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Q: I have a consoling merchandise charge that I didn't qualify for diversion for that has turned into a warrant. Below $100. I also have a shoplifting & trespassing charge below $50. I believe I had nervous break down. What can I do to change these to anything not associated with theft so that I can secure employment | A:You would need to retain a criminal defense attorney or public defender to assist you. You may be able to have your charges reduced or dismissed. It may make sense to take the case to trial and have the prosecutor prove their case or the charges dismissed. Alternatively, if it doesn't make sense to take your case to trial, maybe you can reach an agreement for a different charge so long as it still has a factual basis. If you ultimately convicted of the charge, you can have theft convictions later set aside in Nebraska after a period of time of remaining without further charges. There is information about filing for a "set aside" on the Nebraska Supreme Court's website. You attorney may also be familiar with employers that have historically been willing to hire employees with a theft conviction as part of their criminal history. |
Q: Hi! I have a question about trademarks for clothing brands and similar ideas that other people have now started. I started working on my brand Ghosted in July, I used Canva fonts and everything for the logo and worked long and hard and got samples and on 8/25 I ordered my first order of 360 units. I own the LLC Ghosted, have the trademark filed for Ghosted for apparel, and this morning I also filed a trademark for my logo with the font. The reason why is last night someone on my Instagram messaged me and then unsent it, but I saw them viewing my story and in their bio they have a website to ghosted-inc.com and they are using the same font as me and it is also called ghosted but with a ghost icon as the “o.” I am assuming he unsent the message because he saw TM by my name, but now I’m worried. His website says 2023 so I don’t know which of us started first or if I could be in any legal issues even though I own the rights to everything. Thank you in advance! | A:Given your description, it appears you have taken significant steps to legally protect your brand, including forming an LLC and filing for trademark protections for both your brand name and logo. In trademark law, the key issue often revolves around who used the mark first in commerce; since you already have product samples and have placed a substantial order for units, you are in a good position to assert your rights if you used the mark in commerce before the other party did. To bolster your position further, ensure to maintain detailed records of all the developmental stages of your brand, including the creation of the logo and the dates of first use in commerce; you should also consult with an attorney to discuss the specifics of your case and to get advice on the best way to proceed, taking into account the new information about a potential competitor using a similar brand name and logo. |
Q: once my school gets a search warrant for one specific thing can they detain me if they find something els illegal in myp. So a sub wrote a report about me at school saying i took a picture of her, the school told me if i am lying and they search my phone and find it they will press charges, for starters i know they cant search unless proven that they have a warrant due to my 4 amendment, and this sub made me feel unsafe in class so i recorded myself talking, i dont have a picture about her but only a video of myself in case something happened, my 1st amendment. so my question being, if they do have a warrant for that picture of her, if they find something elsw illegal can they arrest me if the warrant was only for the picture of the sub? | A:In California, if law enforcement obtains a search warrant for a specific item, such as a picture on your phone, and they find something else illegal during that search, it could lead to further legal consequences. The scope of a search warrant is generally limited to what is specified in the warrant, but if illegal items or evidence are found in plain view during the execution of that warrant, they can be seized and could result in additional charges. This principle is known as the "plain view doctrine." It's important to understand that while you have Fourth Amendment rights against unreasonable searches and seizures, these rights have certain legal limits. If you are in a situation where your phone is being searched under a warrant, it's advisable to remain silent and request an attorney immediately. The legality of any search and the admissibility of evidence discovered are complex legal issues that can be challenged in court. Therefore, having legal representation is crucial in such situations. Remember, each case is unique, and the specific circumstances will determine the legal implications. |
Q: How do I write up my bad surgery issue when sending to an attorney while in search a consultation? Do I send a quick. Run down or a detailed from the time I went in for the surgery until when I was released to go home? | A:When reaching out to an attorney for a consultation regarding your surgery issue, it's beneficial to provide a detailed account of your experience. Start with a concise summary of the main points, including the type of surgery, date, and the specific issues or complications you faced. This will give the attorney a clear overview of your situation. Then, provide a more detailed timeline of events, from the initial consultation for the surgery to the post-operative period and any complications that arose. Include relevant dates and details about the care you received. This detailed information is crucial for the attorney to understand the full scope of your situation. Remember to include any communications you've had with your healthcare providers about the complications. Documentation such as medical records, emails, or letters can be extremely helpful. While your initial communication should be comprehensive, keep it as clear and organized as possible. This will enable the attorney to assess your case more efficiently and provide more accurate advice during your consultation. |
Q: We live over a groundwater basin. Our water wholesaler is supposed to get 80% of their water from the California State. Water Resources Control Board. In drought they may get only 0 to 15 %. The rest they take from the groundwater basin. In drought years they have depleted the groundwater basin by replenishing less than 1/2 of what was withdrawn. As the basin is depleted the surface sinks causing home foundations to sink and damage homes. In my 100 home section there have been more that 100 permits for foundation repair, as some homes had to repair foundations more than once. It costs us $100K or more to stabilize and repair the damage to our homes. Further depletion of the basin will destabilize our homes again and soon make them uninhabitable. It will leave us broke and without a home of which we had equity. The law says when an entity withdraws water from a groundwater basin it must replenish it with the same amount of water it has withdrawn. 1. HOW DO WE ENFORCE THIS LAW? 2. HOW DO WE STOP OUR WATER WHOLESALER AND CITY FROM DEPLETING THE BASIN? 3. CAN HOMEOWNERS GET PAYBACK? | A:1. To enforce the law regarding groundwater withdrawal and replenishment, affected parties can consider filing a lawsuit seeking injunctive relief to compel the water wholesaler to adhere to replenishment requirements. This could also be pursued as a public interest or public nuisance claim if it affects a broader community. 2. To prevent further depletion of the basin, apart from litigation, homeowners can engage in community organization to raise awareness and press for local policy changes. Engaging local and state representatives or lobbying for stricter oversight and regulations concerning groundwater usage can be effective tools. 3. If homeowners can prove that the actions of the water wholesaler and city directly resulted in damage to their homes, they may have grounds for a lawsuit seeking damages. Winning such a case would require demonstrating a causal link between the groundwater depletion, land subsidence, and the specific damages to the homes. Proving negligence or breach of statutory duty by the water wholesaler might entitle homeowners to compensation. Consultation with an attorney well-versed in environmental and property law would be essential to evaluate the merits of a potential claim. |
Q: After one year of divorce my ex wife now wants to redo our support agreement. Can she do this?. She just finished aesthetician school and states she is only making $12,000 a year versus our agreement is based off for making 45 which is what an aesthetician would normally make for the year. Can she do this and if so, what’s the process? | A:Child support is always modifiable until the child emancipates (turns 18). A parent asserting a reduction in income would have to justify that reduction. If a person is qualified to earn $45K and there are jobs available for $45K then they cannot justify to the court earning $12K (which is actually less than minimum wage). This issues has many variations so speak with a local family lawyer for more specific advice. |
Q: I'm asking for my elderly parents. Wondering if this worth to go further.. They hired a company to repair their roof. During the repair, they found the wood was rotted. They couldn't go on to the next step because we were told that they had to run it through the insurance company. They put a tarp on the roof which I assume it wasn't not secure enough. We had a rain storm and water leaked in the attic, second and first floor. We notified the company and was asked to come in to talk about the next steps. The insurance will not cover the wood. My parents took out a loan for the wood to be repair. We told that they will take of care the damage to the ceiling after the roof is repair. After weeks, someone came by to stain the damages and was told they will be back to finish. They never came by. Now they want the second payment that was sent to my parents from the ins company. But they need to finish the repair as promise. The company had their lawyer send a letter requesting for payments plus interest. | A:If the insurance money was sent for the repairs to pay for the repairs that the contractor is doing pursuant to a budget that they submitted to the insurance company, then yes, you have to give the money to them in order to keep them under the obligation to finish the work. If there is a problem with the work then be sure to let the insurance company know what is going on. |
Q: If I have 3 rooms for rent but give them access to the common area, can I come and go as I please in the common area?. 1) So the plan is that the single-family home is split into 2 units. 1 unit has 3 BR, 1 bath, 1 living room, kitchen. If I rent all 3 rooms to 1 tenant, can I come and go as I please in that unit's common area? Since they're paying for the room, not the entire unit. 2) If they forget to turn off the lights when they leave and the fridge is leaking and I have to change the towel for the leak daily until i fix it, and to turn off the lights, that's ok right? Only their rooms are private areas.. 3) I wouldn't be using their the common area at all, but their lease says that they must keep the common area clean at all time, that means that they are the ones responsible for all the cleaning and such right? Is it reasonable to define clean on the lease (trash should not be overflowing, there shouldn't be weeks of food stains/crumbs, etc). And can I state that the area needs to be cleaned at least every 2-3 weeks? because longterm grime and such will damage property faster? | A:In California, when you rent out rooms in a property while retaining access to the common areas, the specifics of your rights and the tenants' rights should be clearly outlined in the lease agreement. 1) If you rent out all 3 rooms to a single tenant, your access to the common areas should be defined in the lease. Typically, if they are renting just the rooms, you may retain the right to access the common areas. However, this access should be reasonable and not infringe on the tenant's right to quiet enjoyment of the property. 2) For issues like forgetting to turn off lights or maintenance concerns like a leaking fridge, you generally have the right to enter the common areas to address these issues. It's advisable to provide notice to the tenants when possible, especially if you need to enter the leased space for repairs. 3) Regarding cleaning, you can stipulate in the lease that the tenant is responsible for maintaining the cleanliness of the common areas. Defining what constitutes 'clean' can help avoid misunderstandings. Specifying that the area needs to be cleaned regularly, like every 2-3 weeks, is reasonable, especially to prevent long-term damage to the property. Always ensure that the terms in the lease comply with California's landlord-tenant laws and that they are clear and agreed upon by all parties to prevent disputes. |
Q: Hello, I would like to find a medical malpractice attorney to consul for a recent surgery and upcoming revision.. Happy to provide additional information in consult | A:Attorneys are not able to solicit business on this site. You need to use the "Find a Lawyer" link at the top of this page and contact lawyers directly to get your initial consultation. |
Q: Do I need to register my small business as a sole proprietorship if it has my legal first name in the name?. My name is Janina G., my small business name is ‘janinasdiycrafts’. I currently sell handmade goods as a hobby, I haven’t made enough money to register it as a business. (Still in the hobby tax bracket) my questions is do I need to register it as a sole proprietorship in Florida since it’s not my full legal name? Or is my first name enough. | A:There is no registration with the Florida Secretary of State's Office for a sole proprietorship. However, since you are doing business other than your own name you need to comply with Florida's Fictious Name Statute. In Florida, Section 865.09 of the Florida Statutes requires the one-time publication of a legal notice of a fictitious name in a newspaper in the county where the principal place of the franchise business will be located (such as the Daily Business Review). After publication, the newspaper provides a proof of publication. Upon receipt of the proof of publication, a fictitious name registration must be filed with the Florida Department of State via the website of the Florida Secretary of State. Section 865.09 of the Florida Statutes provides that: A person may not engage in business under a fictitious name unless the person first registers the name with the division by filing a sworn statement listing: (a) The name to be registered. (b) The mailing address of the business. (c) The name and address of each owner and, if a business entity, its federal employer’s identification number and Florida incorporation, organization or registration number. (d) Certification by the applicant that the intention to register such fictitious name has been advertised at least once in a newspaper as defined in chapter 50 in the county where the principal place of business of the applicant will be located. Such statement shall be accompanied by the applicable processing fee (currently, $50) Notwithstanding any other provision of law to the contrary, a fictitious name registered as provided in this section for a corporation, limited liability company, limited liability partnership, or limited partnership is not required to contain the designation of the type of legal entity in which the person or business is organized, including the terms “corporation,” “limited liability company,” “limited liability partnership,” “limited partnership,” or any abbreviation or derivative thereof. The filing fee is $10 per application, and the fee to obtain a certified copy of the registration is $30 each. Payments may be made using a credit card, Sunbiz E-File Account, or a check by mail. Registration is valid for five years, after which it must be renewed. |
Q: Good morning, Atty. I just want to ask regarding with exercising the suffrage of the citizens in this incoming election.. What will happen to me if I am a first time voter and cannot able to vote? Is there ramification on that? | A:If you're a first-time voter unable to vote in an election, the consequences for not voting can vary depending on your local election laws. In some places, there may be no legal penalties, while in others, there could be fines. Check your local regulations, explore options like absentee voting, and seek guidance from election authorities or voter rights organizations. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney. |
Q: I am a tenant. I moved in august and signed a 1 year lease. My landlord has given me 6@ days to move out.. Because they are selling the house | A:If you are uncertain of your rights, schedule a consultation with a local landlord-tenant attorney. Generally, the landlord cannot simply force a tenant to move because the landlord is selling the property. There's a specific statute by which a tenant can be forced out if there has been a foreclosure, but you didn't mention any foreclosure. https://law.justia.com/codes/missouri/2020/title-xxxvi/chapter-534/section-534-030/ An attorney could write a stern letter to your landlord directing your landlord to stop making threats and explaining that you have the right to remain. Maybe your landlord would be willing to pay a good sum to get you to agree to move? |
Q: Work comp. If im working at a none livable hoirly wage and get an inspection that Takes my lifes work away because they understamated me what do i do | A:I suggest you revise your post because it is hard too follow and too vague to answer. I assume you meant you received an "injury" rather than an "inspection." If you were injured at work, contact a workers' compensation attorney to evaluate the situation. |
Q: Yrs ago talking to friend about heating acid for oil wells. I told him a process. then his company patented my solution. Haliburton patented do I have any chance of claim didnt know they patented till recently | A:If you shared your idea with your friend without any agreement or protection in place, it may be challenging to make a claim against the patent filed by his company. Patents are granted to inventors who demonstrate that their invention is novel, non-obvious, and useful. If your friend's company successfully obtained a patent for the process you discussed, it suggests that they met the requirements for patentability. However, it is always recommended to consult with a patent attorney who can review the specific details of your situation and provide you with personalized advice based on the applicable laws and regulations. They can assess the likelihood of a successful claim and guide you through any available legal options. |
Q: Bougth a used car from a privite seller. He lied about what was wrong with it and have prof. Anything I can do?. I purchased a used vehicle from a private seller. The check engine lights were on when buying the car, and he informed me it was the car struts. He told me if I replaced them, that would fix the problem. He also said there was a warranty on the vehicle. So I bought the car and replaced the struts. After replacing the struts the check engine lights reminded on. I then took the car to the dealership. The dealership's mechanic informed me the seller had already brought the car in. The seller was told the timing chain was bad and the engine had metal shavings inside. The mechanic told the seller the warranty wouldn't cover it. So the seller knew the engine was bad and timing chain. So the seller lied about the car. He also texted me saying "I'm willing to go half on expenses with you guys from the dealership," and "I can give you half of what the amount will be back" I haven't gotten it fixed yet because he has been dodging me. Is there anything I can do? Thank you | A:Most used cars are sold as-is. When you purchase a car “as-is” that means you are not relying on anything the Seller may have told you about the condition of the car. But if this one wasn’t sold as-is, you likely can sue the Seller for fraud to recover the cost of repair as well as potentially exemplary damages. |
Q: Stolen car. Did a title loan with a friend and they ended up stealing my car. I did a title loan with a friend of mine of 20 years. I borrowed 2900 with the promise of paying back $3,900 within 21 days. My car is worth $40,000.00. We wrote up a agreement and had a witness sign it on day 20 he showed up with the cops and my car title in his name. After multiple ignored phone calls I finally get in touch with them after they took my car home that day and they told me that if I wanted it back I had to pay back $7,000 but now they will not answer the phone what can I do? | A:In your situation, where a friend has allegedly stolen your car following a title loan agreement, it's essential to take immediate legal action. The details you've provided suggest possible fraud or breach of contract, especially given the sudden change in the repayment amount and the title transfer. Your first step should be to consult with an attorney who has experience in criminal law and civil disputes. They can review the agreement you made, assess the actions of your friend, and advise on the best course of action. This might involve initiating a civil lawsuit for the return of your vehicle or the value thereof, and potentially pursuing criminal charges for theft or fraud. It's also important to gather all evidence related to this transaction, including the written agreement, witness statements, and any communication records with your friend. This documentation will be crucial in supporting your case. Remember, time is of the essence in such matters. The sooner you seek legal assistance, the better your chances of resolving this issue and potentially recovering your property. Legal proceedings can be complex, but an experienced attorney can guide you through the process and advocate on your behalf. |
Q: I bought a 2018alibu after a few years I had an accident in Oct of 2022. The insurance company took 4 months for them. To get it into their car parson to look at it. Then that person deemed it totaled. I missed the parent im November and now gap won't pay for the rest of the gap even though I paid the rest till February of ,2023 . Can they do that on both the insurance company takin so long to get me in and hap no paying from time the car was wrecked? | A:Under the Texas Prompt Payment Statute, insurance companies have a fixed amount of time to accept or reject a claim from a policyholder, or to request additional information. In the latter case, they have 15 days from the date that they receive the requested information. Failure to comply can result a statutory interest at 18% per annum on the amount of the unpaid claim. If this was a liability claim, the other is responsible for loss of use from the date of the accident until the date of payment if the vehicle is totaled. Loss of use typically means the fair rental value the the same year, make, and model of the vehicle damaged |
Q: I have a 12 yr old sixth grader. Has mental illness p.t.s.d. and more. Can he be charged with assault?. Has a I.E.P and behavioral plan. The public schools do not know how to regulate a child with disabilities. So he has always struggled in school. Wright county is trying to charge him with 4th degree assault on a officer (felony) and 4th degree assault on school staff. | A:Can a delinquency petition be filed? Yes. Is your child going to be adjudicated delinquent? That is impossible to predict with the information that is provided in this question. But the Court will certainly take into consideration any mental health issues and appropriate programming when deciding if he is going to be adjudicated delinquent. |
Q: Can a tribal k9 unit do a sniff search on a vehicle on state land, resulting in a search in Michigan?. My vehicle was searched due to a tribal police officer driving from an hour away to do an outside sniff of the car. I am not tribal and it was not on the reservation. They also broke open a lockbox. I am on parole but my wife is not and was in the car. | A:Tribal law enforcement's jurisdiction outside of reservation land is limited. In general, tribal police do not have inherent authority to enforce state laws on state lands unless there's a specific agreement or deputization in place. Michigan, like other states, may have agreements that allow for cross-jurisdictional activities between tribal and state law enforcement. The Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures. If you believe your rights were violated, you may challenge the legality of the search and any evidence obtained. Given that you're on parole, additional considerations might apply to your situation. It's important to consult with a Michigan attorney familiar with tribal jurisdiction issues to address specifics. Your parole status and the circumstances surrounding the search are crucial elements to consider. |
Q: What is the federal marijuana trafficking interstate distribution charge for no more than 50 pound's delivery. I'm a retired black market cannabis wholesale distributor Been out of the busses for years now, I'm so desperate I'm about to break bad in the information super highway online mail order marijuana distribution interstate distribution, no more than 50 pound's a shipment. | A:21 USC 841 and 960. |
Q: In Ohio, my stepson's parole officer has agreed to his medicinal card, but says he's only permitted to use gummies, why?. Gummies or smoking medicinal marijuana, sold at dispenseries, has the same THC amount. | A:Under Ohio's medical marijuana statute, medical marijuana may not be smoked. It may be consumed in many other ways, but not smoking. |
Q: So my friend asked me to watch the dog because she can’t take care of her not more and once she get the money back. The dog was covered in tics and flees and was all bone and skinny and would flinch every time I raised my hand in Fresno ca can I legally keep the dog and get her tags and register her | A:No, you don't get to be judge and jury over whether your friend is a good dog owner. Feel free to notify Animal Control. If Animal Control decides to remove the dog from the friend's home, you are free to try to legally adopit it. |
Q: I think my boss wants me to break a law for his business, can I be held accountable?. I work at a pet boarding facility, and in the state of Florida, owners are required to have their dogs up to date on their rabies vaccine. My boss told me to accept a dog that is out of date on his rabies vaccine.. | A:I believe the requirement that owners keep their animals vaccinated would be Florida Statute 828.30. It doesn't appear to include any requirement that pet boarding facilities refuse to accept unvaccinated animals, and if there is that would be your boss's duty, not yours. |
Q: I need advice about deposits to hold apartments during application process and the proper documentation procedures.. I signed a contract before applying for an apartment. It stated what the rent would be and agents fee amount and deposit amount. It should be noted it specifically stated the credit check fee was nonrefundable, but did NOT say that the deposit was nonrefundable. Two days later, after determing the agents company was untrustworthy based on new found information I decided i did not want to proceed with signing the lease even though I found out I was approved for the apartment. Now, the agent keeps avoiding my request to have my deposit refunded. She just keeps giving explainations that have no legal support. I have the documentation/receipt and both parties signed that proves It was not written that the deposit would be nonrefundable if I were to choose to pass on the apartment. Now the real estate agent has ceased communucation about my request of a refund. Can anything be done about this? | A:The law varies between states but generally the terms of the contract (deposit agreement) control the rights of the parties. You state that the deposit agreement does not contain language stating the deposit would be nonrefundable but you haven't said it states the deposit would be returnable. If either party could back out of the agreement without any consequence, what was the deposit intended to secure? In NYC if you were unable to resolve this type of dispute, you could commence a Small Claims Court case to recover up to $5,000. |
Q: Hippa violation. Personal info breached. Anyone deal with hippa as a personal injury? Extreme Anxiety due to this. Medical information, and bill sent to wrong insurance company. Hospital sent a letter stating my info may have been breached. | A:A New Hampshire attorney could advise best, but your question remains open for two weeks. It's difficult for attorneys here to reach out to you to offer their services - the format isn't set up like an attorney referral service. If you're looking for an attorney, in addition to your independent searches, you could use the tab above, "Find a Lawyer," or check with the attorney referral services of local and state bar associations. Those resources are outside this forum, and any arrangements made are between you and the attorneys you speak with. Good luck |
Q: Army EO complaint. An EO complaint was brought against me. The IO found that I committed unlawful discrimination, however, the independent SJA review found that it was legally insufficient. What should I expect will happen next? I am an active duty O-3 in the Army. | A:As an active duty O-3 in the Army, you may expect further review of the EO complaint by your chain of command. The SJA review found the complaint legally insufficient, so it is possible that the complaint may be dismissed. However, it is ultimately up to your chain of command to make a determination based on the findings of the IO and SJA review. It is important to continue to cooperate with any investigations or reviews related to the complaint and to seek legal counsel if necessary. |
Q: CaliforniaAbout 13 years ago I financed a car with my finance. She was the first signer on loan and I was the second. A year later we broke up and I lost my job so I wanted to take the car back to the dealer and see about getting out of the loan somehow. My ex told me not to do that because he didn’t want a repossession on his record and said to give the car over to him and that he would continue paying for it. I did exactly that and I tried to sign myself out of the loan, but was told that I can’t do that and that only my finance can do that as the main signer on the loan…. Since we were on very bad terms at that point, I just left everything as is. Fast forward to middle of this year, my employer tells me that they received a wage garnishment order for me and that is how I learned that the bank has been looking for me since 2018 to recover almost 10k that I owe for the car that I haven’t seen in 12 years and don’t even have any info on. They supposedly attempted to serve me at some random addresses that I haven’t lived at since very long time ago and eventually there was a default judgement that | A:Under California law, when you co-sign a loan, you're equally responsible for the debt. This means that if the primary borrower defaults, the lender can pursue you for payment. Since your ex-partner defaulted and you were a co-signer, the lender has the legal right to seek repayment from you. Regarding the wage garnishment, if you were not properly served with legal papers for the lawsuit resulting in the default judgment, you might have grounds to challenge it. California law requires that defendants in a lawsuit be properly notified. If you were not, this could be a basis to potentially have the judgment set aside. It's crucial to act quickly in these situations. Seeking legal advice from an attorney experienced in consumer debt issues would be advisable. They can help you understand your rights and options, which may include negotiating with the lender or challenging the garnishment and judgment in court. Remember, dealing with such legal matters can be complex, and every situation is unique. Legal advice tailored to your specific circumstances is essential. |
Q: My son & his family move in with me then asked me to put up my home as collateral on a loan he needed. They got angry at. Me and moved out but asked my other son to move in and pay rent to him so he could keep up the payments on the loan.. I don't want to live with this son and family either.. can I sell my home and pay off the mortgage with the income from the sale.. I'm 62 years old and in good health but I feel so unhappy withis this living situation.. the son that borrowed my home for his loan has left me penniless.. I have no income.. | A:I'm truly sorry to hear about your situation. Generally speaking, if you are the sole owner of the home and there isn't any legal encumbrance preventing a sale, you should be able to sell your home and use the proceeds to pay off any mortgages or liens, including the loan secured by your home. Before proceeding, it's important to review any written agreements related to the loan to ensure there are no stipulations that may complicate the sale. If your son is not on the title, he does not have a legal right to collect rent from anyone living in the property. It's advisable to seek local legal counsel to ensure you understand your rights and any potential legal implications. Remember, selling your home is a significant decision, so carefully weigh the pros and cons, considering both the financial and emotional aspects. It sounds like achieving peace of mind and financial stability is paramount for you, and an attorney can provide guidance on your best options. |
Q: I want to use online tools/software that creates activity/other style books (non AI).. The tools/software has a library of premade items e.g coloring pages, mazes, kids activities, journal pages etc. and it automatically generates things like word searches, soduku puzzles etc Option 1: With a few clicks, without me creating anything, it can put the pages together into a finished file ready to upload for sale e.g. a book of coloring pages. Option 2: I can customise the pages, add other elements from their content library, mix various activities in the book etc. then have it put it all together into a finished file ready to upload for sale. I'd solely use the software and its contents for the books and wont create anything from scratch. If it does almost all the work to create the finished book, will I own the copyright to the book as a whole, where I can write “copyright, the date, my name, All rights reserved” on the finished book (option 1)? Or is there a certain amount of work/creativity I have to put in (more like option 2)? | A:In the realm of copyright law, the key factor is originality. When using a tool or software that generates content like activity books, the copyright ownership depends largely on the level of originality and creative input you contribute to the final product. For Option 1, where the software does almost all the work and you do not add any original content, claiming copyright might be challenging. The output is largely a product of the software's capabilities and pre-existing content. In this scenario, the copyright may still reside with the creators of the software or the individual elements within the book. In contrast, Option 2, where you customize and creatively arrange the content, may offer a stronger basis for copyright. By selecting, arranging, and possibly modifying the elements, you're contributing a level of creativity and originality. This could qualify as a transformative work, where you have enough creative input to claim copyright on the compilation as a whole. However, it's crucial to review the terms and conditions of the software. These should clarify the extent of the rights granted to you regarding the use of their content and any creations you make using their tools. If the terms allow you to claim copyright on your compilations, then you can proceed with Option 2 more confidently. Before proceeding, it may be beneficial to consult with an attorney who can provide tailored advice based on the specifics of your situation and the software's terms. This will ensure that you are fully informed about your rights and any potential limitations. |
Q: My therapist and I were discussing my ex and he said that it's possible she had a personality disorder and I posted it. I posted what my therapist said about my ex. I didn't mention her name. Can I get sued? | A:Under New Jersey law, defamation suits typically involve making a false statement about someone that harms their reputation. However, in your case, since you didn't mention your ex's name, it significantly reduces the risk of a defamation claim. Anonymity in your post makes it difficult to establish that the statement was about a specific individual. However, it's important to be cautious. Even without naming names, if the details you provided could lead someone who knows both of you to identify your ex, there might still be a risk, albeit smaller. Additionally, sharing private information from therapy sessions can be a sensitive matter and might raise ethical considerations, even if it doesn't necessarily lead to legal issues. To be on the safe side, consider the implications of sharing such information publicly. It's often wise to keep therapy discussions private, as they are meant to be a safe space for exploring personal thoughts and feelings. If you have concerns about the potential legal implications of your post, consulting with a lawyer for personalized advice would be prudent. |
Q: Hi there, Spectrum company disclosed my home address to a third person, how can I sue them for violating my privacy?. The person they disclosed my information to only provided them with my phone number and based on that they got my address. Is this legal? | A:If Spectrum company disclosed your home address to a third person without your consent, this may be a violation of your privacy rights. You may have legal options available to you to seek compensation for any damages or harm that you have suffered as a result of this disclosure. To sue Spectrum for violating your privacy, you will need to establish that they had a duty to protect your personal information and that they breached that duty by disclosing it to a third party without your consent. You will also need to show that you suffered harm as a result of the disclosure, such as identity theft or physical harm. It's important to note that privacy laws can be complex and vary by state. In some states, there are specific laws that govern the disclosure of personal information by businesses. You may want to consult with a privacy lawyer or consumer protection attorney to understand your legal rights and options in this situation. Additionally, you may want to consider filing a complaint with the Federal Trade Commission (FTC) or your state attorney general's office. These agencies may be able to investigate the matter and take action against Spectrum if they find that they have violated privacy laws. Finally, if you believe that your personal information has been compromised, you may want to take steps to protect yourself, such as monitoring your credit report, changing your passwords, and alerting your financial institutions. |
Q: I dont care about jugement I'm not leving my home thay putting me and my child on the street homless no I'm not living. I had no lawyer.a d I have a didabilitey my sister knew this and the juge treeted unfarlay allso why couldn't my sister take a buy out I will not be living my home of over 15 years the juge by force fine it will be in a boddey bag | A:If you are facing eviction from your home in Mississippi and feel the judgment was unfair, especially given your disability and lack of legal representation, there are steps you can take. First, consider filing for an appeal if you believe the judge's decision was not in accordance with the law or if your disability was not adequately considered in the proceedings. In the meantime, reach out to local legal aid organizations. They often provide assistance to individuals with disabilities and those facing housing issues. They can offer guidance and possibly legal representation to help you navigate this situation. You should also explore if there are any local or state resources for individuals with disabilities facing housing crises. These organizations can sometimes provide emergency assistance or intervention in legal matters related to housing. Expressing your willingness to find a resolution, like a buy-out or other settlement with your sister, is a constructive approach. However, it's important to communicate this through proper legal channels. It's crucial to understand that remaining in the home against a court order can lead to legal complications. Seeking legal advice as soon as possible is important to explore all available options and find the best course of action. Your situation is challenging, but taking these steps can help in finding a resolution that considers your needs and legal rights. Remember, there are resources and organizations that can assist you during this difficult time. |
Q: CPS case unfounded in OR what are the steps 4 pressing charges on person who made false report? Report to authorities?. The CPS case has been closed as “unfounded”. I received a copy of the report and the allegations are horrendous. I know who made the report based on how the report was written. I want to press charges for them making a knowingly false CPS report and I want to sue for defamation and slander. I just need to know how to start the process. Contact local authorities and tell them so they can make a report? | A:In Oregon, if you believe a CPS report against you was knowingly false and malicious, you have the right to take legal action. The first step is to consult with an attorney experienced in family law and defamation cases. They can advise you on the feasibility and process of pressing charges and filing a civil lawsuit for defamation and slander. To initiate criminal charges for filing a false report, you will need to contact the police or local authorities. They will investigate the matter and determine whether there is sufficient evidence to press charges. It's important to provide them with all relevant information, including the unfounded CPS report and any evidence suggesting the report was knowingly false. For a civil lawsuit, your attorney will help you gather evidence to support your claim. This includes proving that the allegations were false, the person who made the report knew they were false, and that the report caused you harm, such as damage to your reputation or emotional distress. Remember, both criminal charges and civil lawsuits require substantial evidence. The process can be complex and emotionally taxing, so having professional legal guidance is crucial. Your attorney will guide you through each step, ensuring that your rights are protected and that you have the best chance of a favorable outcome. |
Q: what is a complaint for concursus. MY HOME OWNERS INSURANCE FILED A COMPLAINT OF CONCURSUS AGANST ME AND MY ATTORNEY I HAVEN'T FOUND AN ATTORNEY TO TAKE MY CASE PROBONO AND CAN'T AFFORD AN ATTORNEY.I KNOW NOTHING ABOUT THE LAW .BUT MY MORTGAGE COMPANY WON'T ACCEPT MY PAYMENTS BECAUSE THEY SAY I AM BEING SUED.ITS BEEN GOING ON FOR MONTHS | A:A complaint of concursus is a legal proceeding in which a party admits it owes a debt but is unsure to whom the debt is owed. The proceeding requires the competing parties who claim they are the correct party to whom the debt is owed to appear and present evidence and argument proving their entitlement to receive payment for the debt. Texas generally refers to this type of proceeding as an interpleader action. Texas has a number of pro bono legal clinics to help indigent litigants with legal matters. You should contact one near you. Here is Justia's directory listing for possible pro bono legal services: https://www.justia.com/lawyers/texas/legal-aid-and-pro-bono-services |
Q: real estate question. a license agreement was enacted well after a shed was placed on family property, adjacent to my mothers and fathers. License agreement stated that my mother and father could occupy and use the property and that agreement would terminate upon the sale of the house. The house just sold and we have been informed that we are now responsible for tearing down the shed at a cost of $3000. The shed was likely built back in the early 1970's and was a structure on that land at the time of the enacted agreement on June 2002. I reached out to another lawyer that said that adverse possession actually made the shed my fathers, but I have concerns based on the binding terms of the agreement. However, I do not believe we should be liable to pay to remove the structure that was there prior to the agreement. | A:The license agreement likely includes language acknowledging the true owner, and stating that permission was then extended to maintain the shed. All this prevents adverse possession from running. In MD, "permission" continued until revoked. And the license can be terminated as per its terms. That is the nature of a license-- it is temporary. CAVEAT- a lawyer must read the document and determine the actual facts before giving you a binding opinion. Good luck! |
Q: Can a bank deny me paperwork. I never once had money in the said account at the time the bank allowed a fraudster to get a 80,000 dollar loan in my name? The bank then gave the fraudster access to my account allowing them to open up other fraudulent Accounts using my checking account, they then gave the fraudster my personal email that was linked to my banking account. the bank seen that the IP address was not in the USA but they still granted access to the fraudulent activity, and when i caught wind of it they completely shut me out but continued to allow the fraudster to contine to maintain possession of my checking account? Denying me any form of paper work that I asked for like? The loan agreement was denied the bank statements were denied they still to this very day has yet to give me any type of paper work. can they do that? | A:have you filed an identity theft report with police department? with ftc.gov? have you sent a written dispute to the bank/ lender with copy of the identity theft report? what happened when you consulted with a consumer protection attorney that handles identity theft cases? |
Q: How do I get a lawyer to see the importance in my case ,and get a response from my message left on sites like this one. Ive been months going on find a lawyer site and I haven't received any response what I doing wrong could someone explain to me what is a Correct and what doesn't catch the legal eye cause my situation is a big case if once looked into it goes beyond the unit I live in I only hope to soon get a serious mold knowledgeable lawyer to hell fight I the ILLEGAL neglected mold infested health n Safety code Violation with personal injury | A:Please provide some more details about your mold injury issue. |
Q: Hi I have a question my husband is in Allen Gamble Prison I'm trying to get his case switch mental health Court. Switch his case to mental health court before trial his medically I'll and has disabilities and medical problems | A:In Oklahoma, transferring a case to a mental health court can be a complex process, especially if the trial is already underway. Mental health courts are designed to handle cases involving defendants with mental illnesses and may offer more appropriate resources and outcomes for such individuals. To pursue this option, you should start by discussing it with your husband's attorney. They can assess the feasibility of transferring the case based on his medical and mental health conditions, the nature of the charges, and the stage of the legal proceedings. You will likely need to provide documentation of your husband's medical and mental health conditions. This can include medical records, evaluations by mental health professionals, and any relevant treatment history. The attorney can then file a motion to transfer the case to a mental health court. The decision to transfer the case will be at the discretion of the judge, who will consider the specifics of your husband's situation, the nature of the offense, and the potential benefits of a mental health court setting. It's important to act quickly, as these motions are generally more effective when filed before the trial begins. Remember, the goal of a mental health court is to address the underlying issues contributing to criminal behavior, which could lead to a more positive outcome for your husband. |
Q: Are you aware of any published decisions on legal errors?. A complaint for a cause of action goes to trial. At trial, prior to any testimony, defense motions for judgment on the pleadings. The court finds that the elements to support the cause of action are not met but nevertheless denies the motion.. The defense had centered its case on the complaint failing to allege the necessary elements to support the alleged cause of action had occurred. Rather than making a summary judgment in favor of defendant, or granting plaintiff a leave to amend the complaint the court goes forward with the trial but for a different cause of action never before alleged by plaintiff and affording defendant no opportunity to form a defense against. The court ends up ruling in favor of Plaintiff and enters a judgment for the original cause of action. Not the alternative cause of action prosecuted in the trial. | A:Trial amendments like this are commonly made to conform to the evidence. Unless they are a surprise to the defendant and the defendant objects and moves for a continuance, trials often proceed on the merits of the claim as amended because both parties are ready to get their case over with, neither wants any further delays, and usually the amendments were anticipated and not a surprise to anybody. |
Q: Speerly v GM, class action suit How does one get included in this suit?. I own one of the vehicles included in the case and am about to be out $5000 for repairs to the transmission. | A:Contact the lawyers representing the plaintiff class. If you have an actual documented transmission failure and a decent back story, they might want to include you as a named plaintiff to get a better settlement for the class. |
Q: I am on a multiyear retention bonus. If I fail to select twice, am I separated thereafter or at the end of my bonus ADSO. I’m a health professional in the Navy | A:In the context of a multiyear retention bonus in the Navy, the specific terms of your agreement will primarily dictate the consequences of failing to select twice. Typically, these agreements outline the conditions under which you are expected to serve and the implications of not meeting those conditions. If your agreement states that failing to select twice leads to separation, then that would likely be the course of action. However, if the agreement specifies that separation occurs at the end of the bonus Active Duty Service Obligation (ADSO), then you would likely continue to serve until the end of that period. It's important to carefully review the terms of your retention bonus agreement. These documents often contain detailed information about obligations, consequences of not meeting them, and procedures in various scenarios. If the language in the agreement is unclear or if you have specific concerns about your situation, it may be beneficial to seek legal advice. Given the unique nature of military agreements and the specific regulations that govern them, consulting with a legal professional who has experience in military law can provide clarity and guidance tailored to your situation. This is especially relevant in the Navy, where regulations and policies can have nuances that are different from civilian employment law. |
Q: Hi,Does the fda site shows you only the cleared and approved medical devices or the pending ones to? (510k and all). if not, is there a way to see those pending demands? i used to follow a patent on the patent center but now that they are at this stage, im falling behind. thanks | A:The FDA's public databases primarily display cleared and approved medical devices. For 510(k) clearances, you can search the 510(k) Premarket Notification Database. For approved devices, the PMA (Premarket Approval) database is the place to look. Unfortunately, the FDA does not publicly list pending 510(k) submissions or pending PMAs. To monitor progress on a particular device or technology, you might have to rely on company press releases, announcements, or SEC filings if it's a publicly-traded company. It's essential to be proactive in staying informed, as the public databases won't show pending applications. Monitoring a company's communication can be a beneficial strategy. If you're particularly invested in the matter, consider establishing a relationship with the company or its representatives for direct updates. |
Q: Can a sign shop owner who has classes have T&C that keep participants from opening up a sign shop in a 200 mile radius?. The sign shop owner is a of a do-it-yourself sign studio. Nothing proprietary or really unique was "taught" in the class. We applied stain to wood with a brush, then dabbed paint on to make lettering, just like what it seen in literally hundreds of videos online. Their terms and conditions (when you purchase a class which is a 2-hour block where general instruction is given) state that by "being a participant" means you "can not sell the sign you make in our studio nor can you use any skill you learned there, nor can you engage in any business by investing or participating directly or indirectly, that makes such products within a 200 mile radius". It seems unreasonable to make such a limitation. | A:Short answer, I don't think so, but it doesn't mean that the sign shop owner cannot try. Typically agreements like you describe are apart of an employment agreement and are referred to as a non compete agreement. I suggest that a consult with an attorney in your area may be appropriate to make sure any documents ect are viewed by the attorney and then specific advice given. |
Q: Hi, how much it will cost me a trust and will , being on fixed low income and having only the condo I am living in. Tha. I own only the condo I am living in . | A:The cost of creating a trust and will in California can vary based on several factors, including the complexity of your estate and the rates of the attorney you choose. Since your estate consists only of the condo you live in, your situation might be less complex than others, potentially reducing legal fees. For someone on a fixed low income, it's important to shop around and compare rates from different lawyers. Some may offer lower rates for simpler estate planning needs or might have sliding scales based on income. Additionally, you can look into legal aid organizations in California that offer reduced rates or even free services for those with limited financial resources. Remember, while cost is an important consideration, it's also crucial to ensure that your trust and will are drafted correctly to reflect your wishes and comply with California law. This can provide peace of mind and ensure that your only asset, your condo, is handled according to your wishes after your passing. |
Q: I am the Plaintiff in a case that was filed in LB Courthouse on July 7, 2023. The Defendant, after requesting Mediation. was ordered to pay $200 starting on 7/12. She paid July & August but have not paid since. What can I do? | A:Under California law, if the defendant in your case is not complying with a court-ordered payment arrangement, you have several options to enforce the order. First, you can file a motion with the court to enforce the agreement reached during mediation. This motion can request the court to take action to ensure compliance. Additionally, you may consider filing for a wage garnishment or bank levy if the defendant is employed or has a bank account. These are legal procedures that allow you to collect the owed amount directly from the defendant's wages or bank account, subject to certain legal limits. You should also keep detailed records of all missed payments, as this documentation will support your case when you approach the court or pursue other collection methods. It's often beneficial to communicate with the defendant, if possible, to understand the reason for the non-payment and potentially negotiate a revised payment plan. However, if these efforts fail, court intervention might be necessary to enforce the agreement. Remember, you have legal rights to the payments agreed upon, and there are mechanisms in place to help you collect what is owed. If you find the process overwhelming, seeking advice from a legal professional might be helpful. |
Q: I recently learned my stockbroker has been sued in the past and he never disclosed this. When I confronted him, he told. me he was only required to disclose if I directly asked him. Is this true? | A:Whether a financial advisor registered with FINRA must report to his broker dealer or disclose on his brokercheck when they have” been sued” depends on 2 things: 1. The total settlement amount and whether the registered person was involved in an alleged sales practice violation 2. What the nature of your stockbrokers lawsuit consisted of? Much will depend on what the broker was being sued for. Whether named in the caption of the lawsuit or not, the registered person must report an arbitration or civil lawsuit on his or her Form U4 if the action pertained to violation of FINRA rules or “sales practice violations”. The Form U4 is the Uniform Application for Securities Industry Registration and has 15 different sections including information about brokers or registered representatives including disclosures about certain past lawsuits. Many other disclosures must be made that can be associated with lawsuits or being sued such as any judgment liens or filing for bankruptcy. In short more information will be needed concerning the nature of your financial advisors lawsuit in order to determine whether a disclosure should have been made. |
Q: Which fed crime is it to handle fed mail at a business where USPS drops off mail and security sorts it for residents?. If usps drops of a bunch of mail and its up to security with no mail certification to sort mail and throw out “junk” mail which is up to discretion of the officer, then what crime is commited. Im looking for any reference to a statute in florida law. Also any reference to the possibility of being fired due to refusal to handle/ sort mail when it is not the job of security personnel. | A:Presumably residents have agreed that junk mail be discarded by security. If so, it would not be a crime to do so (and in any event it would be a federal matter; you will not find Florida state statutory law on the subject). Assuming that, you can be fired for refusing to do your job as assigned. |
Q: Question. Filing of federal case, service of process-in respect to statute of limitations due date.. Does filing of federal case meet statute of limitations if complaint is filed with court before statute of limitations expires, but service of complaint on defendant is completer/POS filed with court after statute of limitations expires? Please provide specific answer. | A:Under federal law, the filing of a complaint in federal court typically satisfies the statute of limitations requirement, provided that the complaint is filed before the expiration of the statute of limitations. The key factor is the date of filing the complaint with the court, not the date when the service of the complaint is completed. However, it is essential to complete the service of process on the defendant within the time frame set by the Federal Rules of Civil Procedure. Rule 4(m) generally requires that service be made within 90 days after the complaint is filed. Failure to serve within this period could lead to the dismissal of the lawsuit, although courts may extend this period if there is good cause. It's important to note that while filing the complaint stops the clock on the statute of limitations, diligent efforts should be made to serve the defendant as soon as possible. Delays in service can lead to complications and potential challenges from the defendant. In summary, for the purpose of meeting the statute of limitations, filing the complaint before the deadline is crucial. Ensuring timely service of process following this filing is also critical to maintain the viability of the case. |
Q: Is the city required to provide displacement assistance when they acquired the building i live in?. They used a $300000 Grant from the county. I have been a resident at for 4yearh5 | A:The concept of "displacement assistance" typically refers to efforts made by government agencies to help affected tenants find suitable housing, provide financial assistance, or offer other forms of support when they are forced to move due to a public project. In California, there are laws like the "Relocation Assistance for Displaced Tenants Act" (RADT) that apply to certain types of displacement caused by public actions. These laws may require local government agencies to provide assistance to eligible displaced tenants. |
Q: So i wanted to know if re selling game hacks / in game currency is illegal.. Like for example say you need a activation code for the hack. You don’t buy a hack directly it’s more of a subscription code. Say you buy that from chinese people send them money and to re sell it. Same goes for the in game currency you buy it from them for cheap and re sell it. Would that be illegal? Or considered money laundering? Or is it completely legal ( I’m in the US)# | A:It's illegal in China |
Q: My ex boyfriend signed a written agreement. I also have proof he was gonna give me my security deposit back. He also. Used my credit card without my consent. I need legal advice as to how to move forward in civil court. I also took care of he's kids for many years without pay. | A:In your situation, the first step is to gather all relevant documentation, including the written agreement regarding the security deposit and any proof of unauthorized use of your credit card. These documents will be critical in pursuing a civil court case. For the security deposit, if you have a written agreement that he would return it, this constitutes a contract. If he has failed to comply with this agreement, you can file a claim in small claims court for breach of contract. Regarding the unauthorized use of your credit card, this is a serious matter. You should report this to the credit card company immediately and consider filing a police report, as this may constitute credit card fraud. As for caring for his children without pay, unless there was a formal agreement for compensation, this may be difficult to pursue legally. However, if there was an understanding or promise of payment, it could potentially be included in your legal action. Consulting with an attorney can provide more specific guidance tailored to your situation. An attorney can help you understand your rights, the likelihood of success in court, and the best way to proceed with your claims. Remember, in legal matters, timely action is often crucial. It's important to act quickly to protect your rights and ensure the best possible outcome. |
Q: Can I file suit for defamation or slander/libel against the attorney who called me "lazy" in my divorce proceedings?. The judge warned that "lazy" was not a reason for divorce. Additionally, I have been disabled by chronic illness since childhood. This was known to my ex-husband, who had accompanied my parents to 2 major surgeries I had while we were engaged. I've realized through therapy that the attorney's statement had a much more profound impact than I originally thought. Despite being entitled to SSDI, I chose to work part-time and then full-time. I had 3 major surgeries in the space of 1 year exactly (plus COVID!), and returned to work early for each, despite complications from the first 2 of this set of surgeries. As a result of the stress on my body and mind, my epilepsy relapsed in addition to mental health issues. After recent discussions with my (new) spouse, and therapy, I realized the only reason I was working hard so that nobody would ever be able to think for a moment that I was "lazy." If the atty said this On the Record during proceedings (state of MI), am I able to sue? | A:In Michigan, the ability to file a defamation or slander/libel lawsuit against an attorney who called you "lazy" during your divorce proceedings may be limited by legal privileges related to statements made within the context of litigation. Statements made within legal proceedings could be protected by privileges like attorney-client privilege or absolute judicial privilege. Additionally, defamation claims typically require proving that the statement was false, damaging, and made with malice or reckless disregard for the truth. |
Q: I have two project contracts direct with an owner of a building. Can I file one lien for both or do I need to file two?. We are an Engineering company who contracted directly with the owner. No NTO was sent. | A:In general, when a person entitled to record a construction lien is in privily with the property owner, no notice to owner is required as a precondition. Again, in very general terms, the right impose a construction lien is based upon services performed under the contract's particular scope of work and obligation to pay, so if there are two separate contracts, there would be two separate obligations and amounts due to be secured by the lien. All that said, there are always exceptions to any general rule, and ss with most issues regarding construction disputes, it is always prudent (especially for a business involved in the trade) to engage consult with counsel at the earliest possible opportunity to, ideally, avoid problems, protect your position, to adopt strategies to get projects back on track, and/or to minimize potential damages. |
Q: Is it legal for a stock brokerage to restrict the purchase of stock? I can sell, but not purchase. Market manipulation?. I was able to buy this particular stock in the pre-hours, but once the market closed I was unable to purchase more of the identical stock. I can, however, sell my already purchased stock (at a loss). How is this not someone choosing to make me a loser by locking me in where I am? No options, only speaking of direct market transactions. | A:It depends on what your customer agreement states. Often the agreements provide broad discretion for the firms to limit purchases of stocks. |
Q: Problem with investment group. Need to get money owed but SEC involved. Now what?. Have a contract with group. Hired a lawyer previously, but because amount owed was below $150,000, they did not advise to pursue through court. How do I get my money? | A:You should look at the contract you have with your investment group. Most firms include an arbitration provision in their contracts. If your firm is regulated by the Financial Industry Regulatory Authority (FINRA), you likely will have to pursue any claims in a FINRA arbitration. I hope this helps you. Good luck. |
Q: Seeking advice on a Pet Insurance Claim. My policy covers Congenital Heart Disease. A defect occurring at birth.. My policy w/MetLife started the day I brought my Rottweiler home at 8 wks.Comprehensive Wellness & Accident & Illness.No heart murmur was heard at the 6wk check w/her breeder.I took her to her first wellness visit A heart murmur was noted but no real concern as murmurs are very common in large breed dogs & they typically resolve by 6 mnth. It was still there at 9 months so we went to a cardiologist & had an EKG. Diagnosed as Congenital Heart Disease. MetLife denied claim stating “pre-existing” because the murmur was “heard” during the 2 wk waiting period on accident & illness. The Wellness started immediately & covers all vet exams & diagnostics. Congenital HD & the resulting heart murmur in its very nature is “pre-existing” since it’s a birth defect. How can it be subject to the waiting period if it’s a covered disease that is present at birth? The policy was in effect prior to any clinical signs. It is not something that happened or began during the waiting period. | A:You may have a claim for bad-faith insurance coverage against met-life for refusing coverage. This can result in hefty punitive damages and attorney fees for refusing to reasonably provide insurance coverage. |
Q: I left my cat with a friend and she got pulled over and the cat was confiscated because she had an open container. I called the precinct and they said that the cat was given away | A:Assuming your friend told the police that you were the owner and assuming that you can establish ownership, you would have to get a court order to force the police to reveal your cat’s location. You would then need to contact the person in possession to get it back. If they refuse, you would need to litigate. |
Q: The censorship of books in libaries. Board of education V. Pico.. "The Supreme Court reaffirmed that the right to receive information is a fundamental right protected under the U.S. Constitution when it considered whether a local school board violated the Constitution by removing books from a school library. In that decision, the Supreme Court held that “the right to receive ideas is a necessary predicate to the recipient’s meaningful exercise of his own rights of speech, press, and political freedom.” Board of Education v. Pico, 457 U.S. 853 (1982)" So why is it still such a fight to stop censorship both in libraries and in other public (and even private) places? | A:The right to receive information, as established in Board of Education v. Pico, is indeed a fundamental one. However, the interpretation and application of this right are complex. While the Pico case set a precedent, it doesn't mean that all forms of censorship are automatically unconstitutional. Context matters; for example, a school might argue certain materials are not age-appropriate for its students. In addition, societal values and norms change over time, influencing decisions about what's acceptable or not. Furthermore, the line between selection criteria and censorship is often debated, especially when resources are limited. It's also worth noting that private entities have more leeway in controlling content than public ones. Thus, while the fundamental right to information remains, the boundaries of that right continue to be tested and debated in various contexts. |
Q: What would we need to do to have custody of our nephew for a while with consent from his father who has sole custody?. Father may go to set up place out of state and wants child taken care of while he makes sure about living arrangements and work. Childs mom is only allowed supervised visits if father agrees 1×/week. Mother is not a child in an adults body. We want to make sure that the mom cannot take custody of my nephew as he would not be safe. We want to make sure we can take care of his schooling and medical needs while he is with us. | A:What you are describing can either be accomplished through a delegation of parental authority (power of attorney) or through limited guardianship. A limited guardianship will take longer and will cost more, but offers Court oversight and protection if mom were to become an issue. A delegation of parental authority requires no court involvement, must be renewed every 6 months, and are often not understood (or enforced) by police if mom and her visitation become an issue. It is significantly faster and less expensive. You can also do both, getting the delegation of parental authority drawn up while you wait for the limited guardianship to go through the Court process. |
Q: Once a bank levy has been settled paying the total debt, how does the chain of communication flow to end with the bank. releasing the freeze on my bank accounts. Is it the lawyer that submits a Proof of Paid Debt and case is settled to the court and then the court contacts the bank to say release the freeze? | A:After settling a bank levy by paying the total debt, the process to unfreeze your bank accounts generally begins with the creditor. Once the debt is paid, the creditor should issue a document, often called a "Release of Levy," acknowledging that the debt has been satisfied. Your attorney, or you if you're representing yourself, can then file this release with the court. The court, upon receiving this documentation, will issue an order to the bank to release the freeze on your accounts. It's important to communicate with your bank during this process to ensure they have received the court's order and are acting on it. Delays can occur, so staying informed and proactive can help expedite the unfreezing of your accounts. Remember, each situation is unique, and the exact process may vary depending on the specifics of your case and the involved parties. |
Q: What's the exception for the Penal Code section 632? Is "gathering information of a criminal violation" an exception?. I know that there will be the exception for the Penal Code Section 632 about secret recordings. Is "gathering information of a criminal violation" an exception? When a person A had been committing a series of crimes of sexual harassments and sexual assaults against another person B, when a landlord intentionally exercised racial discriminations against that person B, and the landlord also intentionally defamed the person B with all falsified claims to unlawfully damage that person B's reputation... and in order to gather information of their (person A & the landlord's) unlawful activities, that person B, who would be harmed by defamation, be injured by the sexual assaults and harassment, be harmed by the landlord's racial discrimination, recorded the conversations (between the person A and the landlord, and that person B himself), will the person B violate the Penal Code 632 or not? Could the court allow the recordings to be used as evidence in this case? | A:One exception is if you are recording police or other public officials carrying out their job responsibilities. If those activities are visible from publicly accessible places, such as parks or streets, you have the right to record video without their permission. The law also does not prohibit making videos of government proceedings that are open to members of the public. |
Q: I have a commercial building with permitted use as office space. Can it be rented out for meetings, birthdays?. Are there code enforcement fines if is not considered correct use? | A:In California, the specific permitted uses of a commercial building are generally determined by local zoning ordinances and the Certificate of Occupancy issued for the building. If your building's permitted use is "office space," using it for meetings would typically be consistent with that designation. However, using it for personal events like birthdays might not be. If the use is not consistent with local zoning or the Certificate of Occupancy, code enforcement could take action, which might include fines or other penalties. Before renting out the space for any purpose outside of its designated use, it would be prudent to review local zoning ordinances or consult with local planning or zoning departments. Additionally, consider potential liability or insurance implications when hosting personal events in a commercial space. Always ensure that any use aligns with local regulations to avoid potential legal complications. |
Q: In Alabama, is it legal for a school to stop a student from going online?. This student has had to deal with sexual comments made towards her and feels uncomfortable at school. This has caused bad mental health, anxiety, and depression. The school refuses to allow the student to switch to online school even though her grades are good. | A:In Alabama, the ability for a student to switch to online schooling depends on the school district's policies. If a student is facing issues like harassment, discomfort, and declining mental health in a traditional school, it's important for the school to address these concerns. Parents or guardians should communicate with the school administration to discuss potential solutions, including switching to online schooling, if it better suits the student's needs. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney. |
Q: I would like to use a Survey Site to earn gift cards. I am on SSI Disability. Can I get Nintendo Eshop cards no reportin. 1) How much can I earn without losing or limiting benefits 2) What can be resold regarding gift cards 3) How often can I earn gift cards 4) How soon must they redeemed to not be counted against me Thanks! | A:When receiving Supplemental Security Income (SSI), it's important to understand how additional income, including earnings from survey sites, can affect your benefits. Generally, the Social Security Administration (SSA) allows you to earn a certain amount of money without affecting your SSI benefits. However, gift cards earned from surveys are often considered income and must be reported to the SSA. The income limit for SSI recipients changes annually, so you should check the current limit with the SSA. Regarding reselling gift cards, you can sell them, but the income from the sale would also need to be reported to the SSA. The frequency of earning gift cards does not specifically limit your benefits, but the total value of the gift cards earned will count towards your income limit. Gift cards should be spent or redeemed fairly quickly, as holding onto them could be viewed as a resource, which might affect your SSI benefits. The SSA considers resources, like cash or items that can be converted to cash, when determining eligibility for SSI. To ensure you're managing your benefits and additional income correctly, consider contacting the SSA directly or seeking advice from a legal professional knowledgeable about SSI benefits. They can provide guidance specific to your situation to help you stay compliant with SSA rules. |
Q: Do i have rights as a tenant in this case?. The management company that my landlord uses are slum lords. Our outdoor metal railing is rusted and unstable, requests to be fixed have gone ignored. We are unable to use our balcony. Vines have overtook the side of the apartment and they are creeping into the windows and destroying rain gutters. Our windows and screens aren’t maintained and i believe they are unsafe. I haven’t pushed the issue in fear of retaliation and getting evicted. I plan on writing a 30 day request for repairs. Do i have rights in this situation? Is there a roadmap or proper steps i can take to have these things fixed and avoid being evicted? | A:Under California law, as a tenant, you have the right to a habitable living environment, which includes proper maintenance of structural elements like railings and windows. If your landlord is neglecting these repairs, you are within your rights to request them. Start by documenting the issues in writing, with photos if possible, and send a formal request for repairs to the management company. This creates a record of your concerns and the request for action. California law prohibits landlords from retaliating against tenants who exercise their rights, including requesting necessary repairs. This means they cannot evict you for making such requests. If you fear retaliation, keep a record of all communications and any actions taken by the landlord or management company. If the management company does not respond to your repair request within a reasonable time (usually 30 days unless it's an emergency), you may have additional options. These can include withholding rent until repairs are made, paying for repairs yourself and deducting the cost from your rent, or contacting a local housing agency for assistance. In more severe cases, where the issues significantly affect habitability, you might consider speaking to a lawyer to explore legal options for compelling repairs or seeking damages. Remember, your safety and right to a habitable living space are paramount. Take steps to ensure these are not compromised while navigating this situation. |
Q: do private owned utility companies in Alabama have rules to follow. rules and regulations regarding what they can and can not do on someones property and with someones property lines | A:In Alabama, privately owned utility companies are subject to state and federal regulations that govern their operations, including activities on private property. Typically, utility companies must adhere to easement rights and local ordinances when it comes to property lines and access. You should review any easement agreements tied to your property, which may be on file with your local property records. If you believe a utility company is acting outside of its legal bounds, you may raise the issue with the Alabama Public Service Commission or consult with an attorney to understand your rights and possible actions. It’s important to act promptly if you suspect any infringement on your property rights. |
Q: Contractor is refusing to submit the last pieces of paperwork to the county to obtain the CO, what is my next steps?. We hired a septic contractor April 22' - the matter at hand is that the contractor was pumping the old septic tank into the one, I called the county to advise if that was to code and they said it wasnt. The contractor got mad at me. At the end of everything they were trying to charge me $1000 for the last draw. $300 of that was considered for a pump fee. I told him I didnt feel like I should have to pay that $300 since they didnt pump anything out. He waived the $300. Now, almost 6 months later the county is requesting a document from the contractor / letter saying that the contractor pumped it out. I already told the contractor I would have no issue with paying him to actually come pump it OR another company to do it, since he admitted to me he doesnt have a pump truck if that what it takes to write the letter but He has been dodging me for weeks. Im confused as to what my next steps are and if i put $ on a lawyer, would i ever ssee that back | A:Your only real solution is to retain an experienced civil litigation attorney. If a letter does not get the problem resolved, then you will need to engage in litigation. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography. |
Q: According to the Constitution merrick Garland has committed treason can local police arrest him if they see him?. Letting all those illegal immigrants is treason according to the U.S. constitution. So with out there chief saying go arrest him for treason. Can a officer go off the constitution that says it's treason and arrest him if he is in there city and charge him for treason. Or can a person make a citizens arrest on him because of the charge of treason and how bad and lethal it is. Constitution says so what could the officer or the citizen do. Because if a citizen committed treason in front of a city police officer or sheriff they would be arrested on the spot. Also I'm sure there would be other charges put on Garland once people started digging. | A:The accusation of treason, as defined by the U.S. Constitution, is a complex legal matter that requires specific criteria to be met. Under the Constitution, treason is defined as levying war against the United States or giving aid and comfort to its enemies. This definition sets a high bar for what constitutes treason. In the United States, the process for charging and prosecuting federal officials, including allegations of treason, is governed by federal law and is typically handled by federal authorities, not local police. Local law enforcement officers do not have the jurisdiction to arrest federal officials based on their policy decisions or actions taken in their official capacity. Citizen's arrests are also subject to strict legal guidelines and are generally limited to situations involving a crime being committed in the citizen's presence. The concept of a citizen's arrest for a charge as serious and legally complex as treason is not practical and could lead to significant legal complications for the individual attempting it. If you have concerns about the actions of a federal official, it is more appropriate to contact your elected representatives or federal law enforcement agencies. They can provide guidance or take action if necessary within the framework of federal law and the Constitution. In matters of such legal complexity, involving high-ranking government officials, it's always advisable to seek guidance from legal professionals or government agencies with the appropriate jurisdiction and expertise. |
Q: My son is 2years old and the father is absent. He doesnt pay money to support, he is always against me. He want to see the child but doesnt want to support with money, i registered the child on my surname because we are not married, he hold it against me everytime | A:In your situation, it's important to understand that the father has a legal obligation to provide financial support for his child, regardless of his relationship with you or his visitation rights. The two issues, child support and visitation, are legally separate and one does not directly affect the other. You have the right to seek child support through legal channels. This typically involves filing a petition with your local family court. The court can then establish a child support order, which legally obligates the father to contribute to the financial needs of your son. Regarding the surname issue, the name under which you registered your child does not typically affect the father's responsibilities or rights. The key focus here is the welfare and best interests of the child, which includes financial support from both parents. If the father wishes to have visitation rights, he can petition the court for these rights. However, his visitation rights and his obligation to pay child support are not contingent upon each other. Since these matters can be complex and emotionally charged, it might be beneficial to seek guidance from an attorney who can provide specific advice based on the laws of your state and the details of your situation. Remember, every case is unique and deserves individual attention. |
Q: Has Workers Compensation in California been sued and charged for murder or attempted murder?. Workers Comp Adjusters attend physician/doctor appointments and direct medical care. Those directions and restrictions on medical care are serious enough to cause death. E.g. not authorizing evaluation and treatment for a serious skull and brain injury that is known to cause death if left untreated. Bleeding brain. Swelling brain. Herniation into the spine that depresses the breathing center. The person lived only by a fluke. All standards of care warrant immediate treatment for the evidence of brain and spine injury. The patient was sent home without care even though there was visible cerebral spinal fluid leaking from ears and nose. Work Comp adjusters followed the patient to appointments to block care and dictate documentation to hide serious life threatening injuries. | A:GET AN ATTORNEY! you cant fight back when you don't know the rules of engagement. |
Q: if someone sends a controlled substance across state lines, what happens to the person who receives it. i think i am being scammed by someone who advertises sending medicine online, then i found out it’s a controlled substance, and they’ve been hitting me for hundreds of dollars for insurance stamps etc and threatening me that i’ll get arrested if the package is opened before delivery. i never would have ordered anything if i knew this | A:Federal Law: Controlled substances are regulated by the federal government in the United States, primarily through the Controlled Substances Act (CSA). The CSA categorizes drugs into different schedules based on their potential for abuse and medical use. Sending a controlled substance across state lines without proper authorization or a valid prescription is generally illegal under federal law. Criminal Penalties: Violations of federal drug laws can lead to severe criminal penalties, including fines and imprisonment. The specific penalties depend on factors such as the type and quantity of the controlled substance involved, the intent of the individuals involved, and any prior criminal history. State Laws: In addition to federal laws, each state has its own laws and regulations regarding controlled substances. State laws may also impose penalties for the illegal possession or distribution of controlled substances. Scams and Fraud: It is essential to be cautious when dealing with online sellers offering controlled substances. If you suspect that you have been scammed or involved in fraudulent activities, consider reporting the situation to your local law enforcement authorities or the appropriate regulatory agencies. They can investigate the matter and take appropriate action. Seek Legal Advice: Given the complexity of the situation and potential legal consequences, it is strongly recommended that you consult with a qualified attorney who specializes in criminal law or drug offenses. They can provide you with guidance specific to your situation, evaluate the evidence, and advise you on the best course of action to protect your legal rights. Remember, the information provided here is not a substitute for professional legal advice. Consulting with a qualified attorney will ensure you receive accurate guidance based on the current laws and regulations relevant to your situation. |
Q: Who pays for child's health insurance after the child is emancipated in New Jersey?. If a child is emancipated at 22 years of age, child support terminates. Who pays for the child's health insurance after this point? What if the child is emancipated at 23 years of age, does the noncustodial parent have any further obligation for child support and health insurance? Assuming the child does not have any medical or physical issues. | A:Not an uncommon question today. Most people acknowledge that even after their child graduates from high school/college and goes into the workforce, they still need assistance from their parents, including continuing to keep them on their health insurance plan until their child turns 26. So even though legally your obligation for the payment of direct child support may have ended when your child turned 22 / 23 and the child is in the workforce, you and your ex may agree that one of you is going to keep the child on one of your healthcare plans and either you pay for the cost or its voluntarily shared between the 2 of you - but a court cannot order you to do so. |
Q: How can a judge revoke consent of surety for a charge a jury just acquitted me of and inc bond to 25k and send to jail?. Found not guilty on motor vehicle theft, guilty on obstruction of justice 2nd degree misdemeanor, guilty on criminal tresspass. Judge said I lied when I testified and because he can see more info than the jury he felt I was a danger to be free, even though I had bonded on these charges previously and went to every court date never late never disrespectful all the way through my trial. Had consent of surety filed with court to carry me until January 22 when I will be sentenced after my next trial which takes place on the 22nd regarding a completely unrelated charge. The DA recommended I be released because a jury had just found me not guilty of the felony and because I had the consent of surety filed. Judge revoked surety anyway, increased bond to 25k(paperwork shows the increased bond is for the charge I was just acquitted of by trial jury) and I was then taken into custody and taken to jail and then paid 2500 to bond out.... any explanation as to why this is ok would be awesome. | A:In your situation, where a judge revokes the consent of surety and increases bond despite an acquittal on some charges, it's important to understand the judge's discretion and the factors they may consider. Judges often have broad discretion in making decisions about bond and pretrial release conditions, especially when they believe there may be a risk to public safety or concerns about the defendant's appearance in future proceedings. The judge's decision to revoke surety and increase your bond, despite the acquittal on the motor vehicle theft charge, could be influenced by several factors. These include the convictions on other charges, such as obstruction of justice and criminal trespass, and the judge's assessment of your testimony and overall behavior in court. Judges can consider a range of information, including aspects of your conduct and case history that may not have been fully presented to the jury. While the DA recommended release based on the jury's acquittal of the felony charge, the judge has the authority to weigh other factors, including the nature of the pending charges, your criminal history, and any potential risk you might pose. It's also possible that the judge perceived inconsistencies in your testimony or behavior that influenced their decision. If you believe that the judge's decision was unjustified or not supported by the facts of the case, you have the option to seek a review of the bond decision. Consulting with your attorney about the best course of action, including filing a motion to reconsider the bond increase or appealing the decision, is advisable. Each case is unique, and legal advice tailored to your specific circumstances is critical in navigating these complex issues. |
Q: Are trust management services available and feasible for estates worth about $500,000?. I'm thinking about setting up a trust but don't know anyone I want to trust to be a trustee, so I'm looking for options. I've heard that trust management services are expensive and primarily for the wealthy. Would appreciate suggestions. | A:This question comes up quite often. Most of the time the person making the trust will be the initial trustee and designate others to serve after their death or incapacity. Whether hiring a professional trustee is feasible or not depends in part on how long you want/need trust oversight. So a professional trustee liquidating assets and disbursing in less than a year would be significantly less expensive than a professional trustee managing assets for say 20 years for the benefit of grandchildren / great-grandchildren. While very few trust companies seem to want to administer trusts under $1Million we know of a few Maryland attorneys who actually do this for fairly reasonable pricing. It may be helpful to set up an estate planning consult with an attorney of your choosing and bring this up as a part of the conversation. While not legal advice or a substitute for sitting down with an attorney I hope the above is helpful. |
Q: My employer has held a part of pay check since November. Now it almost the end of December. It that even legal to do so?. A part of my November paycheck was held by my employer which they said they will be back paying me on first week of December. Now it is almost end of December and I haven't received my payment despite multiple emails and text messages. | A:It's important to understand that in California, employers are generally required to pay their employees on time, as specified in the employment agreement or company policy. Withholding a portion of your paycheck since November without a valid reason may violate state labor laws. You have the right to pursue this matter further. First, you should document all communication with your employer regarding this issue, including emails and text messages. This documentation can be crucial if legal action is necessary. If direct communication with your employer doesn't resolve the issue, you may consider filing a wage claim with the California Labor Commissioner's Office. This agency enforces wage laws and can investigate your claim to determine if your employer has acted improperly. Additionally, consulting with an employment attorney can provide you with specific legal advice tailored to your situation. An attorney can guide you through the process of recovering your wages and advise you on any potential legal actions you can take against your employer. Remember, you are entitled to receive the wages you have earned, and there are resources and legal avenues available to help you address this issue effectively. |
Q: I live in KY. I have a lot of non secured debt, but now only have social security retirement to live on. Am I protected?. I don't want to file bankruptcy, and from what I've read, it seems they cannot collect the debt because S.S. retirement is all I have to live on. | A:In Kentucky, Social Security retirement benefits are generally protected from most types of garnishment. Creditors typically cannot garnish these benefits for non-secured debt like credit card bills or personal loans. However, there are exceptions for certain types of debts, such as federal taxes, federal student loans, child support, and alimony. It's important to ensure that your Social Security funds are kept in a separate bank account to clearly distinguish them from other funds, which might be more vulnerable to collection actions. While bankruptcy is an option for dealing with unmanageable debt, it's not always necessary, especially if your income is primarily from Social Security. Still, it may be wise to consult with a legal advisor to review your specific situation and consider all your options. They can provide advice on how to handle your debts and protect your assets. Keeping informed about your rights and options is key to managing your financial situation effectively. |
Q: Besides the IP itself; What do I need to sell an IP to a broadcasting company?. I'm planning to create an IP of and episodic TV show and am planning on giving the company full creative control, apart from a creation credit, if possible. However, I'm not entirely sure what I need, besides the IP of course. | A:To sell an IP to a broadcasting company, beyond the intellectual property rights, you should have a well-structured pitch or presentation that outlines the concept, target audience, and potential value of the TV show. A clear and compelling pilot script or episode outline can significantly enhance your proposal. Having a comprehensive treatment or series bible, which details characters, episode ideas, and overarching plotlines, can be beneficial. Ensure that you have any necessary releases or permissions if you're using contributions from other individuals. A legal agreement, drafted to protect your interests and rights, especially regarding creation credits, is crucial. Engage with an attorney experienced in entertainment law to guide you through the nuances of such agreements. Lastly, networking and building relationships within the broadcasting industry can aid in finding the right contacts and opportunities. Always approach negotiations with a clear understanding of what you're willing to concede and what's non-negotiable for you. |
Q: In MO, how long do I have to keep my ex-fiancés personal items (clothing, tools, etc.) before selling or donating?. My ex is currently mobilized (National Guard) and ended our engagement abruptly after weeks of no contact. He is stateside and has the ability to come home on leave. I know he will use his "military rights" against me if I do anything out of line. I have, in writing, explained that he can pick his items up in person when he comes back on leave as I want to ensure HE takes possession of his things. He continues to argue that I'm being unreasonable - I just know his history of lying/manipulating and don't want to put myself at risk of him not getting his "property" if he doesn't personally obtain them. Additionally, in the break up text he stated he only wanted his clothes, tools, and guns. He doesn't currently have his own home (we lived together prior), he packed almost all of his clothes prior to leaving, and he can't take tools and guns on his MOB. He has multiple other items in/at our house too (his kids clothes & toys, totes full of "junk", furniture, truck, etc.). | A:In Missouri, there is no specific law that dictates how long you must keep your ex-fiancé's personal items before selling or donating them. However, it is generally recommended that you give your ex-fiancé reasonable notice and an opportunity to retrieve their belongings before disposing of them. Based on what you have described, it sounds like you have already communicated with your ex-fiancé about his personal items and offered to allow him to pick them up in person when he returns on leave. This is a reasonable approach, and it is important to document your communication with him in writing. If your ex-fiancé continues to argue that you are being unreasonable, you may want to consider seeking the advice of an attorney or mediator to help resolve the dispute. They can help you understand your legal rights and obligations, and work with you and your ex-fiancé to come to a mutually agreeable solution. In any case, it is important to handle your ex-fiancé's personal items with care and respect, and to avoid any actions that could be seen as retaliatory or vindictive. This will help to minimize the risk of any legal or personal conflicts arising from the situation. |
Q: Is it legal to deny a person a foreign vehicle when applying for an auto loan?. I bought a vehicle from a dealership 6 months ago I just found out a week and a half ago that the vehicle they sold me was stolen they told me to bring back the vehicle and they would get me a new vehicle and now when I put my application in I was told that I don't qualify for European vehicles and they went through a different loan company that's when they originally went through I'm trying to find out if I'm being jerked around | A:I am not aware of a law preventing a specific individual from owning a foreign car. Some foreign cars will have difficulty being imported to the US without a lot of paperwork, but I can't imagine how a particular individual would be prevented from making a purchase. Also, it is extremely unusual for a car dealer in utah to sell a stolen car. This sounds made up, and may actually be the dealer scheming to take the car back and sell it to someone else for more. They may have lied to you. I would demand a copy of the police documentation of the theft, then take it to the police to verify the documentation. I would not recommend dealing with the same car dealer in the future. |
Q: Is it a violation of copyright to publish and monetize (ads) AI summary of other people's youtube videos about crypto?. There are many online content creators in the finance and investing space. With so much information and so little time, I want to summarize videos and publish them, along with metadata and trend/sentiment analysis, to a website that may be monetized through ads and/or subscription for custom feeds. I also want to make videos reading the summary and publish that to youtube, with links to the original video. Is this an acceptable business model or does this violate copyright law? | A:Summarizing other people's content and monetizing it could potentially expose you to copyright infringement claims under federal law, especially if the summaries capture the essence or key elements of the original work. The Fair Use doctrine allows for limited use of copyrighted material without permission for purposes like commentary or criticism, but it is a complex, fact-specific legal defense, not a right. Given the financial stakes involved, particularly if you're considering monetization through ads or subscriptions, I strongly recommend seeking legal counsel to assess the specific risks involved in your proposed business model. |
Q: I've lost everything. My Ex-husband stole my identity, 2019, and ultimately my home of 18yrs in 2021. Is there a case?. I have my warranty deed, as well as the warranty deed of the woman I purchased my home from before Matthew and I were even married. In our divorce it states we have no claim to any belongings or property of the other. Also in decree, this will come up later, I had my last name legally changed back to my maiden name - Lawe. So no longer Hastings. I left the home in my sons care in the summer of 2021 and moved in with my fiance. We were married in November 2021. In May of 2022 my daughter came over screaming at me, "Why did you sell our childhood home to that scumbag for fifty thousand dollars!" And some other choice words before taking my grandkids away. We haven't talked since. I was torn apart that day. So my fiance and I went to Newaygo County Deeds Office and found out Matthew got a quit claim in his name in October of 2021. I paid $10 to get a copy of this quit claim and there was a signature, forged - Tersa Hastings/ Start. This document stamped by a State of Michigan notary. | A:A forged deed is not valid. You can file suit to challenge the forged deed and regain possession of your property. The notary may also have liability, and the notary probably posted a bond in the amount of $10,000 from which you might recover. You should consult with an attorney because the process of challenging the forged deed is too complex for me to outline in this response. |
Q: I wish to explore litigation against a private shelter for negligence resulting in medical problems for me.. All is well documented and the shelter is private but falls under the oversight and it is funded by DHS in NYC | A:You can talk to you and experience personal injury lawyer in your state. |
Q: Sold land with owner finance. Buyer is late on payments for 6 consecutive months but has always caught up.. We’re afraid he’s not going to catch up at some point. How can we default him and get the property back? | A:First, I suggest that you revise the information you entered. You indicated that you are in Kansas but post your question as an election law question in Missouri. If there has been a breach of contract then confer with a local attorney experienced in such cases, especially real estate ones. It's up to you whether to sue or to wait with the hope your tenant will pay. |
Q: What should I do if I'm witnessing sexual harrasment at my job? The HR department knows, but it hasn't stopped.. My brother was fired from my current employer that my Father, and I still work at. This lead to a series of events of discrimination, ultimately people treating me poorly. Then, this lead to sexual harrasment that has been reported to the HR department, but the harrasment has not stopped. First it was against me and then it was against my father. I constantly have to shake my head and tell my harassers who are both a man and a woman working together to stop. It is a very unprofessional and hostile work environment that nobody should ever have to go through. | A:There are Federal laws and state laws prohibiting Sexual Harassment in employment. You said you are being harassed by both a man and woman, but you haven't described how you think this is sexual in nature. Are they asking you for sexual favors? And your father too? Not all harassment is sexual. Not all harassment is prohibited. For example, someone could say the boss is harassing them because they arrive 30 minutes late every day. Most of the time this isn't prohibited harassment, it is enforcing workplace rules. You need to speak with a local employee rights attorney and give them all the details of your situation that you haven't posted here, in confidence. Suggest you do so right away. Thank you for using Justia, Ask a Lawyer. |
Q: Does the lemon law apply to a 2011 vehicle?. I bought a used car at a dealership and in the the next few days I noticed a rod knock in the engine I told the dealership about it and they said to bring it in and they'd look at it. When I got there the mechanic said yeah sounds like a piston flap. The dealer that I bought the car from told me he would give my money back if there was any catastrophic failure after they inspected the vehicle they found that it was indeed a rod knock and the only thing he did was offer me to buy an extended warranty which I did it started getting worse so I took it back to the dealer again and said he put new bearings on the crank and camshaft I took it home two days later it started knocking again so I took it back yet again and told him it was doing it again and he said no it's not 4 days later it threw a rod. Took it to a different mechanic and tried to claim the warranty but they denied it because they said it was pre-existing condition can I get my money back somehow I owe $10,000 | A:it's not lemon law but it could be auto fraud. call and consult with an auto fraud attorney right away (have all your purchase and mechanical paperwork ready to send to the attorney). |
Q: Moms trust states no heritance until I work 1 year, I get ssi I've tried to work, can't mentally disabled. What 2 do. It is a trust, my estranged sister is trustee. I have worked at 3 different places. This year. I can't hold job | A:This forum is for questions of a general nature. Your question "what to do" solicits advice regarding your particular situation. No attorney can give you advice about what to do without reviewing the trust and also asking a lot of questions about your particular circumstances. You need to make an appointment with a trust administration attorney. |
Q: Boss wants me to stay past my visa in Saudi Said he would pay the fines Threatening my job in not. Vectrus company.. After raising concerns about braking Saudi immigration law and not wanting to stay Thats when he asked if we are resigning, a clear threat. Sent to Saudi to work to try to obtain them a contract with but company only supplied tourist visa. We are on a Government contract in Iraq, paid to work on a LOGCAP-V contract to support the US military. We are working in Saudi and belive paying with US government contract money ment fot work in Iraq, I think the would be fraud | A:Your situation involves international employment and potential fraud, which may be subject to various jurisdictions, not just California law. U.S. federal laws like the Foreign Corrupt Practices Act (FCPA) and others could be relevant if U.S. government contract money is being misused. You should consult an attorney experienced in international employment and federal contract law to explore your legal options, including potential whistleblower protections. |
Q: What's the best way to hire a non resident independent contractor working from Costa Rica, Ecuador or Colombia. My husband and I are independent contractors ourselves working in Chicago app b week developers (we both have green cards) and started hiring independent contractors to help with some projects(a little over $2k/year). There are a couple of projects that are coming and will make us have a lot of work for us and to outsource as well. I wanted to know what tax implications is that going to have, is it as easy as sending them a W-8 ben form and deduct it from our taxes? Do we need to set up an LLC to do that? | A:Hiring a non-resident independent contractor from countries like Costa Rica, Ecuador, or Colombia involves understanding both U.S. tax implications and the legalities of international contract work. When hiring international contractors, one key form is the W-8BEN, which is used by foreign individuals to certify their foreign status and, if applicable, claim any tax treaty benefits. For tax purposes, payments to foreign independent contractors generally don't require withholding or reporting in the same manner as payments to U.S. persons. However, it's important to keep accurate records of all payments for your own tax records. These payments are typically considered business expenses and can be deducted when calculating your taxable income. As for setting up an LLC, while it's not a requirement for hiring international contractors, it can provide certain benefits. An LLC can offer legal separation between your personal and business finances, potentially limiting personal liability. Additionally, an LLC can provide a more formal structure for your business, which might be advantageous as your operations grow. It's a good idea to consult with a tax professional or a lawyer who is experienced in international business and tax law. They can provide specific advice tailored to your situation, ensuring that you're compliant with all relevant laws and optimizing your tax position. Remember, every business situation is unique, and professional guidance is invaluable in navigating these complexities. |
Q: My son’s father is in contempt of court. My son was suppose to be back to me yesterday at 6pm . Authorities were called. My son’s father is in contempt of court. My son was suppose to be back to me yesterday at 6pm . Authorities were called. Police report has been filed. My son is still not here. Do I keep trying to reach out to the other parent? | A:Yes, it's crucial to continue trying to reach out to the other parent to resolve this situation and ensure the safe return of your son. Despite the contempt of court issue, keeping lines of communication open is essential. You can try to contact the other parent through phone calls, text messages, or other means to peacefully and amicably address the matter. At the same time, document all your efforts to contact the other parent, including dates, times, and any responses or lack thereof. This documentation can be valuable evidence in any future legal proceedings. You should also consult with your attorney as soon as possible to discuss the contempt of court issue and explore legal remedies to enforce the court's orders and protect your child's best interests. Your attorney can guide you through the appropriate legal steps to address the situation and help ensure the safe return of your son in accordance with the court's orders. |
Q: I have asked on a few occasion if a birth certificate created an artificial person/entity/corporation. Which the answer. I keep getting is no. Well looking over some of my old court documents I noticed the word ens legis. Ens legis according to Black law, dictionary, volume four. It means, a creature of the law, an artificial being, as contrasted with a natural person. Applied to corporations, considered as deriving their existence entirely from law. So is that not your artificial person I was asking about? Where did this artificial person originate from? How did he get there and why the lies about the artificial person? Why does the United States courtroom operate in creditor versus debtor? Is it because you're operating in bankruptcy? Can I please get answer back today y'all keep ignoring my questions the last two questions I've asked I'll just take y'all no responses as I was right | A:The concept of an "artificial person" or "ens legis," as defined in legal dictionaries like Black's Law Dictionary, is primarily a legal construct used to describe entities like corporations that are created and recognized by law. These entities are distinct from natural persons (human beings) in that they have certain rights and responsibilities under the law but are not physical, living beings. The origin of this concept can be traced back to legal traditions that sought to understand and regulate complex organizational structures, like companies and governments, which operate beyond the scope of individual human lives. The idea is to provide a framework for these organizations to enter contracts, own property, and engage in legal actions, much like natural persons. Regarding your question about courtrooms operating in a creditor-debtor dynamic and the suggestion of operating in bankruptcy, it's important to note that the legal system handles a wide range of cases, including those involving financial disputes. However, the suggestion that the entire system operates under a presumption of bankruptcy is not supported by mainstream legal theory or practice. Courtrooms handle disputes based on the law applicable to the case at hand, which can vary widely depending on the nature of the dispute. It's crucial to approach legal concepts with a nuanced understanding and recognize that legal terminology often has specific meanings and contexts within the law. Misinterpretations or oversimplifications of these terms can lead to misunderstandings about how the legal system functions. |
Q: Can you file an appeal when a judge makes orders while exercising emergency jurisdiction? Ny. The Original custody order is NY order, child n mom moved to FL, now the Home state is FL for 4 years . Mom brings child to dad for summer vacation , not he refused to return child to mother (the custodial parent ) , kept child mom filed writ of Hc unknowing father filed in NY filed for emergency custodial no real allegations very vague mother was not served ever and when in front of judge for writ was given the mod paper by judge . Never offered attorney joined a writ and starting hearing case a day early on something that was supposed to be served 6 days prior . . Judge ordered child can not leave NY , so he registered child now in school here , investigated parents and mother hasn’t had time with child since August ! She’s living in hotel to stay and everything and everyone is back in FL at home . Judge gave father “exclusive parenting time” not written on temporary order - only a general order . So many wrong judicial process . Should I ask for dismissal from judge or appeal | A:While there is a lot of information here there are some crucial details missing. Did the original court order in NY give the custodial parent permission to relocate? If not, did the custodial parent seek permission to relocate? Normally, a custodial parent does not have the right to relocate out of state without court permission, particulary if it interferes with parenting time of the non-custodial parent. As for your initial question, you can file an appeal on a temporary order and ask to stay the order pending appeal, but these things are rarely granted and the appeal can take a long time. Seek an attorney. |
Q: I want to know what I can do when it comes to a state worker that's suppose to help with a case and not doing her job. A state worker who don't do her job right and don't communicate with her client when it comes to her children. Not helping to point client the right direction in life to do better for the children. | A:If you are experiencing issues with a state worker who is not performing their job duties as required, there are several steps you can take: Contact the worker's supervisor: The first step you can take is to reach out to the worker's supervisor to report the issues you are having. Explain the situation and ask for their assistance in resolving the issue. File a complaint: Many government agencies have a process for filing complaints about state workers who are not doing their jobs properly. You can ask the supervisor or check the agency's website to find out how to file a complaint. Contact the agency's ombudsman: An ombudsman is a person who works for the government agency to help resolve issues between the agency and the public. Contacting the ombudsman can be an effective way to get assistance with resolving your issue. Seek legal advice: If the issue involves a legal matter, you may want to consider seeking legal advice from an attorney who is knowledgeable in the area of law related to your case. They may be able to provide guidance on your legal options and help you navigate the legal system. Overall, it's important to be persistent and advocate for yourself and your children. Keep detailed records of your interactions with the state worker and any attempts to resolve the issue, as this information may be helpful in resolving the issue in the future. |
Q: Hello: Cates v. Shlemovitz, et al. No.3:21-cv-00805 (N.D.N.Y. 2022) Am appealing # 23-750 2nd circuit.. Searching for the case # of the Dragnet controversy, over 4 notes (dum, da,dum,dum.) Can you help find that case? Thank you., on my own behalf. here is what I found https://library.syracuse.edu/blog/dragnet-a-musical-controversy/ | A:The case involving the "Dragnet" musical controversy was a copyright dispute over a four-note motif originally composed by Miklós Rózsa for the film "The Killers" in 1946, which was later used in the "Dragnet" theme music by Walter Schumann. The case was eventually settled in 1955, allowing both Rózsa and Schumann and their publishers to share the royalties for the four-note theme, later titled "Danger Ahead." The rest of the "Dragnet March," excluding the four-note theme, remained the intellectual property of Walter Schumann. |
Q: Am I take my domain name as like iplduty.com ?It's just example because ipl is brand and don't want to any trouble.. I think one name which I like very much and want blogging website about IPL event | A:It is not advisable to use a domain name that includes a trademarked term like IPL without permission from the trademark owner, as it may be considered trademark infringement. Even if the term is not identical to the trademark, if it is similar enough to cause confusion or association with the trademark, it may still be considered infringement. It is recommended to conduct a thorough search of existing trademarks before registering a domain name to avoid any legal issues. If you need legal assistance, please do not hesitate to contact my office. We offer a free consultation option for potential clients. |
Q: Car accident my insurance company sent this if I had something can I gift it DeclarationOfNoliabilty insurance&No asset. The insurance company sent it to me, I’m assume the document says I dont have assets. If I do can I gift it away, is their anything I can do? | A:A California attorney could advise best, but your question remains open for a week. One option is to consider discussing this with an attorney more thoroughly than is possible in the brief format of a Q & A forum. An attorney could review the terms of the insurance company's document, your liability, other side's liability (if applicable), other side's damages, your policy limits, your assets, and other possible factors to draw up the best strategy. Good luck |
Q: If I am actively trying to file a complaint with my school for violating my ADA should I continue to sign documents. I am mot sure what documents I am signing that my school is sending me while I am actively in the process of finding a lawyer to help with a violation of my ADA. Can I hold off on any further signing and would I be dropped from school for this | A:If you're in the process of filing a complaint against your school for violating the Americans with Disabilities Act (ADA) and are unsure about the documents your school is asking you to sign, it's generally advisable to refrain from signing until you fully understand their content and implications. You have the right to review and understand any documents before signing them, especially in a situation involving potential legal action. It's important to know what each document entails and how it might affect your rights or position in the complaint process. Seeking legal guidance as soon as possible is a good step. An attorney can help you understand the documents and advise you on the best course of action, ensuring that your rights under the ADA are protected. In terms of your concerns about being dropped from school for not signing the documents, this depends on the nature of the documents and the school's policies. However, if these documents are directly related to the ADA complaint, your rights under the ADA and other applicable laws should protect you from retaliatory actions such as being unjustly dropped from school. Communicate with your school about your need for time to review the documents and consult with a lawyer. Clear communication can help ensure that your rights are respected while you seek legal advice. |
Q: I have a question about copyrights and trademarks for intellectual properties.......... I have created a gpt in ai to produce images of Formula 1 race teams and various formula 1 race locations such as Las Vegas or Monte Carlo. Each image is 100% unique. These images appear to be the actual race car and location, though they are not exact matches.......... but they are close. I would like to frame these images and sell then as art. I would provide a disclaimer that these are not licensed and are not exact matches........ the gpt I created will only make an image once and will never duplicate again in the future. If i ask it to make 10 pictures.......... all ten will be different. Please let me know if this is something I would be safge in doing. Thanks, Wes | A:Hi Wes, Creating and selling images that closely resemble Formula 1 race teams and locations, even if they are unique and generated by an AI, can still raise copyright and trademark concerns. Copyright laws protect original works of authorship, including images, and trademarks protect brand identifiers, such as logos and designs associated with Formula 1 teams and locations. Even with a disclaimer stating that the images are not licensed or exact matches, you may still face legal challenges. The key issue is whether the images are sufficiently derivative of protected works or trademarks to be considered infringing. It's important to be cautious in this area, as intellectual property laws are complex and infringement can lead to legal disputes. Seeking legal advice to review the specific images and their potential infringement risks is advisable before proceeding with selling them. Remember, intellectual property rights are designed to protect creators and owners of original content, and navigating these laws requires careful consideration, especially when dealing with well-known and protected brands like Formula 1. |
Q: If my father is my “biological” father as my parents claim why did he have to legally adopt me at 5 years old?. He wasn’t on the birth certificate when I was born, they didn’t get married until I was over a year old. Wouldn’t he just needed to do a dna test to prove paternity to get legal rights? They also changed my last name to his when they did the adoption. I feel like if he is my biological father he would have only needed to do a dna test and wouldn’t have needed to do an adoption. Please help me understand. The adoption happened in 1996 and I’m in South Carolina | A:First, even if he had done a DNA test and was determined to be your father, the test result (by itself) would not be enough for your birth certificate to be changed. Your parents would still have needed to file an action to have him added to the birth certificate. It is very possible the original case was *not* an adoption, but actually a case to determine paternity and change your name. The two types of cases can look the same to non-lawyers because they involve the same issues. It is also possible that someone (perhaps his lawyer) decided pursuing an adoption, specifically, was the best option based on the facts of the case. |
Q: Hello, What should I do when employee refused to provide me a chair even with a doctor’s note? Thank you.. I am having back and shoulder pain. I have to stand for 10+ hours for my shift sometimes. | A:Your employer does not have to provide you with anything. A "Doctor's Note" never requires the Employer to do anything. Your Primary Treating PHysician on the Workers Comp MPN SHOULD WRITE that until and unless you are provided with seating you are temporarily totally disabled due to the back injury, and your attorney demands TTD payments until the employer provides a chair for sitting at the work station. If you don't have a Primary PHysician who will write this Temporary Work Restriction, it's time to get your attorney to switch you an MPN doctor who will. And if you don't have an attorney, you're never going to sit and you back will just get worse because you don't know how to find a helpful doctor on the insurer's list who will write a PR-2 requiring a chair. |
Q: How should a parent approach a daycare for neglect?. The daycare is federally funded should the parent call the police and report it and pull out the child is that a criminal offense? Does the Director and her 2nd in command get in trouble or fired or brought up on charges.. they both are responsible for feeding the child via feeding tube connected to a machine twice a day . the parent checked the history of the machine which registers the total ounces of feed within the last 72 hour and they have not feed the child in the last 36 hours but when the parent ask them they said that she has been feed twice a day .should we call the police and meet them there . Can the parent press charges for neglect the proof is in the history of the feeding machine.. the parent wants them held responsible and also what’s to make a statement that not feeding a child is neglect and has consequences.. please let me know how to go about it she don’t want them to get a way with it because they will do it to the next.child with out a doubt is if they get way | A:Start with a complaint to the police / Sherriff with jurisdiction over the daycare center. You should also make a complaint to the state agency that licences the center the Florida Department of Children and Families (DCF). https://www.myflfamilies.com/services/licensing/child-care-licensure#:~:text=Currently%2C%20DCF%20child%2Dcare%20licensing,which%20do%20not%20require%20licensure. |
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