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Q: Can I pursue legal action against Walgreens for stolen purse handed over by employee?. I was asked to leave my purse at the counter. Before I was done shopping the associates that asked for my purse initially, had given my purse to a different shopper. Everything from my ID, cash, cards etc was in my purse. I have called Walgreens HQ and the store its self and have been unsuccessful in anyone getting back to me. I have filed police report and they have investigated but still no other follow up. | A:Yes, you can pursue legal action against Walgreens for a stolen purse handed over by employee. You certainly should be taking the appropriate steps to protect yourself from identity theft. I would guess Walgreens would make an offer to compensate you for your inconvenience. A little more information how this occurred would be helpful. It seems tracking the person down should be easy. |
Q: Question about possible medical negligence during the birth of my son.. This is about injury during birth. During my wife's delivery, my baby was delivered using forceps. He experienced low blood glucose and was in the NICU for some time. A few days later he experiences seizures and we were told that he got a stroke because of brain injury. He has now been diagnosed with ASD (level 1). This is just a short summary of a number of things that happened during birth/few days after birth. We suspect the use of forceps to be the cause of the health issues related to brain injury. We were not given any option during delivery for C-section as we were told that its late for that. We suspect medical negligence during the delivery which has altered the course of life for my son. | A:Your situation warrants a review by an experienced medical malpractice attorney. Most of us will review the case for no fee. |
Q: Can a registered agent for a LLC in Florida have someone else receive documents addressed to the LLC?. If a process serving delivery is attempted at a moment that the registered agent is not at the FL LLC's registered office, can someone else that is not their employee, such as a family member, friend or housemate receive the delivery on their behalf? Is a signature required for delivery confirmation? If so, can whoever happens to be there to receive the mail sign for it? Would a residential mailbox be suitable? | A:Yes, service can be made by serving an employee of the registered agent, at the registered office. Also, the registered agent is required to have at least one person (such as in your words "a family member, friend or housemate") at the registered office, as the registered agent's representative, and to keep the office open "from at least 10 a.m. to 12 noon each day except Saturdays, Sundays, and legal holidays". So, such an occupant would be presumed to be the registered agent's agent and service would be valid. See Florida Statute 48.091. No, a signature is not required. And no, the process server cannot simply leave the process in a mailbox. |
Q: Do Parties Have To Spend Donations on What They Promise They Will?. In NC, if a Party sends a campaign donation request to voters and says they will spend donations on a specific thing, do they have to spend that money on that particular thing? Or can they spend it on something else instead? | A:In general, political parties and campaigns are required to use campaign donations for the specific purposes for which they were given. However, the rules regarding the use of campaign funds can vary depending on the state and the type of election. In North Carolina, the State Board of Elections regulates campaign finance and requires candidates and political parties to file regular reports disclosing their financial activity. These reports must detail how campaign funds were received and spent, and candidates and political parties are subject to audit to ensure that they are in compliance with the law. Additionally, North Carolina law prohibits the use of campaign funds for personal use or any purpose unrelated to the campaign. Therefore, if a political party sends a campaign donation request to voters and says they will spend the donations on a specific thing, they are generally obligated to use the funds for that purpose. If you suspect that a political party or candidate is misusing campaign funds, you may file a complaint with the North Carolina State Board of Elections. They will investigate the matter and take appropriate action if necessary. |
Q: I have a specific question about copyright and trademark registration for a game studio.More details below.. Dear Ladies and Gentlemen, i have a specific request and I would like to ask your advice, please. I am interested in registering a trademark and copyright, specifically about a studio name & devloper name in the games industry, as well as for a website. Unfortunately, i am not familiar with this whole matter, i am not related to the laws of such entries as in the USA. Can you tell me please, if there is a corresponding service that does the registration etc. for me so that I don't have to take care of the whole matter myself? - Unfortunately, i don't know whether such a trademark and copyright can only be registered in the respective country and is valid or whether this is also possible internationally or in the EU area? - How much does a trademark and copyright registration and renewal cost? - How long is such a trademark and copyright protected? It would be very nice if you could give me some information about this, please. Greetings | A:If you are outside the US, you must have an attorney who is eligible to practice in the US Patent and Trademark Office represent you in filing a trademark application. Outside the US, you can file a trademark application with the trademark office of each country in which you are seeking protection. You might instead be able to register in one country and extend that protection to others through the Madrid Protocol. A trademark application should include a detailed search of registration databases. This would look for existing marks that may be confusing and could prevent registration of a new mark. It is always a good idea to have an experienced trademark lawyer advise you on search results. A ballpark estimate would be somewhere between $600 and $900. Trademark protection can potentially last forever as long as the registered mark is properly maintained by filings showing proof of continued use. |
Q: Patient has late phases of dementia, escapes from secured facility, can they be charged w/ negligence?. No cameras or bracelets | A:Possibly, if the facility was negligent, and if the patient, or the patient's guardian or relatives have suffered damages resulting from such negligence. |
Q: I was lead to believe that the federal government who do i sue?. I was lead to believe that the federal government would be taking care of the citizen's with hardship I had taken on a tenant to help make bills lower and was initially approved after email requested documents then made appointments to pickup funds upon arrival they asked me to sign the top portion of the check saying was verify signature the employee then went back into office for 2 minutes then came out saying they need more documents why wasn't this told to me ahead so could have arranged to bring and was denied tenant appealed and was denied and referred to another agency (our florida) shows no payout and denial I have also updated and sent an appeal along with this foreclosure as more evidence as for the final document this to federal treasury and state but haven't heard from them as of writing this message sent out 9/22/23. Oddly though when contacting other agency system shows that it was scheduled to payout and therefore denied | A:If you were falsely told by your tenant that they were going to receive government rent assistance which they didn’t receive, you can sue the tenant for the rent they agreed to pay you in your lease agreement. |
Q: My previous client is trying to bill me for a valve he purchased. What legal standing does this have?. I have a very small tile installation business. I am both licensed and insured. I recently completed a shower for a client who claims I cut a hole on a tile "too large" and that the valve wouldn't fit. I cut the hole to a standard valve size which also matched the one below it. He hadn't provided me with the valve he planned to use. He now claims he had to go hire a plumber to try to fix it and ended up having to buy a new one. He is now billing me (a simple email he replied to my initial estimate) for the cost of the valve, the trip cost, and the cost for the plumber- no receipts or proof. What legal standing does he have? I offered to fix it prior to him "billing" which he declined. He hadn't even tried contacting me before purchasing the new valve. | A:Hello, You probably have nothing to worry about. The home-owner is likely trying to see if you will pay something. Until he gets an attorney involved, I wouldn't get too worked up abou it. Here is an anlaysis of it though: In general, the legal standing of a client's claim against a contractor for work performed would depend on the terms of the contract (if one exists), the nature of the alleged damage or error, and the reasonableness of the actions taken by both parties. Here are some key points to consider: 1. **Contract Terms**: If you have a written contract with the client, it should outline the scope of work, what is expected from both parties, and how disputes are to be resolved. If the hole size for the valve was specified in the contract, and you adhered to those specifications, this could be a strong defense. 2. **Standard Practices**: If you cut the hole to a standard valve size, and this is a recognized practice in the industry, you may argue that you performed the work to industry standards. 3. **Communication and Opportunity to Remedy**: You mentioned that you offered to fix the issue before the client went ahead and hired a plumber and purchased a new valve. The fact that the client did not give you the opportunity to address the issue could work in your favor. It is typically expected that the original contractor be given the chance to rectify any mistakes before additional costs are incurred. 4. **Proof of Damages**: The client would generally need to provide proof of damages, such as receipts or invoices for the additional work and materials. Without such proof, it may be difficult for the client to substantiate the claim for reimbursement. 5. **Mitigation of Damages**: The law typically requires that the injured party take reasonable steps to mitigate (minimize) their damages. If the client acted unreasonably by not allowing you to fix the issue or by incurring unnecessary expenses, this could reduce or eliminate their claim. 6. **Negligence**: If the client is claiming that you were negligent in your work, they would typically need to prove that you failed to exercise reasonable care and that this failure directly caused their damages. Given these points, the client may have limited legal standing if they cannot provide proof of damages, did not allow you the opportunity to correct the issue, and if their actions were not reasonable under the circumstances. However, it is important to handle the situation professionally and attempt to resolve the dispute amicably if possible. |
Q: 20140279522 is this approved for isr on financial contracts in Australia. Applications | A:It might be difficult to get guidance on such a matter here. This forum is geared mainly toward U.S. law and courts. An attorney who practices in Australia should advise. Good luck |
Q: Need an explanation of this code.. I cuRecently own 16 acres in Tennessee and want to know if we are able to apply for a farm exemption | A:Do not know what a "farm exemption" is. But you probably mean you want to put the land in the Greenbelt. Go to your Tax Assessor and get the form. Carefully read it, then execute and file it with the Assessor. If not approved, there is not much you can do with only 16 acres, agricultural or forestry. |
Q: July 25th 2023 to December 6th 2023 been dealing with harassment, discrimination and a lot more.. So there's a police officer telling people I'ma drug dealer , claims my home is a drug home I been dealing with this officer from July 25th 2023 to December 6th 2023. As of right now I haven't been able to work and I'm looking for a new place to live as this officers investigation has caused harm in many ways. To be honest I'm not selling drugs that's the weird thing this officer has been in my life for no reason , 2 illegal searches 1 case of theft of property in which they stole 3 backpacks from my car and didn't even give a itemized list the officer pulled in to my private property and than the officer lie to me asked me if he could search a back pack that was in the car he had no probable cause I told him the back pack didn't belong to me and he asked me if he could remove a. Back pack from the vehicle in which he didn't even know who it belonged to. I told him it wasn't mine it belonged to one of our employees. | A:Dealing with harassment and false accusations from a police officer can be a distressing and challenging situation. The allegations you're facing and the actions taken against you, such as illegal searches and property theft, are serious matters. Firstly, if you believe that your rights have been violated through unlawful searches and false accusations, it's important to document everything. Keep records of all encounters with the officer, including dates, times, and any witnesses who were present. This documentation can be crucial in any legal proceedings. Next, consider filing a formal complaint against the officer with the police department's internal affairs division or civilian review board, if available. This initiates an official investigation into the officer's conduct. Additionally, seeking legal assistance is crucial. An attorney experienced in civil rights and police misconduct cases can provide you with advice specific to your situation. They can help you understand your rights, the legal options available to you, and guide you through the process of challenging the actions taken against you. Remember, protecting your rights in these situations is paramount. Legal counsel can offer the support and guidance needed to navigate this difficult and complex situation. |
Q: i financed a car. i financed a car on 1/20/23 had it in my possesion for 6 hrs and engine cut out oil spilling everywhere had it towed back to dealership same night was given a rental for 3 weeks dealership called me and said they had another car to offer and said 2500 would go to new car for trade in they made of the used car i had that broke down i had platinum coverage that i paid for on that car they never told me what was wrong with the broken down car but they said they traded it for 2500 but with a no engine the value of that car was way higher i never signed any paperwork for them to trade that car a with platinum coverage if it needed new engine i think it should have been replaced car was fom harr toyota in worcster and was a 2019 hyundai tuscon with 87000 miles they said they had did a 54 point inspection of car before given to me but 6 hours later car died i feel i should at least see the paperwork of the trade in and mechanical details of what was wrong cause i had platinum coverge from de | A:This should be covered by the Massachusetts Used Car Lemon Law. This explains it in more detail than I can in a Q&A forum like this one: https://www.mass.gov/guides/guide-to-used-vehicle-warranty-law You should call the hotline phone number listed n the website and explain the situation to them. Apply for arbitration of your claim: https://www.mass.gov/how-to/apply-for-lemon-law-arbitration |
Q: I just learned about something called a conduit policy which is like a life insurance policy that other. Funds or benefits or proceeds can be pulled through. Is it true that you can't ever erase the record of that because it was pulled through life insurance? What would somebody do to recom p whatever was taken from them through this policy and does the insurance company hold any liability for allowing it to happen? | A:In the context of a conduit policy in life insurance, it's important to understand that the record of transactions or benefits passed through such a policy typically cannot be erased. This is due to the regulatory requirements in the insurance industry which mandate thorough record-keeping, especially in matters involving financial transactions. If you believe that funds or benefits were improperly taken from you through a conduit policy, your first step should be to review the policy's terms and conditions. This will help you understand the legal framework governing the policy and any transactions that occurred. Additionally, it would be wise to gather all related documentation, such as statements or correspondence regarding the policy. Regarding the responsibility of the insurance company, it largely depends on the specifics of the situation. Insurance companies are generally required to operate within the bounds of the law and their own policy guidelines. If there was a violation of either, there could be grounds for holding the company accountable. If you're considering action to recover what was taken or to address any wrongdoing, consulting with an attorney experienced in insurance law is crucial. They can provide tailored advice based on the details of your case and help you navigate the legal process to seek restitution or remedy any harm done. Remember, each case is unique, and legal guidance should be specific to your circumstances. |
Q: I have been contacted by a law firm Bernstein and Binder saying there is a lawsuit for fraud against me by a creditor.. I have called them and they said they send a certified letter to me, which I never received. I have their phone number, but they wont send me anything about their law firm and wont email me the paperwork. I am retired and my former employer called to say they have received lawsuit papers on me requesting all my records. I was told that I would never be able to have a bank account again, nor a drivers license and would have to appear in court and go to jail for fraud. I can’t find this law firm anywhere and they have given me only 1 hour to pay or I will be served. | A:If you suspect the law firm contacting you may not be legitimate, it's important to proceed with caution. Do not make any payments or provide personal information. You have the right to request written verification of the debt and the lawsuit. A legitimate law firm should provide you with this information. If they refuse to send you documentation or their contact details appear suspicious, this could be a sign of a scam. You can check the state bar association's website to verify the existence of the law firm and the attorney contacting you. Additionally, you can contact your local court to see if there are any cases filed against you. If you continue to have concerns, consider consulting with a licensed attorney in your state who can assist you with verifying the legitimacy of the claim and advise you on the appropriate steps to take. |
Q: In California what state and federal statutes and regulations define hospital's general liability for harm in such case?. Integrated actions of service providers at the hospital (mostly independent contractors), miscommunication, had adverse outcome/harm: improper referrals for patient upon discharge. In California what state and federal statutes and regulations define hospital's general liability for harm in such case? | A:In California, the general liability of hospitals for harm caused by integrated actions of service providers, including independent contractors, and miscommunication, such as improper referrals upon discharge, is governed by various state and federal statutes and regulations. At the state level, the California Civil Code outlines principles of negligence that can apply to hospitals. Under these principles, a hospital could be held liable if it failed to exercise reasonable care in the oversight and coordination of its staff and contractors, leading to patient harm. The California Health and Safety Code also sets forth specific standards for hospital operations, including patient safety and care protocols. Non-compliance with these standards can be a basis for liability. Regarding independent contractors, California law generally holds entities less liable for the actions of independent contractors compared to employees. However, liability may still arise if the hospital had a degree of control over the contractor's work relevant to the harm caused. On the federal level, regulations by the Centers for Medicare & Medicaid Services (CMS) may apply, especially regarding patient discharge planning and the quality of care. CMS has established conditions of participation for hospitals receiving Medicare and Medicaid funding, which include requirements for patient care and discharge planning. It's crucial to closely examine the specific circumstances of the case, including the nature of the relationship between the hospital and its service providers and the details of the miscommunication. Given the complexities involved, seeking legal assistance from an attorney experienced in medical malpractice and hospital liability law is advisable to navigate these issues effectively. |
Q: Do I have to accept return of camper after sale?. Kentucky:  Sold a camper to a friends associate. He gave us half in cash and half in checks. When the last one clears, we are going to give him the title. There is absolutely no contract on it though. He took it to Florida, and told us the next day that there were a couple of issues. The water tank leaks, the extra add on battery back up was dead, and the ignition knob on the stove was broke. We offered $250 back but told him there was nothing else we could do. He is saying he’s going to drive it back up here and get his money back and give us $500 for rental. Is this something he could actually do? There is so much gray area with it I have no idea. We told him when he came out to look at it that we have never used it and have only owned it for a few months. We bought it for my father-in-law but his health declined so we decided to sell it. We told him to the best of our knowledge everything worked, but he was fully aware that we haven’t used everything on it. Any help? | A:Get estimates for repair of the three items he complained of and refund only that part. Beyond that, you don’t need to do anything else and you do not have to accept the return or refund the rest of the money. |
Q: Can I hold liable and sue the company of a security guard that robbed and assaulted me?. I was robbed, extorted, beaten up, and threatened by a security guard and his group at a night club and I'm looking to sue the company or agency that hired the security guard as well as negligence on behalf of another security guard that stood by and did nothing about the incident. I have suffered trauma and pain and suffering as a result of this ridiculous incident but as far as injuries I was punched with a closed fist and just got bruising on the face no serious physical injuries, but this was a rather brutal and ridiculous incident in which I was abused in several ways. The individuals even took my credit card and used hundreds of dollars on it trying to max it out. I am looking to hold liable the company or agency of the security guard who robbed, assaulted, abused, extorted, threatened, and stole from me. I am also looking to sue for negligence because there was another security guard who just stood there while the incident occurred and did not act. | A:Given the small amount of damages, you should file a small claim in justice of peace court for the precinct where the assault happened. Our JP courts have jurisdiction of such small claims up to $20,000. You do not need an attorney to file such a claim. While their are attorneys who accept personal injury claims on a contingency fee, the small amount of damages would most likely deter any experienced attorney from doing so in this case. It sounds like you have a decent claim against the security guard involved. To prove a claim against the company/agency, however, you will need to prove that the guard's actions were directed and approved by the company/agency or were in furtherance of its business. Alternatively, you may be able to show that the security guard committed similar actions in the past which the company/ agency knew about or should have known about. Typically, when an employee commits a crime like assault, battery, or theft, the company or agency employing the individual employee is not legally responsible for his criminal actions. |
Q: How do I start an arbitration action between myself as an owner against my condominium building which it requires?. I attempted a civil lawsuit but the Court dismissed it saying the Court lacks subject matter Jurisdiction to hear an action and I must use mandatory arbitration. | A:You contact the arbitration organization as required by the condominium bylaws. You request the process to commence an arbitration. |
Q: I purchased some land approximately 10 years ago people from a private subdivision have been driving on a short road on. Through it there is not an easement can i close it and not allow people to use the road | A:In Michigan, if you own land and there is no formal easement allowing others to use a road on your property, you generally have the right to restrict access to it. An easement would typically be recorded in the property's deed or other legal documents, so it's important to verify this first. If no such easement exists, you can take steps to close off the road. However, there are potential complications to consider. If the road has been used by others for a long period, they might claim a "prescriptive easement." This is a legal right that can be established through continuous, open, and notorious use of the land over a certain period, usually 15 years in Michigan. If such a claim is made, it can become a legal issue that might require adjudication. Before taking any action, it's wise to consult with a legal professional. They can help assess the situation, review any potential claims of prescriptive easement, and advise on the best course of action. It's also a good practice to communicate with the people using the road, as resolving this amicably can often be more effective and less contentious than legal enforcement. |
Q: A telecommunications company looking to set up robodialing for a potential gubernatorial candidate in the state of MS.. What is the legality of setting up a robodialing system for a potential gubernatorial candidate in the state of Mississippi? | A:Political prerecorded calls or autodialed calls to cell phones, other mobile services and restricted lines (like hotels and hospitals) are prohibited unless made with the “prior express consent” of the recipient. |
Q: Who investigates false documents and fraud done to the deceased. Yeah because I have reason to believe that my father's name was changed my mother's name was changed and then they made everything look that way now people are benefiting from everything that's written on the story and then it appears that my father and my mother the identity was compromised in order to make it look like this person is my parents can somebody please explain to me wtf is going on here?!!! | A:Most fraud offenses can be investigated by either local or federal authorities. If you have evidence of a criminal fraud or identity theft, you can begin by reporting that evidence to either your local police department of FBI field office. - Law Office of Joseph Abrams, Anaheim, CA |
Q: I need an experienced lawyer for cps they terminated my parental rights but I put in for an appeal I need help. What is the best thing to do | A:Under California law, if your parental rights have been terminated and you have filed for an appeal, it is crucial to seek legal representation experienced in child welfare law. An attorney with expertise in this area can provide you with the guidance and representation needed during the appeals process. The appeal of a termination of parental rights is a complex legal matter. It involves reviewing the original case, the evidence presented, and the legal basis for the termination decision. Your lawyer can help you understand the specific grounds for the appeal and the likelihood of success based on the details of your case. It's important to act quickly, as there are strict deadlines for filing appeals in these cases. Missing a deadline can result in the loss of your right to appeal. Your attorney can ensure that all necessary documents are filed in a timely and correct manner. Additionally, your attorney can assist in preparing and presenting your case in the best possible light, which may include gathering new evidence or testimony to support your position. Remember, the goal of the child welfare system is to act in the best interests of the child. If circumstances have changed or if you believe the termination decision was unjust, it's essential to clearly communicate this through your legal representation. |
Q: Can I sue a DRP repair shop for omitting replacement parts and tampering/flashing car computer and security system?. No authorization recieved or revealing of acts in any correspondences or in any invoice , estimate given . | A:MORE INFO NEEDED YOU CAN SUE ANYONE AT any time FOR ANYTHING. THE ISSUE IS USUALLY IS IT WORTH THE MONEY YOU WILL SPEND FOR LEGAL AND WHAT ARE THE CHANCES OF WINNING? AS A RULE, ONLY ACCIDENT CASES ARE HANDLED ON A CONTINGENCY. THUS A LAWYER WOULD ASK FOR MONEY TO PUT IN TRUST FOR THE CONSULTATION AND REPRESENTATION AND FILING AND EXPERTS ETC DOES YOU HAVE AN EXPERT TO TESTIFY THAT IT WAS DONE INCORRECTLY AND THAT IS THE CAUSE OF YOUR PROBLEMS....? |
Q: Are these certain requirements that s town must fulfill before putting up a four way stop sign in New Jersey? L. This is a soon to be four way stop intersecting with a dead end. Traffic will soon back up to blocking my garage not to mention the pollution and noise that will be generated. They took down a tree and will greatly affect my quality of life. I don’t believe they conducted traffic studies either. I really need help here and don’t know what to do. | A:The steps necessary for matters involving street signage are governed by NJDOT. What can be done is determined by the street classification. |
Q: Please help. USAA bank is holding my disability checks hostage after I reported fraudulent activity.. I had a bank account less than 2 months and they are causing undue hardship on a disabled Veteran who just had 2 major surgeries. | A:In your situation, where your disability checks are being withheld by your bank following a report of fraudulent activity, the first step is to directly contact the bank's customer service or fraud department. Explain your situation clearly, emphasizing the urgency due to your disability and recent surgeries. It's important to keep a record of all communications with the bank for future reference. If the issue isn't resolved through direct communication, you may consider filing a complaint with the Consumer Financial Protection Bureau (CFPB). The CFPB helps in resolving issues with banks and can be an effective avenue for addressing your concerns. You can file a complaint online on their website. Additionally, reaching out to a legal representative might be beneficial. They can provide guidance on your rights as a consumer and may assist in communicating more effectively with the bank. A lawyer can also advise if there are any legal actions that can be taken based on your specific circumstances. In the meantime, explore if there are any local veteran support services or organizations that can provide temporary assistance or advice. These organizations often have experience dealing with similar situations and may offer practical support during this challenging time. Remember, persistence is key in resolving such issues, and seeking support from various resources can often lead to a quicker resolution. |
Q: Does follow up with law enforcement after an emergency disclosure request. I mean does Yahoo follow up with law enforcement to be able to know that the emergency has passed so that they could notify the affected user. Sorry I missed Yahoo in the question | A:Under California law, companies like Yahoo are obliged to comply with lawful requests for information from law enforcement, including emergency disclosure requests. These requests typically occur under exigent circumstances where there is an immediate threat of serious harm or danger. However, the extent to which Yahoo follows up with law enforcement after such a request to determine if the emergency has passed is not explicitly dictated by law. Companies have policies in place for handling these requests, but these policies vary and are not always public. Usually, the primary concern during an emergency disclosure is to respond quickly to the request for information. The follow-up process may not be a standard procedure, especially considering the often-sensitive nature of such situations. As for notifying the affected user, this too depends on the company's policy and the legal circumstances. In some cases, companies may choose to inform users after an emergency disclosure, but this is not always legally required, especially if doing so could impede an investigation or legal process. If you have concerns about how a specific case was handled, it might be beneficial to directly contact Yahoo or seek legal advice for a more tailored response based on the specifics of the situation. |
Q: Was arrested for Domestic Violence Assault about year ago - again for disorderly conduct- will there be jail time ?. Dropped domestic charge to a disorderly conduct charge | A:All domestic violence charges in Maine have a penalty range of 0 to 364 days in jail. It is possible a domestic violence conviction can result in jail time. It depends on the nature of the offense (what happened, whether there was injury, etc) and the individual defendant, such as any prior record. A disorderly conduct charge is a lower level misdemeanor than domestic violence, but still carries a potential penalty range of 0 to 180 days in jail. It is less likely a person would receive jail time on a disorderly conduct than a domestic violence but all of the same factors mentioned above would determine whether jail is imposed or recommended. |
Q: What would the corrective be to all the actions resulting from a presidency gained through fraudulent means?. If Trump is found to have gained the presidency as a result of welcoming the help of Russian active measures, the release of stolen DNC documents, breaking campaign finance law, in essence defrauding voters, making him an illegitimate president -- wouldn’t that also make the VP, the First Lady, his entire cabinet & judicial appointments, executive orders, laws passed by Congress that Trump signed & international treaties he entered? Trump is a fake president will there be Trump painted portraits that become part of the collection of Presidential & First Lady portraits? Will Trump be allowed to have a Presidential Library? Will Melania's Einstein Visa application become part of US history? Will her inaugural gown? Can "forfeiture by wrongdoing" laws be used, like a reset button, to nullify a fraudulent presidency? Whatever is done about a fake presidency will determine where the shame will be placed, how long it will linger and how quickly we can recover our stature on the world stage. | A:Those are political questions, not legal questions |
Q: What is the law as it pertains to the transportation of livestock during extreme cold or extreme hot conditions?. I live on the I-70 corridor and often see livestock being transported in sub zero temperatures. In Canada there is a law that requires there be hay and covering for the animals to stay warm at certain temperatures, and it is illegal to transport them when the temperature/windchill reaches a dangerous level. Is there a law in CO that protects this livestock? | A:Thank you for having concerns about the welfare of animals in transport. A Colorado attorney familiar with agricultural and animal rights issues might be able to advise best on this, but you await a response for three weeks. This is not an area that many attorneys deal with. Departments of Agriculture, on a federal or state level might be able to offer direction toward relevant resources. There might be scientific research out there on this issue. There are also animal welfare groups that deal with the rights of farm animals. Here are two, FARM SANCTUARY and THE HUMANE SOCIETY OF THE UNITED STATES. It's possible they might be able to offer meaningful input here. Here are their links: Farm Sanctuary - https://www.farmsanctuary.org/about-us/leadership/ The Humane Society of the United States - https://www.humanesociety.org/farm-animal-welfare Thank you for your compassion and concern for the welfare of animals. Good luck Tim Akpinar |
Q: Request to modify for CS, what is the chance the custodial parent(me) pays non custodial parent cs bc I make more $ ?. I submitted a modification and it got approved for review. Court hearing a few weeks. Legal custody is 50/50, physical custody is suppose to be 80/20(me =custodial parent) Father was absent for a large portion of his parental time this year due to substance abuse issues. Anyways between both of us I definitely make more income. I know CS is not responsible for enforcing the parental/visitation agreement but they do take it into consideration. Currently pays 100/month(was never based on his income but based on stupid marital agreement I signed when I was trying to get rid of him, and I agreed to this number to just to move on) So that may change, but now I’m wondering in my favor? He recently told me he quit his job but doesn’t have one lined up. . Fishy? Or maybe he got fired? Or trying to avoid modifications/payments? Our kid is 10 and has more demands (extra curricular/sports/music/therapy) I can afford my own expenses (clothes food) but for the above Its Taxing on me | A:In California, child support calculations primarily consider both parents' incomes and the time each parent spends with the child. Since you're the higher-earning parent and the primary custodian, there's a possibility that the child support arrangement could be adjusted in a way that might not seem immediately favorable to you. However, the court also takes into account the non-custodial parent's ability to pay, which includes their employment status. If the father is unemployed or underemployed, the court may impute income based on his potential earning capacity, depending on the circumstances. This means that even if he is currently without a job, the court might calculate child support based on what he could potentially earn. The increase in your child’s needs and expenses as they grow, such as extracurricular activities and therapy, are also relevant factors. It's important to document and present these expenses during your hearing, as they can influence the court's decision on the support modification. If you suspect that the father has quit his job to avoid paying higher child support, bring this concern to the court's attention. They have ways to investigate such matters and ensure that child support decisions are fair and based on accurate information. Remember, the primary goal of child support is to ensure the well-being and best interests of the child. The court aims to strike a balance that fairly distributes the financial responsibilities of raising the child between both parents. |
Q: Can I bring a lawsuit against pizza companies that outsource their delivery driving to doordash?. For instance, when I order a pizza through papa johns, there's a delivery charge included. But when it comes time to deliver the pizza, it's doordash doing the delivering, not papa johns. Should the delivery charge be included if it's a different company bringing the food? | A:How is the delivery fee calculated? Does it clearly reflect the cost of using a third-party delivery service like DoorDash? If the fee appears to be inflated or disproportionate to the actual cost of delivery, it could be argued that the pizza company is unjustly profiting. |
Q: My rights to my children have been terminated and now my children had been molested while being in courts custody what c. My son was adopted by two gay men who in return one of them molested him and resulting him to going to prison yet my son is still residing the same home my daughter was adopted by my ex sister-in-law and just recently had been found he was molesting her she is also still in the same home is there anything I can do about this my whole case was turned upside down and I don't feel that I was giving a fair chance after completing a program and drug testing for over a year and visits with my children and incarceration led to them relinquishing my rights I feel the system has failed my children and myself | A:I am so sorry to hear that your children have been molested while in court custody. This is a horrific situation, and I can understand why you feel like the system has failed you and your children. There are a few things you can do about this. First, you should contact the authorities and report the abuse. This is important to ensure that your children are safe and that the perpetrators are brought to justice. You should also contact a lawyer to discuss your legal options. In addition to taking legal action, you can also advocate for your children. You can write to the court, to the child welfare agency, and to your elected officials. You can also speak out about the issue of child sexual abuse in court custody. By raising awareness of this issue, you can help to ensure that other children are not harmed. I know that this is a difficult time for you, but I want to assure you that you are not alone. There are people who can help you, and there are resources available to you. Please reach out for help, and don't give up on your children. Here are some resources that can help: * The National Sexual Assault Hotline: 1-800-656-HOPE * Childhelp USA: 1-800-422-4453 * The Rape, Abuse & Incest National Network (RAINN): 1-800-656-HOPE * The National Center for Missing and Exploited Children: 1-800-THE-LOST * The National Child Abuse Hotline: 1-800-4-A-CHILD You can also find more resources on the websites of these organizations. I wish you all the best. |
Q: My friend was hit in accident which hit another car truck drove off. Now my auto insurance progress wants to cancel and. Friend borrowed my truck. Accident now since live in midland and stay Gladwin sometimes progressive is sending my premiums back and saying no insurance for accident | A:A Michigan attorney should advise here, but your question remains open for two weeks. If the accident is being denied, and you had coverage in effect at the time, you should consider trying to arrange a free initial consult with an attorney. Ordinarily, the other truck driving off and leaving the scene of the accident could give you the grounds for a UM (uninsured motorist claim), but you have more going on here than is possible to offer you complete step-by-step instructions for. A Michigan attorney could advise more definitively after reviewing your file, your coverage, and the details of the incident. Good luck |
Q: Can someone make a claim on your insurance if they don’t have insurance?. I simply bumped someone on the road, technically my fault. No damages, we don’t call the cops but I provide my id and insurance bc I’m dense. She texts me two days later asking for money for a deductible and when I tell her I’m not responsible she states if I pay her, she will not go through insurance. I again say no. My insurance calls me about a claim. I don’t think she has insurance. We also are in Michigan but her plate says California. | A:A Michigan attorney could advise best, but your question remains open for a week. The short answer is that they can. However, in most jurisdictions, they're recovery could be limited due to not being insured - a local attorney could advise more definitively about limitations on recovery, if applicable. Good luck |
Q: I own a farm inside of a city. They have changed the zoning from agriculture to residential without my knowledge.. I still farm the land and the city says i can not build a new barn. Can they rezone my land? | A:You should have been notified of the zoning change. A zoning request might have to made with Williamson County after you examine your local zoning ordinances and procedures. Otherwise hire an attorney to file difficult Declaratory Judgment or Writ of Certiorari suits in Chancery. Owning farms inside cities is risky and requires constant vigilance to keep them. |
Q: Can I sue a college for not keeping up with residential maintenance.. I live on campus and I’ve had to move dorms 1ce so far thinking about doing it again. The first dorm I was in I had ac blasting in my face at night around 60° and heat during the day which would go up to 75° that I could not control. It would disrupt my sleep schedule and led me to get sick. They finally gave in and switched dorms since the AC unit wasn’t up to date. Now I’m in a new dorm and I’ve complained about the ac multiple times not working and my room is around 80° at night and 85-90° in the daytime. The school is in Florida which can get hot and causes me to be fatigued. Every time I complain they will reply back wasting maintenance will check it out but I will be neglected until weeks later when I have complained multiple times in person to them that it affects my schoolwork when I have inadequate sleep. (This school has a bad reputation with bad grades so it matters.) They have way more going on like mold infestation throughout showers and ants/cockroaches in dorms | A:To determine your rights and remedies, your contract/lease with the college must be reviewed. Start by reviewing it yourself and see if there is any verbiage regarding maintenance/repair issues, as well as any verbiage on any steps you must take in the event of any dispute or complaint. Then consult an attorney if your issue is not promptly resolved. Also, you may want to complain to the administrator in charge of housing or to the college president's office. |
Q: Hi! I have a question. So I've been receiving disability benefits until recently, and they just stopped no warning oct. they stopped my benefits in October. I didn't find out til I didn't get my payment that month, and this is due to them sending important paperwork to an old address I always update them when it changes, but it's like they have the old address for SSD paperwork, and only updated ssi (i receive both) with the new one even tho this last time I moved in may I specifically asked them if they are sure they took the old address off as no matter how many times I ask they still send half my mail to the old one! They assured me that they updated it. Yet they STILL sent important papers about a review I needed to complete to ONLY the old address so therefore I didn't get them. Resulting in my payment stopping and it being too late by the time I figured out what happened. What I'm asking is, is there a way I could get my payment reinstated, as this was due to their negligence, not mine? Thank you for your time.Hopefully this wasn't to confusing. If I can clarify anything just let me know! | A:In your situation, where your disability benefits were stopped due to paperwork being sent to an old address despite your efforts to update it, you do have options to seek reinstatement of your benefits. First, contact the Social Security Administration (SSA) immediately. Explain the situation clearly, emphasizing that you consistently updated your address and the error occurred on their end. Request a reconsideration of your case. This process allows you to explain why your benefits should not have been stopped and provide any necessary information or documentation that was missed due to the address issue. It's also helpful to gather any evidence that shows you updated your address with them, such as copies of correspondence or notes from phone calls. If you face difficulties or the process seems overwhelming, consider seeking assistance from an attorney or a disability advocate. They can guide you through the process, ensuring that all the proper steps are taken to present your case effectively to the SSA. Remember, prompt action is crucial in these situations to minimize the time without your benefits. Stay persistent and make sure to follow up regularly on the progress of your case with the SSA. |
Q: Adding claim/defendant to federal complaint - question.. Adding claim/defendant to federal complaint - question. EMTALA complaint against hospital was just filed with federal court, with additional claim for CMIA violation (under supplemental jurisdiction) There is basis to add false claims act claim for fraudulent referral to hospice with non-existent terminal illness, adding hospice as defendant. Should plaintiff wait for scheduling conference? At what point of lawsuit plaintiff can ask court to grant leave to amend complaint? | A:In your federal case, you have the flexibility to amend your complaint before the opposing party responds or within 21 days after serving it, according to Federal Rule of Civil Procedure 15(a)(1). If this timeframe has elapsed, then you'll need the court's permission to amend. Considering your case, moving promptly to amend the complaint to include the False Claims Act claim and adding the hospice as a defendant could be advantageous. This is particularly relevant if the new claim closely relates to the existing ones. However, if a scheduling conference is imminent, it might be wise to wait until then to discuss the amendment. This could offer insights into the court's perspective and potentially expedite the process. Keep in mind, the court will weigh factors like possible prejudice to the opposing party, the timing of your request, and the reasons for amending. Be prepared to address these points in your motion for amending the complaint. |
Q: Can I receive an unrelated cash settlement and still be eligible for SSI/SSDI. I have become disabled and am waiting for SSI/SSDI. I am putting in a second appeal. Over the summer I won a class action suite for a decent sum. If I were to cash that sum, would I be disqualified for SSI/SSDI? Also, I am moving to subsidized housing in Orange MA. | A:SSDI eligibility is based on your work history and medical condition, and is not impacted by assets or unearned income like a cash settlement. SSI, on the other hand, is a needs-based program. If you receive a cash settlement, it may affect your SSI eligibility because SSI considers both income and assets. It's important to report the settlement to the Social Security Administration if you're receiving or applying for SSI. Additionally, the regulations surrounding subsidized housing could take into account your financial resources, so it's advisable to consult with an attorney or the housing authority in Orange, MA regarding any potential impacts. |
Q: What is lawful production of livestock in nc?. Unless they have changed the law, I thought that it stated that county can’t zone out production of livestock as a city can, due to NC being a right to farm State. | A:In North Carolina, the lawful production of livestock generally refers to raising and breeding animals for agricultural purposes. This can include various types of livestock, such as cattle, hogs, poultry, sheep, and goats, among others. The specific rules and regulations regarding the production of livestock can vary depending on the county and local ordinances, as well as state laws. If you are interested in engaging in the lawful production of livestock in North Carolina, it is essential to familiarize yourself with the relevant agricultural laws, zoning regulations, and any specific requirements set forth by local authorities |
Q: One of the top match making sites gave out my personal email address to someone I was chatting with. Can I file charge?. Is there a statute of limitations? It was 3 years ago. | A:If a matchmaking site disclosed your personal email address without your consent, you may have grounds for a legal complaint, especially if it violated their privacy policy or terms of service. The viability of your claim will depend on the specific facts and circumstances surrounding the disclosure. You should review the terms and conditions you agreed to when signing up for the site. It's essential to consult with legal counsel promptly to determine the best course of action and ensure you act within any applicable limitation period. Remember, timely action is critical to preserving your rights. |
Q: Does my family member have a case for innocent, or even negligent misrepresentation?. A family member of mine recently purchased a used car in California, opting to enter into an “as is” contact because the car dealer showed them paperwork certifying the condition of the car (checked/signed off on by a mechanic of his choice), as well as a clean accident report. Due in large part to these statements made by the car dealer, as well as paperwork to back up said statements, they were comfortable purchasing the car without a warranty. Two weeks have gone by, and the car now has a severe transmission fluid leak. After taking the car to an independent mechanic, they confirmed that the original engine was replaced with a junk engine, something that any mechanic would have been able to reasonably confirm after seeing the bright green spray paint/drag marks where the engine was haphazardly replaced. The car dealer denies knowing about the engine/transmission fluid leak. The vehicle cannot be safely driven anymore. Do we have a case for innocent or negligent misrepresentation? | A:Like most attorney responses...it depends. The fact pattern suggests your friend had the vehicle inspected by "mechanic of his choice." This implies that your friend's mechanic inspected the vehicle and found no issues. Or it could imply that your friend did not have the vehicle inspected and therefore took the risk. These are not simply cases so your friend should call and consult with an attorney that handles dealership fraud cases. The cases are very fact specific and the attorney would need to review all the documents and ask many follow up questions. After the attorney has answers to questions and reviews the documents, the attorney will be able to offer options to your friend. |
Q: Hi. An Indian citizen here. I wanted to inquire about how to proceed with a pending invoice still not paid by agency.. The entertainment agency is based in California but I'm from India. It's been over 3 months yet the invoice hasn't been paid. As a freelancer I'm not able to afford a lawyer yet. Kindly advice on what to do. | A:In your situation, where you are based in India and the entertainment agency is located in California, there are a few steps you can consider taking. First, initiate direct communication with the agency, preferably in writing, to remind them of the outstanding invoice and politely request payment. Provide any relevant documentation or evidence supporting your claim. If you haven't done so already, follow up with multiple reminders, maintaining a professional and persistent approach. If the agency continues to ignore your requests, you might want to explore alternative methods of resolving the issue. Research whether there are any applicable laws or regulations that could assist you in pursuing payment, either in India or California. Consider seeking advice from a legal professional who specializes in international business or contract law to understand your rights and options. Additionally, you may want to reach out to organizations or associations related to your profession that offer support or resources for freelancers dealing with payment issues. |
Q: Suma has a patent for fish feed formulation and now she realizes the addition of 10% by weight of coconut oil into the. formulation extends disintegration time for fish pellets in water and this is well known in the art.Kindly advice how she can protect this improvement. | A:Suma can protect her improvement in fish feed formulation by filing a patent application. Since the addition of coconut oil is a novel improvement over the existing formulation, it may meet the criteria for patentability, particularly if it provides a new and non-obvious benefit, like extended disintegration time. In preparing her application, she should clearly document how her improvement differs from what is already known in the field. This includes detailing the specific effects of adding coconut oil and how this contributes to the efficacy of the fish pellets. It's advisable for her to conduct a thorough patent search. This step is crucial to ensure her improvement isn't already covered under existing patents. It also helps in understanding the scope of current technology in her field, which could aid in drafting a robust and comprehensive patent application. Working with a patent attorney would be beneficial in this process. An attorney can guide her through the complexities of patent law, help in drafting the application to ensure it meets all legal requirements, and assist in navigating the patent office procedures. Once the patent application is filed, she should be prepared for a potentially lengthy review process. The patent office will examine her application for compliance with legal standards, including novelty and non-obviousness. Her attorney can assist in responding to any queries or objections raised by the patent office during this process. If her application is successful and the patent is granted, it will give her exclusive rights to use and license her formulation, thereby providing a competitive edge in the market. |
Q: I was in a accident with a friends vehicle. No one is injured but my insurance wants me to record a statement.. I slid out on ice and hit my friends car. I have never dealt with an insurance company before and I want to make sure I don't get taken advantage of. What should my course of action be? | A:Your concern is warranted. Your insurance policy likely requires you to give a statement. It is probably unnecessary for you to have an attorney but you can hire someone to be with you if you would like. |
Q: In the state of New Mexico is the G.C. liable on a prevailing wage job to pay a 3rd party employee if their employedidnt. We were a 3rd party contr ax actor which my employer gave us run around on wages for prevailing wages and were afraid if we pursue this hell never pay and close the doors. Got to thinkin what is certified payroll for to account for every penny spent of tax payers money so if our boss goes belly up maybe the bigger contractor is accountable then if so theyll have the me ax nd and resources to recover from our old employer | A:In theory, the GC should be liable for the unpaid subs, yes. |
Q: I was charged with attempted theft in Nevada and did probation, can I pass a background check to buy a firearm?. I know that theft is a category c felony but on my plea deal paperwork the attempted theft was a gross misdemeanor. I know I still have rights if it’s a gross misdemeanor but the more I read into the ATF guidelines of background check I’m not sure sure how it works. Also I completed probation month prior. | A:If you were originally charged with felony theft, but that charge was reduced to a non-felony conviction, then that charge will not bar you from legally possessing or purchasing a firearm. The judgement of conviction will be the controlling document. |
Q: The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways.. The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while many of them have ties to the very beginning of the game, is not the same team it was at the beginning. They're missing some of the most important contributors to the Skullgirls brand. They're also literally a completely different company than the original Lab Zero, who is now censoring Lab Zero's products. if these were physical products. Imagine if you bought a physical art book that you really loved. Ten years later, when the company you bought that art book from is overtaken by another company, that new company comes into your house and demands that you give them the pages of the art book that they deemed offensive. simiar situated similar facts & loss | A:The situation you're describing with the Skullgirls digital product raises complex issues in digital content and consumer rights. In the digital realm, the rights and expectations can be significantly different from those associated with physical products. The End User License Agreement (EULA) or terms of service typically govern these situations and may grant the company considerable discretion to alter the content. If you feel that your rights as a consumer have been violated by these changes, the first step is to review the EULA or any terms of service you agreed to when purchasing the product. This will help determine what rights you have in relation to the digital content and whether the company's actions might constitute a breach of contract or other legal violation. Considering the unique aspects of digital products, consulting with an attorney experienced in consumer law, particularly in digital and online products, is advisable. They can assist in assessing the legality of the alterations made and guide you on potential courses of action, including filing a claim if appropriate. Be aware that digital content laws are still evolving, and cases like these can set precedents. Therefore, navigating them can be challenging, making professional legal advice crucial in understanding and asserting your rights. |
Q: Can we make a dealer repair or replace a bad 5th wheel camper (used)?. Purchased a used 5th wheel camper from a dealer. Got it home and slide-out malfunctioned. Went out crooked, woud not go back in straight. Paid someone to come get it in straight. He found a bent slide rail and gears with evidence of previous damage. | A:Depends on whether you purchased "as is" or with or without a warranty. And maybe whether they knew about the problem and intentionally covered it up. |
Q: What can you do if a prosecutor lies to a judge about you?. Prosecutor has lied several times but criminal attorney said it doesn't have anything to do with statue you were charged with. What can or should you do? | A:"Never interrupt your enemy when he is making a mistake." - Napoleon Bonaparte Perhaps your lawyer knows that the judge already knows that the prosecutor's argument is irrelevant. |
Q: My girlfriend bought a car from a small car lot and 6 months later the engine blew. Is there anything we can do?. My girlfriend bought a car from a small car lot and 6 months later the engine blew. She still owes $11,000. They want $4000 to repair the engine. They won't tell us what is wrong with the engine just that we need to pay them to fix it. Is there anything we can do? | A:You should consider taking the vehicle to another mechanic for a second opinion given the size of the repair estimate. |
Q: If someone was involved in a car accident and the person at fault has insurance but was late paying it does their. Insurance still cover them | A:It will depend on whether there is a "grace period" or the insurance simply lapsed due to non-payment. Make the claim and find out. |
Q: Can utility co. charge 10% "late penalty" when current charges are being paid timely but customer has past due balance?. Local utility company has a written 30-day due date for utility bills. If not paid w/in 30 days, assess a one-time 10% penalty, plus .5% monthly interest for past-due balances. If customer has a past-due balance, utility company then puts "DUE UPON RECEIPT" on the monthly bill and imposing a 10% penalty on the CURRENT CHARGES if paid after the due date, which is the same day the customer gets the invoice. Thus, unless the customer can completely pay the past due balance AND the current balance the day the invoice is received, another 10% penalty is applied. EXAMPLE: Jan 1 invoice for $300 in utilities. Customer makes $100 payment on Jan 30. New invoice on Feb 1 with $20 penalty for $200 past-due + $300 in new utilities. Total due: $520. Customer makes $300 payment on Feb. 28, paying new utility charges w/in 30-day window New invoice Mar. 1- utility company charges $30 penalty + .5% interest on past-due balance. Legal? Seems to short-circuit 30-day rule. | A:It appears that the utility company is applying your payments to the oldest debt, not the current debt, this means as long as you keep a past due balance you are going to be assessed late fees for underpayment of the bill. To avoid this you would have to pay off the current balance 100$. I would question the March 1 $30 charge because your past due is only $220, so they overcharged you on the penalty. One of the problems with fighting with your utility company is that they always have the last word and if you don't pay what they demand, they cut off your service and then won't allow you to have an account with them. It isn't fair or right but that's the way it is. There are also programs for people to spread out utility bill payments when the utility has high and low seasons (i.e. gas bill in the mountains where colder in winter, more gas for heating) You should look into your utility to see if they have such a program. |
Q: Questions regarding legal career. I'm currently a Political Science student at UCLA. I am considering going to law school and I would like to talk to currently practicing lawyers to gain some perspective regarding law school and careers in law so I can make an informed decision as to whether or not to attend law school. Would appreciate if anyone would be willing to chat :) | A:Firstly, it's important to understand that law school is a significant investment of time and money, so it's important to consider your long-term goals and motivations for attending law school. Some common reasons for attending law school include a desire to practice law, a desire to gain legal knowledge for another profession, or a desire to pursue a career in academia. To gain some perspective on law school and careers in law, it may be helpful to reach out to practicing lawyers in various fields and specialties to learn about their experiences and advice. You can do this through informational interviews or networking events, or by reaching out to alumni of your school or other professional organizations. It's also important to do your own research on law schools and their respective programs, as well as the requirements for entering the legal profession in your desired field or state. This can include researching the admissions process, costs of attendance, career opportunities, and bar exam requirements. Overall, it's important to carefully consider your goals and motivations before deciding to attend law school and to seek out advice and information from a variety of sources. Good luck with your decision-making process! |
Q: A police officer threatened me when I wanted to file a report of a crime that took place against me in another country.. I was kidnapped in another country, the kidnappers have my phone with all my information, my family's information, and they made threats that they would harm me in the USA if I filed a report. I have thousands of dollars taken from my accounts, and now I am facing possible future harm to me and my family by these kidnappers. A police officer in my local police department refused to take down my report, and even threatened me about filing one because the crime took place in another country. He refused to even take down an Identity Theft report. Do I have a case against the LAPD and the city of Los Angeles. | A:Based on the facts provided, you potentially have a claim against LAPD and the City of Los Angeles for their failure to carry out their duty, however the specifics of your situation and how it was handled are critical. Success of a lawsuit would hinge on proving police negligence or misconduct, which could be challenging. You should consult an attorney to evaluate the details of your situation for better guidance. James L. Arrasmith, Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith |
Q: I was granted ssi &SSDI in 1996 with a onset date of June 10 1985.i was given a payee till 2021. In 2021 I am my owe pay. Payee for 27 years.human service.social security.medicare &medicaid.have the wrong date of birth that shows that any time they tried to enter my information into the federal data base for matching program for benefits funding international justice data base it was kicked out with no matches.for 27 years I have had no education funding program funding.Naive America funding.i still have to give false information to all agency's to access my healthcare insurance my benefits.are under the same information.i filded a discrimination on hippa laws was denied .the social security is paying me under the wrong family members social security number.what is the best recorse they are in default for servivor navy benefits. And black lung benefits. For 35 years it in the record | A:I understand your concerns, and it's crucial to rectify such administrative errors. Firstly, you should gather all relevant documents proving your correct personal information, like your birth certificate, any government-issued IDs, and records indicating the discrepancies in data. Then, schedule an appointment with your local Social Security office to address and correct these discrepancies. If they do not address your concerns satisfactorily, consider seeking legal counsel familiar with Social Security and benefits law. They can guide you in taking necessary legal steps, potentially including a lawsuit if appropriate. Survivor navy benefits and black lung benefits have their own specific criteria and application processes, so you'll also want to ensure you're following the correct channels for those. Documentation and persistence are key. Addressing such long-standing administrative errors can be challenging but is essential for accessing the benefits you're entitled to. |
Q: My stockbroker was part of a Ponzi scheme and he subsequently filed for bankruptcy. Can I still recover money I lost. from him? | A:Even if your stockbroker has filed for bankruptcy you may still be able to recover investment assets lost in connection with the Ponzi scheme. If your stockbroker was licensed with a registered broker dealer then a FINRA arbitration could be commenced against the broker dealer and recovery of your lost investment assets could be made through that entity. If your stockbroker was operating as an independent advisor then recovery can be a little more of an issue. Much will depend on affiliations with other investment advisors that your stockbroker may have been working for as an agent. For instance, our lawfirm is presently involved in litigation against an investment advisor in connection with a Ponzi scheme. The investment advisor ran an LLC and operated an advisory as an independent but was also an agent for another investment advisor. Through this agent/principal relationship we were able to form a cause of action against the broker dealer for recovery of our clients lost assets connected with the Ponzi scheme. |
Q: Suing a staff who lives and works locally but his company is located in another state, State Court or Federal Court?. An employee of a company had sent by the company to come to work in CA. He works for the company, gets paid from the company, uses the company van for work, and his apartment rent and other utilities bills are also paid by the company that is located in another state. If that employee committed an intentional tort to injure another tenant in the same apartment building, can this injured tenant sue that violator and his company (for the negligence of not managing its employee well and did not take action to rectify its employee's illegal acts)? If the necessity to sue the violator's employer for the monetary compensation is so compulsory and indispensable, should the victim sue both the violator and his company in State Court or Federal Court? With regards to the venue of the lawsuit, should the victim file his lawsuit in Santa Clara County of CA (where the intentional tort had occurred)? Or sue in the County of another state in which the violator 's employer is located? | A:It is unusual a company would be liable for the intentional tort of an employee, especially if it had nothing to do with his employment. The fact the company pays his bills doesn't mean it's liable. I suggest you discuss this with an attorney before filing anything. |
Q: judge said fully favorable I applied in 2018 but judge said my disability began In 2016 will I get backpay to 2016?. Oklahoma here. | A:If a judge has issued a fully favorable decision in your Social Security Disability case and determined that your disability began in 2016, you are generally entitled to backpay from the established onset date of your disability. In your case, since you applied in 2018 and the judge recognized your disability beginning in 2016, backpay would typically be calculated from 2016. However, it's important to note that Social Security Disability Insurance (SSDI) backpay is subject to a five-month waiting period from the onset date of your disability. This means that your backpay would likely start five months after the date the judge determined your disability began. Additionally, the total amount of backpay can be affected by various factors such as any workers' compensation benefits you may have received or any income you earned during this period. It’s also essential to understand that processing times for backpay can vary, so there might be a delay before you receive these funds. To ensure you receive the correct backpay amount, you might find it helpful to consult with a legal professional who can provide personalized guidance based on the specifics of your case. They can help you understand the nuances of your situation and assist with any further steps you might need to take. |
Q: I need help changing a representative payee at the social security. The current payee is committing financial abuse. It's been 3 months since we requested the change without any luck. No one at the social security office is of any help. Please we are desperate | A:Document all instances of financial abuse and collect evidence. Submit this information to the Social Security Administration and insist on a change of payee. If they aren't responsive, escalating to higher authorities or legal action may be necessary. |
Q: Hi, to whom it may concern, i would like for file a trademark for my business, need help. i want to know if i can file a trademark for one particular item for sale on my website page | A:If you are using the mark to identify you as the source of goods in commerce, the mark is capable of being registered as a trademark. It would be prudent to research whether the mark has been used previously by another supplier of similar goods before adopting the mark and applying for registration |
Q: The defendant removed the case to Federal. Can I request a free lawyer as a plaintiff?. I have heard that in the California federal court, a pro se plaintiff can request a free lawyer. It is up to the discretion of the judge. If that is the scenario, then why don't every plaintiff simply get lawyers for free from the court? | A:In federal court, it is indeed possible for a pro se plaintiff to request a court-appointed attorney. However, this is not commonly granted, as the provision of free legal representation is typically limited to certain types of cases, such as criminal defense, and is not a standard practice in civil litigation. The decision to appoint a free lawyer is at the discretion of the judge and is based on several factors. These include the complexity of the case, the plaintiff's ability to represent themselves effectively, and the merits of the case. The court also considers whether the plaintiff has attempted to obtain legal representation on their own but was unable to due to financial constraints. It's important to understand that the availability of free legal representation in federal court is limited and not guaranteed. This is why not every plaintiff can get a lawyer for free from the court. If you find yourself in this situation, it may be worthwhile to explore other options for legal assistance, such as legal aid organizations or pro bono services offered by law firms or legal clinics. |
Q: Exhusb got house in divorce, I'm domestic violence survivor. He was suppose to sell give $10,000 per divorce decree.. He never did he made me sign quit claim said now I'm off loan. He lied to me to refinance. He died house in foreclosure. Can I do anything? | A:If the statute of limitations has not expired, you can sue your ex-husband's estate for the $10,000 you were supposed to receive. Whether the statute of limitations has expired depends on the language of your divorce decree. Typically, a decree will set a within which a spouse is ordered to sell. Sometimes, however, a decree does not set a specific time. In that instance, a reasonable time is implied by law. What constitutes a reasonable time depends upon the facts and circumstances of your particular case. The statute of limitations is two years and began to run either on the date when the specific time set by the decree expired or when a reasonable time lapsed. |
Q: Would creating a knife blade with similar shape but different ornament from one patent and adding to a handle from a. Different manufacturers knife handle that has a separate patent be infringing? | A:There is nothing to prevent you from combining two or more elements from different patents to produce somethin novel and patentable. However the product needs to be novel and non-obvious. On the other hand if your question is whether ou would be infringing if you took a patentad product, added an ornamental element to it, and sold it - thae answer is very probably yes, you would be infringing. So don't do it! Good luck. Adam |
Q: So my lawyer filed an appeal but I didnt have an input, who/how can I add to it or do I file my own?. So I had grounds for a mistrial due to some thing a witness said that was supposed to be excluded, but I have many reasons to add due to inadequate representation of counsel that I expressed to my lawyer, three separate occasions before verdict and b4 sentencing, I provided a list of not just complaints, but actual reasons that I got confirmation from lawyers that are valid, but my lawyer put the request in for appeal and waiting for a response, but didn’t add the ineffective council part. Do I call her office and talk to her supervisor or do I file my own or how do I have a way to put my input because she’s obviously not gonna complain about herself. That was when I told the judge at sentencing and she was mad at me for it so I don’t even know what is on the appeal request that she sent again I had no input whatsoever and I don’t know who to contact the ineffective council, a huge, huge impact For at least many reasons that have been confirmed thru this site and consultations. | A:If you have concerns about inadequate representation from your lawyer during your trial, you have the right to address those issues. You can reach out to your lawyer's office and request a meeting with them or their supervisor to discuss your concerns about the appeal. It's important to communicate your specific reasons for believing that you received ineffective counsel. They may be able to incorporate these concerns into the ongoing appeal process or provide you with guidance on how to proceed. If you're not satisfied with the response from your lawyer's office, you can consider seeking assistance from a different attorney who can help you evaluate your options, including the possibility of filing a separate appeal based on ineffective counsel. It's crucial to act promptly and seek legal advice from a professional who can guide you through the appropriate steps under California law. |
Q: My lease agreement prohibits "discharging a firearm in the apartment community" does this include self-defense?. Say I'm encountering a burglary that I either suspect or know the opposite side carries a weapon of deadly forces such as gun or knife. After multiple warnings that I'm armed, the burglar does not heed my warning and proceeds with invasion and poses as an imminent threat to me. In such scenario, if I were to discharge my firearm to protect myself, is this an unlawful discharge that's considered as a violation to not only the apartment agreement but also a felony? | A:The clause in your lease agreement prohibiting the discharge of a firearm in the apartment community is typically intended to prevent reckless or unnecessary use of firearms. However, the legality of using a firearm in self-defense, even within your apartment, depends on state and local laws regarding self-defense. In a scenario where you are facing an imminent threat to your life or severe bodily harm, such as a burglary where the intruder is armed and poses a direct threat, most jurisdictions recognize the right to self-defense. This right often includes the use of reasonable force, potentially including a firearm, to protect oneself. However, whether discharging a firearm in self-defense constitutes a violation of your lease agreement is a separate matter. While self-defense can be a legal justification in a criminal context, it does not automatically exempt you from contractual obligations in your lease. The property management could argue that discharging a firearm, regardless of the reason, violates the lease terms. This could potentially lead to eviction or other penalties as stipulated in the lease agreement. It's important to review the specific language of your lease and consult with an attorney to understand how these provisions might be interpreted in the context of self-defense. Remember, each situation is unique, and the outcome can depend on various factors, including the specifics of the lease agreement, the circumstances of the incident, and state and local laws. An attorney can provide advice tailored to your specific circumstances. |
Q: Upcoming retaliation hearing in October to remove my current visitation & phone order. Absolutely nothing to back it.. Both grandpa & I raised our grandson from birth. Unstable drug addicted mother violently ripped him away last June. Court Joined me. Grandpa suddenly passed due to the stress. One hour after he was found the other party was in his phone & submitted my private privileged text with an attorney. I said - I wish someone would cut off the arms & legs off the person who ripped & held my grandson for months against his will. (Spoke to a mediator in SD who said - she would've said much worse! Now a nurse and senior who never threatened anyone has an RO & I have paid a ridiculous monitor over $2500 to see the grandson I raised and limiting my time btwn 2-4 hours because of the huge expense. Please help - this is the highest form of injustice. | A:I'm really sorry to hear that you're experiencing this. In California, it is essential to approach this kind of situation with a strong legal strategy which may include gathering all necessary evidence to demonstrate your close relationship with your grandson and your positive influence in his life, and to rebut any claims made by the other party. You might consider working closely with an attorney to craft compelling arguments that focus on the best interest of the child, a standard often used in family court, and to possibly challenge the admissibility of the text messages on the grounds of privilege; consulting with an experienced family law attorney to help guide your strategy and represent your interests in court could be a crucial step. It's essential to approach the upcoming hearing prepared with all necessary documentation and a clearly articulated argument in favor of maintaining your visitation and phone order. |
Q: If a Judge willi accept case can one request case be filed by clerk with that courtroom? ( Cal Superior Ct Case). Case would be a California Superior Court Case -- if an individual judge is willing to accept case can the case be filed by the court ckerk for that courtroom? | A:In California, the process of case assignment to a particular judge generally depends on the court's internal rules and procedures rather than individual judges accepting cases directly. When you file a case, the court clerk typically assigns the case to a judge based on a system that ensures a fair and balanced distribution of cases. This could be random, rotational, or based on specialized subject matter divisions within the court. However, there are circumstances where a case might be directed to a specific judge. For instance, related cases are often assigned to the same judge for consistency. If you believe your case should be assigned to a particular judge due to its relation to another case or for other valid reasons, you should file a motion or request in accordance with the court's rules. Remember, the key is to follow the formal procedures laid out by the California Superior Court. This might involve specific forms or motions to request a particular judge. It's essential to be familiar with the local court rules and procedures, which can vary from one jurisdiction to another within the state. It’s advisable to consult the court's clerk office or local rules for specific guidance on filing procedures and case assignments. They can provide valuable information on the correct process to follow and any special forms or steps you need to take. |
Q: Can I register an LLC and deduct expenses if no revenue comes from it?. There is a potential part-time consulting job that would require software for the next round of the pitch. Also, I am spending thousands in due diligence on a potential private investment. I look to do more of these kinds of deals even if these don't work. If I register an LLC, can I deduct those expenses even if no revenue comes from it? | A:Yes, you can generally register an LLC and deduct business expenses, even if no revenue is generated immediately. The IRS allows deductions for ordinary and necessary expenses incurred while actively pursuing a business, which includes startup and operational costs. However, it's crucial to maintain proper records and demonstrate a genuine intention to operate a business in order to claim these deductions legally. Consulting with a tax professional or accountant is advisable to ensure compliance with tax regulations. |
Q: BLUF: Question about legality of pay cuts and avenues of action as a Contractor.. Say a large company wins the bid for a federal contract to provide Network/IT services to the military in Florida and offers you a position at say $86,000 along with a signing bonus or education benefits. However, if you take the sign on bonus or use those education benefits you are required to stay with the company for 1-2 years or you have to pay the full amount back. But, 3 months down the line after you've already taken the sign on bonus or used education benefits, the company informs you that they are cutting everyone's pay by 30-40%. (The company in question has done something similar to other contracts in the past) Is this legal? Would I be required to pay the benefits back if they randomly change my pay like this? And what is my recourse, if any in this situation? | A:An attorney should review your contract to determine what rights they have to reduce your agreed pay and exactly what parameters surround the sign-on bonus and education credits. Like with many issues in contract law, it depends on what the contract says. |
Q: How can I find out about noise ordinance in my city?. An oil company is pumping water out of a strip pit that is really close to my house and their pump runs continuously disturbing my sleep all hours of the night. | A:Depending on where you live, your subdivision, city or county may have a noise ordinance and you can ask that they send someone out to measure the decibels produced by the pump and see if it violates the ordinance. If that does not work, you could ask the oil company if they are using a muffler on the pump and if not, could they please do so. If none of these work, consult with a real estate litigation attorney about whether the noise is sufficient to constitute a noise trespass that you could file suit to get stopped. |
Q: What is the best way to find/establish a lawful team to sue a prison for negligence, wrongful death, & other violations?. Prison Location: North Carolina My Location: Florida Relation to deceased: Daughter Date of Death: 10/18/2020 | A:So sorry to hear about your daughter. Since this happened in North Carolina, you must search for an attorney in that state. Look for attorneys handling civil rights. Options: (A) Click on the Justia find-a-lawyer tab up top; (B) Search the National Lawyers Guild site at https://www.nlg.org/referral-directory (click on North Carolina in the State drop-down menu); (C) Google: prisoners rights North Carolina. That last option brings up interesting results that I would check out if I were you. |
Q: Can cos just put child up for adoption without seeking family knowing grandparent and more family wanted baby. My sons girlfriend had the baby while my son was in jail the other grandmother was at the hospital when she left to work and came back they refused yo let her see the baby anymore cps told mother if she didnt sign baby over she was going to jail i called cps i went into cps i talked to every supervisor they would allow me to i told them we wanted the baby the baby had a sister a brother aunts uncles grandparents relatives that would take goo care of her they told me to bad shes being put up for adopting i asked for the case number and baby lawyers name they told me to bad my son passed away but he has a daughter that keeps asking about her lil sister how can they get away with this my grand baby is three years old i dont even know where she is if she is ok cps sold my grandbaby i thought they are supposed to seek family out first she was born 04/30/2019 6years and 6 days after her older sister kailee how can they just do that to us its not right | A:In California, Child Protective Services (CPS) is generally required to prioritize placing a child with relatives before considering adoption. This is in line with the principle of maintaining family connections and providing a supportive environment for the child. If family members, such as grandparents, express a willingness and ability to care for the child, CPS should consider this option. However, there are cases where CPS may decide against placing a child with relatives. These decisions are usually based on assessments of the child's best interests, including the relatives' ability to provide a safe and stable environment. The specific circumstances of each case play a crucial role in these decisions. If you believe CPS did not properly consider your family as a placement option for your grandchild, you may have legal recourse. It's advisable to consult with an attorney who has experience in family law and child welfare cases. An attorney can help you understand your rights, the legal process, and any potential steps you can take to seek custody or visitation rights. Given the complexity and emotional nature of these situations, having legal guidance is important to navigate the system effectively and advocate for your family's interests. Remember, every child's case is unique, and the legal approach should be tailored to the specific details of your situation. |
Q: Hello, I have some issues going on and I am desperate for legal advise. 1st I need help to file an emergency replevment. Self Help at the court house said that is what I need to file to be able to have my belonging that are in my now EX's storage unit. LONG STORY but I have proof of it all in texts. She is trying to sue me and its all false information that will be filed. 2nd I think and have some proof as well that she might of used my identity to open credit cards or accounts and has affected my credit tremendously. We were together 5 years as of November 2022 and i found out she cheated on me that has ended our relationship. We tried to work things out but recently she has been doing some very shady stuff that i backed off completley and now she wants to fight for my stuff in the storage unit. She is threatening to throw it all away and local police wont help me. PLEASE the stuff i have isnt much but its not replaceable things. Some of it was my grandmother's who passed in 2001. | A:I'm sorry to hear about your situation, Dawn. If you believe you need to file an emergency replevin action, this is a legal remedy that seeks the return of personal property. Having proof, such as text messages, can be valuable in supporting your claims. For the potential identity theft issue, gather all evidence and monitor your credit reports closely; consider placing a fraud alert or credit freeze. Report suspected identity theft to the Federal Trade Commission (FTC) at IdentityTheft.gov. Always consult with an attorney in your jurisdiction to get specific guidance tailored to your circumstances. Due to the seriousness and urgency of your situation, it's recommended to contact a local attorney as soon as possible. They can provide advice and represent your interests in court if necessary. |
Q: Is my situation grounds for a lawsuit for legal malpractice? Negligence?. I hired counsel for my mothers probate in 3/2020. I told her if the process risked my mental well-being i didn't want anything to do with it. She advised it would be a simple probate, told me to move into the home to protect it by homestead, told me I would be able to sell the house within 6 months, advised me on debts to clear or not, land to sell, bills to pay.. I gave up my rental, used my own money to pay for funeral expenses, to pay off debts, to pay the legal fees, thinking I would be reimbursed with the sale of the house, then 7 months into the probate, she advised me that she was not aware my parents were divorced when my (step)dad died in 2016 and since I have a (half) brother born to them, I don't have the interest in the estate she thought I did so now it was in my best interest just to walk away ($19k total out of pocket) I hired counsel, trusting they would look in to technicalities like that as a part of their job. She missed quite a big detail. Is that malpractice? | A:It may well be. A probate attorney should inquire as to the marital status of the decedent at the outset of an engagement. It’s a very important and basic question like did the decedent have a will. Unless you represented that your mother was “single” and not “divorced”, you may well have a good malpractice case. Of course, if your out-of-pocket is only $19K, it may not be worthwhile to pursue such a claim. |
Q: Is there a legal form that can be used to guarantee my brother share our mother's settlement?. My mother was a Psychiatric Technician at Patton State Hospital. She was injured at work in 2004. She was deemed disabled and medically retired due to her injuries sustained at Patton. She initiated a lawsuit in 2005 against workers comp/state fund. She passed away in September of 2020. In October of 2023, my older brother and I attended a court hearing over the phone, and my mother won the lawsuit 3 years after her death. My brother is asking that I sign for him to be in charge of the money so we avoid probate, but I am concerned with this. Is there any way I can get a notarized agreement that will have any legal standing in the event that he decide not to give me my half of our moms money? | A:Assuming your mother lived in California, the response to your question can be ascertained once you answer two questions: (1) Did your mother have a Trust or Will? (2) What is the collective dollar value of your mother's assets as of the date of her death? If her assets were valued at $154,500, you should see an attorney about the legal requirements for probate. If her assets are valued at less than that amount, there is an affidavit that you can sign, but it must contain specific language required by law, which is too long to put in this answer. I hope that helps! |
Q: I am a realtor and I have an anti-trust law question.. I lost some buyers because they communicated with the listing agent on facebook about the house they wanted to buy and did buy. The listing agent told them if they bought the house from her she could give them a deal because she would have both sides and could give the seller a discount so she could accept their offer. Could that be considered an anti-trust violation because she definitely had an unfair advantage over me. had an | A:To the contrary, it would likely be an anti-trust violation if you somehow prevented those buyers from participating freely in the real estate market or prohibiting them from contacting certain agents. There is a grave difference between an anti-trust violation and an unfair advantage. It does not sound like the other agent participated in any form of collusion, price fixing, etc. Instead, it sounds like you had potential buyers who did not sign any contract with you that then found a house they liked and contacted another agent about the house. Thus, it seems unlikely any rights of yours have been violated. |
Q: Good morning! I have a small business which mainly operates online here in Texas. I have a DBA and a TX sales tax permit. But coming this fall we are moving back to our home country (Philippines). I do reselling of printed items, my suppliers are US based as well as all my costumers. I wish to still continue by business since I can still manage it even if I am abroad. What other permits I need to operate my business legally? As mentioned I already have a DBA and Texas sales and use tax permit. Thank you in advance. | A:Since you're planning to operate your Texas-based online business from the Philippines, you'll need to maintain your Texas sales and use tax permit and DBA, but you should also consult tax professionals regarding any applicable Philippine business permits and tax obligations. U.S. federal law will continue to apply to your business transactions, so compliance with FTC regulations concerning online business is also essential. Keep in mind that if you're conducting business in the Philippines, you may also be subject to Philippine commercial and tax laws. |
Q: Can my siblings mother separate me from my siblings Okay, my siblings mother trying her best to do a problems in my. Father and she doesn't live in the same house with us because my father and she got separated 3 years ago but she is still what a problem to happen I have a strong relationship with my siblings but as you know they love their mother and believe everything she say even if she is laying or else she will hit them if they don't listen to her or do what she wants. My problem is she teach my sister to lie that I hit her so she can go to the judge and they will take my siblings to her my question is how can I show the judge if she went that I didn't touch my sister my sister is 8 years and I 23 YEARS. I know because my sister came and told me that she took a picture and she is telling her that she wants her to recorde her when she is saying my sister is hitting me very hard. I have a pictures of marks in my 3 years old brother body also my 8 years sister body she also told me that her mom is hurting them. But the mom she wants to turn it to me That I hit my sister. So they're scared of her | A:In California, if you're facing accusations of harm against your sister, it's crucial to take immediate action to protect yourself and your siblings. Gather any evidence you have, such as the pictures of the marks on your siblings and any communications that could support your side of the story. This evidence can be critical in showing the court the truth of the situation. You should also consider speaking with an attorney experienced in family law and child custody matters. They can help you navigate the legal process and advise you on the best course of action. If there is evidence of abuse by their mother, it's important to report this to child protective services. They are equipped to investigate and intervene in cases of child abuse. Remember, the court's primary concern is the welfare and safety of the children. Your focus should be on providing a safe and stable environment for your siblings and working within the legal system to ensure their well-being. It's a challenging situation, but taking the right steps can help protect both you and your siblings. |
Q: Wrongful Termination, Soboba Casino and Resort in San Jacinto, CA. Hello, I worked for Soboba Casino and Resort in San Jacinto, CA that is run by the Soboba band of Luiseno Indians. I was an assistant manager. I needed to take a medical leave due to needing back surgery. My Dr requested 6 weeks and would evaluate for more as needed. I was approved for 6 weeks. I was told because I was a key employee my leave is not protected and had to sign stating I understood. At 5 weeks I submitted an updated letter from my Dr stating I needed another 5 weeks for a total of 11 weeks. My leave extension was denied and I was told since I wasn't able to return to work that it was considered a resignation LOA no return. I was forced to resign after being given only 6 weeks for my medical leave. I'm looking for advice on if there is any action I can take. I know Tribes are sovereign nations and laws are different. Any advice or guidance would be greatly appreciated. Thank you for your time. | A:If you feel you have been wrongfully terminated, it's important to review the specifics of your employment contract and the tribal laws that govern employment within the Soboba Casino and Resort. While tribal sovereignty does mean that Native American tribes have their own legal systems, they may still have employment laws that protect workers in situations like yours. It would be advisable to consult with an attorney experienced in tribal law to determine if your termination violated any tribal employment statutes or the terms of your employment agreement. Additionally, check if there were any federal laws at play that might offer you protections, as some federal employment laws could apply to tribal enterprises. Collecting all documentation related to your leave and the termination will be crucial for any legal action you might consider. |
Q: I askea neighbor to tow a vehicle for me we agreed on $100 then he asked for a extra $40 for egas I paid that he towed. I was to pay the $100 the next day instead of collecting the money the next day he towed the vehicle without contacting me has since demanded over three times the original payment refuses to let me get personal items from vehicle (tools) wants me to pay him on cash card first before he tells me anything or let's me see vehicle will not let me see the vehicle or even return my calls when I called the police they said that because I hadn't put the vehicle in my name yet I only had possession 1day there is nothing I can do the title holder gave me the vehicle he has died the person that towed the vehicle knew this before they towed the vehicle in my opinion they stole my vehicle can I sue and make them return the truck the title was in glove box I trusted the person they knew the title was in the glove box since then we have agreed on three different amounts but he refuses to take the money he wants the truck I think he has all along that has been the whole prob lol em all along | A:If your neighbor towed your vehicle and is now refusing to return it or let you retrieve your personal items, you have legal rights to consider. First, document all agreements, payments made, and any communication between you and your neighbor. If the vehicle was given to you and you possess the title, that supports your ownership claim. You may file a claim in small claims court for the return of the vehicle or the value thereof, and for the personal items inside. It's important to gather evidence such as a bill of sale, the title, and any witness statements regarding the transfer of the vehicle to you. Communicate with the neighbor in writing, if possible, to have a record of all interactions. Before proceeding with legal action, it may be beneficial to send a formal demand letter, possibly with the help of a lawyer, outlining your position and the consequences of not complying. Remember that each state has specific laws regarding the process of transferring vehicle ownership, which should be followed to establish your legal rights formally. |
Q: i am wondering if i would be able to date someone who is 23. i am 16 and live in Alberta. The person i would like to date is not in any position of power such as a mentor, instructor, however they do work in the military. | A:In Canada, the age of consent for sexual activity is 16 years old, but there are exceptions where the older person is in a position of trust or authority over the younger person, or where the relationship is exploitative. Given the age difference and the fact that the person works in the military, this could potentially be seen as an exploitative relationship, even though they are not directly in a position of power over you. It would be essential to ensure that any relationship is consensual and not exploitative in nature, keeping in mind the legal obligations and ethical considerations involved in such a relationship. Always prioritize safety and legality in these matters, and when in doubt, seek advice from a trusted adult or legal counsel. |
Q: Was in a car accident, insurance company didn’t cover me because they came to the conclusion I was doing gig work.. At the time of the accident, I was actually on my own time, not having any active orders assigned to me by Instacart. The app was opened in the background on my phone, but I wasn’t paying any attention to it. I was heading back to the supermarket to use the facilities when the accident occurred. Would you think my insurance company should cover me? I should add, I had another minor incident prior to this which I didn’t file a claim on, but I spoke with a rep at my insurance company who stated because there were no passengers I was carrying, they would cover me, but I chose not to file a claim. I had no idea that personal insurance wouldn’t cover gig work prior to this, and after this exchange I’m sure you can understand why I still had no idea they wouldn’t cover me if something unfortunate should happen. Do you think they should legally have to cover me? Thanks so much for any advice, sorry to not be more economical with my words, this is too long… | A:A Massachusetts attorney could advise best, but your question remains open for a week. Carriers can consider gig work to be non-personal use. An attorney could advise better with a copy of the carrier's denial. Good luck |
Q: What does B.A.R mean? Lawyers are members, what does it mean? Why are you a member? I was told it is British!. Marco advised I ask google, isn't this ask a lawyer. If google is the best answer, I knew lawyers are part of the problem | A:It's not an acronym. see: [20-22] "... (Britain, law) The railing surrounding the part of a courtroom in which the judges, lawyers, defendants and witnesses stay (US, law) "the Bar" or "the bar" The bar exam, the legal licensing exam. He's studying hard to pass the Bar this time; he's failed it twice before. (law, metonymically, "the Bar", "the bar") Collectively, lawyers or the legal profession; specifically applied to barristers in some countries but including all lawyers in others. He was called to the bar, he became a barrister. ...". https://en.wiktionary.org/wiki/bar |
Q: Chesapeake Energy property, which was in deceased father’s trust, did not have a quit claim from trust to. beneficiaries. This was discovered after trust ended with final tax return. Chesapeake insists there has to be quit claim from trust to beneficiaries in order to claim ownership, but since trust no longer exists, nothing can be conveyed. What should be done? | A:Sorry for your loss. It is no uncommon for minerals to left out of a trust. In fact the same thing happened to Bing Crosby. It is extremely likely that your father also had a will with a clause that instructed that any property administered is to be put into the Trust. This is known as a "pour over Will". The process is normally to probate the Will in the state where the minerals are located. Then according to that state's procedure the Trust can become vested in the minerals. Then the trustee follows the Trust's instructions with regard to assets. Most often this calls for the Trustee to distribute the minerals to various heirs. This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship. |
Q: 1/2..My son's biological father (never married) has never met or wished to have anything to do with him. We haven't. 2/2… talked in almost 2 years since the day he was born. My now fiance, soon to be husband wants to know how to go about becoming his legal parent. How should we proceed after marriage? | A:After marriage you and your new husband can file a petition for adoption of the child. Do NOT try this on your own -- there are too many opportunities to do it incorrectly and the stakes are too high! Hire an attorney who does adoptions and let him or her make sure all the details are handled correctly. |
Q: divorce was filed after 5 yrs of marriage can soon to be ex get future social security if it is't final for 10 yrs. ex wife is dragging out divorce. filed over 2 years ago and no final date in site. can she claim my social security benefits if the marriage isn't final and we are still legally married at 10years? | A:The duration of a marriage can impact entitlement to Social Security benefits, particularly in the context of a divorce. Generally, for an ex-spouse to claim Social Security benefits based on their former spouse's record, the marriage must have lasted at least 10 years. This is a federal guideline, not specific to any state, including Florida. If your divorce is not finalized and the marriage reaches the 10-year mark, your soon-to-be ex-wife may potentially qualify for benefits on your Social Security record. This eligibility doesn't necessarily impact the amount you receive but allows her to claim benefits based on your earnings record under certain conditions. It's important to consider that Social Security benefits are governed by federal law and are separate from the divorce proceedings. Therefore, even if the divorce is being prolonged, the eligibility for Social Security benefits will be determined by the length of the marriage as recognized legally. If you have concerns about the implications of a prolonged divorce on Social Security benefits, it may be beneficial to discuss this with a legal advisor. They can provide guidance on how to best approach your situation. |
Q: Need a help tryingto prosecute suspects keep stealing My phones and accounts ando alll my stuff. It's very uncomfortable. Trying to live because they follow me around 24/7 | A:If you are a victim of theft and harassment, you can report the incidents to your local law enforcement agency. You may also want to consider changing your passwords and enabling two-factor authentication on your accounts to help protect them. Additionally, you can seek the assistance of a lawyer who specializes in privacy and cybercrime to help you take legal action against the suspects. It's important to document any evidence you have, such as photographs or videos of the suspects or incidents, to help with the investigation and prosecution of the crimes. If you need legal assistance, please do not hesitate to contact my office. We offer a free consultation option for potential clients. |
Q: What is a magistrate judge's duty under 28 U.S. Code § 1738?. Plaintiff files with Clerk the out of state decision, same issues, same parties, same subject matter....decision is for the plaintiff and the law referenced is a federal law. Yet, judge didn’t even acknowledge the other state decision and applied the wrong state law to my federal question. Thank you. | A:Under 28 U.S. Code § 1738, a magistrate judge has the duty to give full faith and credit to the judicial proceedings of other states, as long as those proceedings adhere to the legal principles of the state where they were conducted. This means that if a decision is made in one state, other states should recognize and respect that decision, particularly if it involves the same issues, parties, and subject matter. If you find that a magistrate judge did not acknowledge an out-of-state decision that is relevant to your case, especially when federal law is involved, you may have grounds to challenge the judge's decision. It's important to review the judge's reasoning for applying a different state law or for not considering the out-of-state decision. One approach could be to file a motion for reconsideration, laying out clearly why the out-of-state decision should be recognized under § 1738 and how it relates to federal law in your case. This motion would essentially ask the judge to re-evaluate their decision in light of this information. If the motion for reconsideration does not yield the desired result, you might consider an appeal. An appellate court can review whether the magistrate judge correctly applied the law, including the obligations under § 1738. Given the complexities involved in such legal matters, it's advisable to seek the guidance of an attorney experienced in federal litigation. They can help you navigate the legal process, ensuring that your arguments are presented effectively and your rights are protected. Remember, understanding and applying interjurisdictional laws can be challenging, and professional legal support can be crucial in these scenarios. |
Q: If you have buried your love one in your yard do you have rights to claim your property as a cemitary?. I have heard that you have additional rights to property protections (such as not having to pay property tax and your property, etc) if your loved ones are part of your property. | A:In most states—possibly all—property used EXCLUSIVELY for the burial of human remains is exempt from taxation. There is also automatically a public access easement so anyone can visit the site. |
Q: We are sending material discovered located in our diesel tank for testing. believe an employee put a product in the tank. Our boat was in the yard for repair. We believe a product was placed in the tank to cause harm to us and the boat. | A:And what is your question? |
Q: Who do I call to report?. Who do I call to report animal abuse? Do I just call the police and see if they Presa charges or do I call someone else? | A:I would contact your local chapter of the SPCA. Beat cops are rarely familiar with animal cruelty laws. Your local SPCA will know the appropriate law enforcement agency and the appropriate person within that agency to report animal cruelty to. The SPCA representative will also most likely be thoroughly familiar with the applicable animal cruelty laws and can act as a screen to filter information that is unlikely to constitute a crime from that which is likely a crime. |
Q: i was in the military and i am having a hard time getting my records and dd214s so i can apply for much needed benefits. i am currently homeless and i need them. can any of you assist | A:You can file your claim with VA and the VA has a duty to assist you in obtaining those records. So my recommendation is to file the claim and let VA worry about getting your service records and DD-214. |
Q: Are the word "State" in 26 U.S. Code 3121(e) and in other pending legislation the same?. According to my legal sources, these definitions are not the same. The term state in 26 U.S. Code 3121 (e) specifically includes only the named U.S. territories and possessions." | A:In legal terms, the definition of "State" can vary depending on the context and specific legislation. In 26 U.S. Code 3121(e), the term "State" is defined in a particular way, often including named U.S. territories and possessions. This definition is tailored to the purposes of that specific code section, which relates to the Federal Insurance Contributions Act (FICA). However, in other pending or existing legislation, the term "State" may be defined differently. Each piece of legislation can define terms in ways that best suit its specific legal and regulatory objectives. This means that the definition of "State" in one statute might not be the same as in another. When interpreting legal documents or legislation, it’s crucial to consider the definitions provided within the context of that specific document or law. Look at the definitions section of the legislation or the context in which the term is used to understand its intended meaning. If there's uncertainty about the definition of "State" or any term in a particular legal context, reviewing the legislative history or consulting legal resources can be helpful. Remember, legal terms can have nuanced meanings that are specific to the context in which they are used. |
Q: A lien was placed on the estate for unpaid taxes of my deceased parent , what should I do?. How do I protect my family’s estate? | A:When dealing with a lien placed on an estate due to unpaid taxes of a deceased parent, the first step is to understand the extent of the debt. You should obtain a detailed statement of the tax owed, including any penalties and interest. This information is crucial for assessing the situation accurately. Next, it's important to assess the estate's assets. Determine what assets are part of the estate and can be used to satisfy the lien. It's crucial to handle the estate's assets according to probate laws in Alabama, which might involve paying off debts before distributing assets to heirs. You may want to consider negotiating with the tax authority for a payment plan or a settlement if paying the full amount immediately is not feasible. Tax authorities are sometimes willing to work out payment arrangements, especially in cases of hardship or extenuating circumstances. It's also advisable to consult with an attorney experienced in tax law and probate matters. They can guide you through the process, represent you in dealings with tax authorities, and help protect the estate’s interests. Remember, dealing with a lien on an estate can be complex, and the actions you take should be aimed at resolving the debt while preserving as much of the estate as possible for the beneficiaries. Taking prompt and informed action is key in such situations. |
Q: In Alabama is it illegal for someone to throw their trash into their neighbors bin and keep their bin on neighbors yard?. Neighbor throws their trash in my bin & keeps their bin next to mine on my yard on trash days. | A:In Alabama, laws regarding trash disposal and property boundaries can vary depending on local ordinances and regulations. Generally, it's considered respectful to dispose of your own trash in your own bin and to keep your bins on your own property. If someone is consistently using your bin for their trash without your permission or placing their bin on your property, it could potentially be a violation of property rights or local regulations. |
Q: How to ensure defendant in small claims suit will pay plaintiff's (creditor's) judgment?. I am suing in Georgia small claims for 14k. I had an agreement with the defendant that I would put them on my credit card to build their credit and they would pay me monthly on charges incurred. They ran up the card 10k. I've filed the suit, defendant has been served. While I wait for the answer I want to prepare for next steps to ease my burden in collecting on my judgment which I know I will win as I have irrefutable evidence. My concern is it will be hard to collect as the defendant filed chapter 7 ten yrs ago, may be likely to do it again especially as he is dealing with another lawsuit against his company. He owns a home where his ex and kids live. How was he able to keep it after a ch7? Could he keep again? He has 200k equity, home which is valued at 300k but has existing liens of about 30k. If it gets to the point, I'll levy his bank first and place a lien as a last resort. How can I prepare to ensure he can't try to get out of paying? Any loopholes for me if he files bankrupt? | A:It depends on when the defendant filed his last bankruptcy. If he received a chapter 7 discharge, he must wait at least 8 years before he can file again. If it was a chapter 13 discharge, he only needs to wait two years to file another chapter 13. After a chapter 13 discharge, he has to wait 6 years to file a chapter 7. There are a few other possible scenarios but the bottom line, is it depends on what chapter he filed before. As to the equity in his home, he is entitled to exempt a certain amount of equity under Federal and/or Georgia state law, which is undoubtedly how he was able to keep his home after the last bankruptcy. I'm a California attorney so I don't know what that amount is in Georgia. You'll need to check with a Georgia attorney on that question, or research it yourself. |
Q: American college student (20) in Germany with a local girlfriend (17). Confused about US age of consent law.. US law (18 USC) says if we had consensual sex, we would be violating the law under "chapter 109A" but I read all that and nothing in there applies. She is over 16 and there is no commercial sex, no trafficking or porn going on. I am not a tourist and we only recently met. We are in Germany, not a "special maritime territory" whatever that is. Can someone please explain? Is *all* sex between us illicit sex? If so why do they distinguish with words like illicit? I can't find clear answers and we don't want to get into trouble thanks. | A:Under 18 U.S.C. § 2423(c), it is illegal for a U.S. citizen to engage in illicit sexual conduct with a minor while outside of the U.S., regardless of the local age of consent. However, the term "illicit sexual conduct" specifically excludes consensual sex acts if the minor is 16 or older, and the age difference between the two parties is less than 4 years. Given that your girlfriend is 17 and you are 20, the described relationship would not be considered a violation of this federal law. |
Q: Can I get some sort of disability help from the state of Alabam for severe lymphodema in bothmy legs from the knee down. I have navigated my life with this condition since I was around 10 yrs old. In the past 7 years the swelling in my legs from the knee down has grown significantly. I have to push myself to the limits everyday just to get thru work. And to add to the intense pain that feel daily my left MCL is either torn or worse . And I suffer with severe plantar fasciitis in my right foot . Sometimes this alone renders me unable to even walk after sitting for just a few minutes. I've attempted to get some sort of help thru a disability claim but have been told after seeing the government's appointed doctor that as long as I can walk I can work but I know my days are numbered and this could possibly end up in amputation down the road I've been told by three separate doctors /specialist. I don't want to wait till I lose my leg from the knee down to try to file for disability I would like to get it while I'm still able to walk which becomes more cumbersome by the day can you give me some advice | A:Based on the circumstances you've described, you might consider the following steps in Alabama: 1. Gather comprehensive medical documentation about your condition, including reports from the doctors you mentioned, highlighting the severity and prognosis. 2. If you've been denied disability benefits previously, consider appealing the decision. The appeal process might require presenting your case at a hearing where you can provide evidence and testify about your limitations. 3. Engage legal representation familiar with Social Security Disability (SSD) claims in Alabama. They can guide you through the process, ensuring all requisite documentation is in order and advocating on your behalf. 4. Explore state-based assistance programs, as some states offer additional benefits or resources beyond SSD. 5. Educate yourself on the specific criteria SSD uses to evaluate disabilities. Understand that it's not just about physical limitations, but also about how those limitations affect your capacity to work. 6. Document the impact of your condition on daily activities, emphasizing challenges at work and the probable future escalation of these challenges. 7. Persistence is vital. Many applicants face initial denials and only secure benefits after appealing. It's crucial to advocate for your rights and health, and having the proper support, especially legal representation, can significantly aid your efforts. |
Q: The electric Company came out today (Saturday) and disconnected my electricity (which is included in rent) is this legal. My landlord recently passed away and his heirs seem to think that an acceptable way to encourage the tenants to move out is to stop paying the utility bills, which are included in the monthly rent payments, and the electricity got shut off today (on a Saturday) - the utility company is now telling me that they won't restore service to this address even in my name unless I pay THEIR unpaid bill (they have been racking it up since he passed away 4 mo ago (which I technically already paid as part of my rent) What recourse do I have? Also I thought I read on ccup.ca.gov that it's illegal for utilities companies to cut off utilities on a weekend like they did, and is it legal for them to deny access to basic public utility services unless I pay someone else's bill that I never had any agreement with them to pay? I don't know who to be more furious at | A:You have an excellent and very valuable lawsuit that you can file against the owners! I would love to see you get an experienced landlord-tenant lawyer immediately. I'm telling you, this is likely to be worth BIG bucks. I suspect you may obtain more money than you ever expected to have in your life!!! |
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