instructing, or supervising the independent contractor, (2) exceptions based on non-delegable duties the employer owes to the public in general or to the plaintiff in particular, and (3) exceptions based on work that is specifically, peculiarly, or inherently dangerous. | A:In California, a hospital's legal liability for intentional fraud can be complex and depends on various factors. It's important to note that, while the Restatement (Second) of Torts provides general principles, specific state laws and case precedents also play a crucial role. Regarding intentional torts like fraud, hospitals can be held liable under certain circumstances. For instance, if hospital employees commit fraud during the course of their employment and for the benefit of the hospital, the hospital may be directly liable. This is in line with the principle of vicarious liability, where an employer is responsible for the actions of its employees performed within the scope of their employment. Moreover, if the hospital's management or administration was aware of the fraudulent activities and did nothing to stop them, or if they were directly involved, this can lead to heightened liability. Additionally, if the fraud involves violation of specific statutes or regulations, such as those related to healthcare billing or patient confidentiality, the hospital may face not only civil liability but also regulatory sanctions. In cases where fraud has caused harm to a patient or a third party, the injured party may have grounds to file a lawsuit against the hospital. In such cases, the plaintiff would need to prove that the fraud was intentional and that it directly led to their damages. It's advisable to consult with a legal professional who has experience in healthcare law and torts to get a more detailed understanding of the implications in a specific case. They can provide guidance on the likelihood of establishing hospital liability and the potential remedies available under California law. |
Q: I have filed a chapter 12 and have been working on a plan since February. The bank will not budge on what they want.. The bank wants 3 payments of 54000 with in 13 months of each other. That means I have to use 1 crop year to make 2 of those payments but it's not possible. What can I do about this? I have a lawyer hes been doing this since the 80s. This is what he told me and I'm just getting a second opinion wondering what I should ask him to do or what I should do. | A:Where's your lawyer? He is the one who should be doing battle with the bank. Bank's don't cotton to customers, but they are somewhat fearful of good bankruptcy lawyers who will take them to the lick log. No lawyer? Find one! Good Luck d |
Q: Please read below. I paid $18,000 for my house and 2011 then I pulled a building permit in 2011 the same day I interned started working on my house I'm still working on my house my understanding is the building permit stops the value from increasing until an inspection is called for when I am done with construction I have not finished Construction since the taxation Department here in Jackson County Missouri is under large scrutiny that she raised to taxes and tried to burn the entire city I still hold the building permit with no ending date therefore my taxes should remained at $18,000 they've got my house valued at 36,000 my house is not even on the market I outright own my house no mortgage no liens no nothing against my home I need help to fry these people for publicly lying to us about inspections they never inspected nothing except the picture on a monitor if you read your statues it says they must physically inspect that was never done and I have not called for an inspection so do I win win | A:In your situation, dealing with property valuation and taxation in Jackson County, Missouri, there are several key points to consider. Firstly, the link between a building permit and property valuation can vary. Typically, a building permit itself doesn't freeze the value of a property for tax purposes. Property taxes are often based on the assessed value of the property, which can change over time due to various factors, including improvements made to the property. Regarding the lack of physical inspection, if your local statutes require a physical inspection for property valuation and this hasn't been done, this could be a point to raise in contesting your property's assessed value. However, the specifics of the statutes and local practices would need to be thoroughly reviewed. It's important to contest the property valuation formally if you believe it's incorrect. This usually involves filing an appeal with the local tax assessor's office or a similar body. The process and deadlines for such appeals can be strict, so it's crucial to act promptly. Given the complexities of property tax law and the specifics of your situation, seeking advice from an attorney experienced in property tax law in Missouri would be beneficial. They can offer guidance tailored to your circumstances, help you understand your rights, and assist in navigating the appeal process effectively. Remember, each case is unique and requires a detailed and personalized approach. |
Q: Is using a virtual mailbox address for your business considered tax evasion if it’s not in the state where you live?. Can I use a virtual address when filing an LLC to establish my business legally? | A:Using a virtual mailbox address for your business is not automatically considered tax evasion under California law. Many businesses use virtual addresses for legitimate reasons such as privacy and convenience. However, it's essential to ensure that your LLC complies with all relevant tax laws, accurately reports income, and meets its tax obligations. Consulting with a tax professional or attorney can help you establish your business legally and navigate any tax-related considerations. |
Q: I want to open a trademark in the USA, what costs does this procedure involve?. Good afternoon My name is Elizaveta and I have a question for you, please tell me, I want to open a trademark in the USA, what costs does this procedure involve and How long does it take and what are the possible future costs of maintaining it? I mean taxes. | A:In order to receive a trademark you must apply for ownership of the mark in the proper goods and services with the USPTO. Best practice is to work with a trademark attorney or expert to advise on if a mark already exists and guide you through the process. Since COVID from filing to registration has been 18-36 months. A single class application costs between $250 and $350 with the USPTO. |
Q: Bad Investment with A List Partners. Back in 2017, we invested with A List Partners, LLC based out of Austin Texas. Bad mistake. Was never given updates on our investment. In April of 2021, we received a liquidation letter, completed the required form and submitted it. Over two years later, we still have not seen our money. Phone numbers have been disconnected, they do not respond to letters or emails. I don't know if the company exists anymore because I can't locate them on the Internet. I don't know if the company went bankrupt I don't know if they just took our money and disappeared.. I sent a complaint from to the Attorney General of Texas and the FTC. My husband is in his 80s now and we need this money. What are our options without going into debt trying to retrieve our investment? Or do we chalk this up as a financial loss? I don't know what else to do or where else to turn. | A:Speak with a lawyer in your area. Sorry this happened. [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: I have received a cease and desist about defamation. I have received a cease and desist about a Facebook post I made pertaining to myself quitting an establishment along with the entire staff. Everything quoted in the cease and desist letter I have witnesses to who would gladly testify under oath. Do I really have anything to fear if they actually pursue legal action against me? Or is this just a fear tactic? | A:You will need to worry about financing your defense. Your witnesses may not be so happy when the have to attend depositions and appear in court to testify. Just saying. |
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