can i press charges againist someone if i signed a lease with them and they told me they own the home and paid in advance for me and my child to stay there. Then come to find out he dont own the home and he throws me and my child. is that consider fraud
Under the PA Criminal Statutes it's Theft by Deception. You should contact the local police.
John
I am a police officer in CA and the husband of someone I cited signed a formal complaint that is being invesitgated by my department for being disrespectful, rude, conduct unbecoming, and harrasing. The complainant was not on scene that the traffic stop. I have a video/audio of the entire event. There is absolutley no merit to his complaint. This is my 8th internal affairs investigation for similar baseless complaints in the last two years and we are all tired of having to defend ourselves so we can do our jobs.
Can I sue the complainant under Section 47 of the CA Civil Code? If so, how much ? (I would give the money to a memorial fund for a friend who was killed on a traffic stop)
Thank you for your assistance.
You completely misunderstand Civil Code section 47. It actually makes it ILLEGAL for you to sue them.
The complainant's statement might well be held privileged under Section 47(b). But you have nothing to lose by taking him to small claims court for $7500.
Complaints and court filings like these do not provide grounds to sue, unless proven to be totally and knowingly false. You disagreeing with it does not make it false. If video clearly proves it to be false, then consult with your union rep or private counsel about what you can do.
What can my daughter do to get her vehicle back from a month of being impounded by local sherrifs dept. They have asked for $5,000.00 to get vehicle out they have taken one month to notify us of the price and a paralegal has done the comunicting for the sherifs office. She told us we needed to counter offer a sum of money we could afford to pay we really can not afford the large amount of 5000,00 they want to drop the impoundment. They say it is because the vehicle was involved In a buglery. My daughters charges were dropped but the guy is still in jail. The police have writen a report and paralegal said it states that the two are boyfriend girlfriend but she said the police assumed this my daughter did not even know his last name and we told them that. This did not seem to matter. She was arrested then charges dropped for burglary after offering a person she really did not know only through an aquantance a ride home ...he told her to stop car then got out she thought he was going to someones house after he disapeared she ran out of gas and was just waiting to figure out what to do when the guy reappeared. He had broken into a vehicle then tried to help push her car thats when the police happened upon them and the guy took off running and was captured hiding in a school grounds. He has been charged and my daughter was not. My problem is why is she being penalized for such a large amount of money to get her vehicle back her personal items are still in the car herpurse licence student id. She is a college student and needs her vehicle to get to classes we can not continue to drive her and this has resulted in her missing classes. She can't work without transportation it has been over a month and now the sherrifs paralegal says she has until November 11 2013 to counter offer again more money we already offered 10 percent which is too much I just cant afford it. My husband has been out of work 3 years and I recently list my job. Why is the price so high and can anything be done ...my daughter is innocent and charges were dropped. They want more money closer to the 5000,00 is what she told me this seems like a way for the police to make money . Van they sieze the vehicle grom my daughter if we vant pay to auctiom it off? I am very worried she will loose the car. Can someone help us understand. I have tried to get a police report to see exactly what officer wrote. As of yet I have not been able to get a report have been at the mercy of person contacting us about this issue.
.
You could sue the sheriff, or person detaining the vehicle, if you feel it has been improperly held. Your question however is not really a criminal law one, so I suggest you try calling a civil attorney in your area to see what can be done.
Can an adoptive parent sue Florida DCFS for conceiling the true identy of the child's biological father?
Based only on your inquiry and in the absence of information relating to special factors involved in the non-disclosure, the answer is: No. Florida adoption law grants DCFC certain
discretion in the disclosure of such confidential information.
No.
If I was receiving monthly checks from my mom's social security after she passed away when I was three and when I was sixteen went to jail and after I got out never got any of my checks again, am I entitled to still get the money I never received? I am now twenty.
Too many variables to make a recommendation. You need to contact Social Security direct.
I am on H1B status.Waiting for my priority date.My wife filed criminal case against me in India.The case is non bailable, cognitive and compoundable.I need to get my H1B and passport renewal a year after.I heard from my lawyer in India that Interpol issued Blue notice along with passport impounding and also declared international LOC.
What are my consequences for my H1B and GC processesing ? If passport is impounded will i need to go to India?
Hello - please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM
signed vehicle contract under pretense the vehicle what a program car. bought car at a dealer liquidation sale, car had been in fact wrecked and dealer representative stated he would refund the deposit and tear up contract. now, 10 days later and no car, he will not honor his word and tear up contract and refund deposit. do i have any recourse legally? it sounds like it should be covered under consumer protection. please help ASAP. thanks
It certainly sounds like a case of fraud and probably a breach of the Tennessee consumer protection act to me. I'd need to know more about what the exact representations were regarding what a "program car" was intended to be under those circumstances. That term may have acquired general usage, but I'm not certain of that. Before practicing law I was in the car business for years.
i filed a police report because a drunk person tried to come in my home trying to hit my husband so he pushed her out she then upon leaving took my and my husbands 2 year old daughter that we both have custody of and ran 2 streets over with her. my husband had to run after and retrieve her. The cops did not arrest her but sent it to the stat attorneys office and said the charge will be child custody interference how is this? and what will happen? She has no legal custody with our child and she was related by marraige only meaning her husband is my blood cousin and they have been separated for over two years. we told the cops she did not have permission to be over nor did she have permession to take our child. What charges should she have been charged with and what is the state attorney going to do about this and also what can i do?
Only the state attorney can make a charging decision so I can't answer what she "should" have been charged with. The state attorney bases their decision on all the facts provided by witnesses and the officers. What you can do is to contact the state attorney and tell them what happened.
I have been renting a house that's had leaking roof and asbestoes problems. It has been torn up since March with nothing further done to repair it. We have spiders in our house from no insulated walls and our things are scattered all over the place as a result. I have dirt falling on my head whenever I take a bath. I need help. We have been renting this dump since January.
Give your landlord notice in writing of the defects and notice that you will move if they are not corrected within a reasonable time (2 weeks?). Keep copies of everything and take photos.
Hello I have some questions regarding co-signer laws. First off who is responsible for paying the loan when you first get the loan? The co-signer or the person who the loan is for? Next question, if the co-signer is responsible for paying the loan and is unable to pay for the loan, what happens? Does the person the loan is for have to pay the loan?
In Ohio, when you first co-sign for the loan, you and the debtor are both responsible to the creditor to pay the entire loan back. If the debtor defaults, then the creditor will sue you and the debtor, and will likely get a judgment against both of you unless there is a defense to the loan. You will have a cross claim against the debtor who defaulted, and you will likely will likely win on that claim.
But there is an old saying that getting a judgment is easy, collecting on it is hard. That is why people loaning out money want solvent cosigners.
2C:29-1a
I gave them my fathers name. I thought i left my license at home. But then i remembered it was in my dash and i told the officer, i have my license and that was my fathers name the cars in his name so is the registration and insurance. I don't know if that makes a difference, but if i have a clean record what am i looking at?
from what you have stated it appears that they charged you with a criminal offense for allegedly giving a false name, specifically obstructing the function of a law enforcement officer in preforming his duties, the charge could be a 4th degree offense if you were attempting to prevent the officer from investigating a possible commission of a crime or any crime which means that the charge would be sent up to the County Prosecutors office for review, however if all you are charged with is allegedly providing a false name to avoid to a traffic summons it would be a disorderly persons offense and it would remain in the Municipal Court within the town where you were stopped. a 4th degree offense could carry up to 18 months in jail besides fines and other penalties, if you have no criminal record you would probably qualify for P T I which is a diversionary program that would allow you to potentially get the charge dismissed. It sounds like you have been issued a disorderly persons offense which also carries fines, potential jail time and/or probation. bear in mind this doesn't mean you need to plead guilty to it, you may have a defense. Initially you would obviously want to probably consult a lawyer because it is a criminal charge. I would happy to speak to you about it if you like. I never charge a fee for a consultation. (201)-894-9498. Please also bear in mind that I am only providing you with general information based on what you have posted. Again, please feel free to call if you would like to discuss the situation in more detail.
I have a stay of adjudication on an underage consumption and it says something about remain law-abiding. I got a careless driving ticket a few weeks ago and I'm wondering if that is going to make me get convicted of the drinking charge. The way I understood it from my attorney was that it would only be same or similar.
If the condition is "remain law abiding," then it's possible they will violate your probation and seek to convict you of the crime. On the other hand, it's possible that it goes unnoticed all together. The court may also have a practice of only looking for same or similar offenses. Best to retain an experienced attorney right away. Keep this new offense off your record and it may save you from an probation violation too. Good luck.
651 994 6744
[email protected]/* */
You should be discussing your concerns with your attorney as she/he should know the full facts as well as anyone. I suggest you read the terms and conditions of your present probation. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Criminal Defense Attorney, Adult - Juvenile Criminal Law, http://dwyerlawfirm.net
We have been asked by well qualified buyers to take a contract of sale on our house. The buyers are willing to put 25 to 39 percent down, and we would carry the rest in a contract at 6% for six years, with a balloon payment at the end.
Our question is not about what happens in case of default. Rather our concern is if by taking a contract, we are more liable in the event that the buyers have second thoughts, or find something wrong with the house, and stop payment. Are we more liable by taking the contract ourselves, as opposed to the buyer getting conventional financing on a first and taking us a second?
The interest income is welcomed, but we worry about additional risk of not being at arms length with the buyer. These seem to be high end, qualified buyers. He is the head of the planning commission of a large CA city. Thanks
First of all, I suggest you never sell your property with the balance to be paid by a promissory note that is unsecured. You do not mention security at all, and state that you do not care what happens in case of default, but if you are unsecured and they default, you will be forced to have to file a lawsuit, and they can subsequently sell the house while that lawsuit is pending and disappear. Only a fool would loan money on real property without security.
Second of all, if you do carry the balance of the purchase price secured by a deed of trust, you should be aware that the arrangement will fall within the ambit of the purchase money anti-deficiency protection of Code of Civil Procedure section 580b. This means that in the event of default and foreclosure, you will be limited to the property and whatever it sells for then, regardless of the manner of foreclosure that you choose. In other words, you will bear the risk of loss if the market value plummets, not the buyer.
There is nothing in the fact of seller carry back financing that makes you more liable that would distinguish it from third party financing. Your liabilities, and your duty to disclose are the same.
I disagree in part with Mr. Roach. He is correct that you do not have any more or less liability regarding the sale of the property by carrying-back the purchase money loan. You do, however, create a whole other set of legal rights and obligations as a lender that could potentially lead to liability if not handled correctly. It also creates a more complicated tax situation on your capital gains and the interest payment - not better or worse, just a layer of complexity to be dealt with. 6% is an attractive return in the current investment environment, and relatively low risk if you properly secure the debt. For that reason, combined with the stratospheric commissions on the high property values in the Bay Area, I am seeing a lot more of these private sales. In fact I have three I am handling in my San Jose office right now, and completed two others in the last three months. And, yes, that is a polite way of saying that this is not something to do without a lawyer, when you are doing it without a real estate agent and loan broker. It will still cost FAR less than the commissions to those professionals, which would mostly not be earned when you have brokered the transaction yourself, and will be money well spent given the consequences of a botched transaction.
An estate has been settled and it is time for disbursement of the proceeds. The attorney handling the estate as asked that I sign a receipt of the check with my portion of the estate PRIOR to me receiving the check. He will then send me the check. This does not seem right for me to sign I have received a check when I have not yet received it. He refuses to send the check because in the past not every one returns the signed receipt paperwork. I don't live in Washington and the estate is in Missouri. Can you advise on how I should proceed?
It sounds counter to what one would expect an attorney try advise someone to do. But, in Missouri probate practice for an heir to sign a receipt, than get the check. The reciept sort acts an acknowledgment of the amount you are to receive. The alternative is for you to travel to the attorney's office to get the check and sign the receipt simultaneously.
Good luck
Hello I need to know if there is a law in Florida that says a landlord cannot charge you for normal wear and tear of an apartment. thanks
Normal wear and tear cannot be charged. Look it up in the statutes which are available online. Chapter 83 of Florida Statutes.
My daughter is the custodial parent of a 6 year old. Her ex-husband is in the 2nd phase (of 3) of visitation, which allows him to take the child for 8 hrs unsupervised. His oldest daughter recently got married and is having another ceremony in our state, where it is illegal for same-sex marriage to take place. My daughter is not comfortable with the 6 year old attending. Does she have any right to keep him from taking her?
It will be difficult to get in front of a judge quickly regarding this matter.
Generally, Dad can do whatever he wants while he has the child in his possession unless it is dangerous or harmful to the child
I don't know what judge you would see so it would be based on whether or not the judge finds a gay commitment ceremony harmful. There are no laws in Texas regarding this matter & no case law, that I'm aware of, that addresses this issue.
My son took his ipod to a roller skating place. He gave it to one girl to use and she admits to having it and admits to one point locking it in her locker. But then she says she gave it to someone else and it got lost. My question is can I take her parents to small claims court since she was given it by my son and she gave it to someone else not back to my son?
Most attorneys will not answer this question for you, since taking someone to small claims court for doing the same thing your child did is not a good parenting lesson to teach your son.
I have joint custody and physical custody of two of my kids. I want to move out of state for better job opportunities and know my ex won't approve. i don't want to give up my kids but giving my ex custody and me getting visitation seems the only option. how do i and can i do this?
Statutorily you must give "reasonable notice" (in writing) and file a copy with the court. Reasonable is at least 30 days; 60 is better. Also, check your judgment of dissolution for a stated notice period. In the meantime, I strongly suggest that you start discussing this move with your ex with the goal of coming to some agreement on what parenting time/custody would work best for the child. If you can't agree then you will need a hearing and subsequent order. Your ex will want to file a motion for modification of custody and/or parenting time. (She will also probably ask the court for a status quo order to prevent you from moving with the children until the motion is litigated.) Alternatively, you could file the motion even if she does not want to. The point is that it is best to get a court ordered change of whatever is needed because it is probably going to be impossible to follow the existing parenting plan after you move. If you are somehow not complying with the existing parenting plan you could be held in contempt (try not to go there). Try to be as proactive as possible to get a new court order, by agreement or by hearing, so that you are not battling this out at the last minute when you need to be relocating and starting a new job.
When you are giving your notice, do I have to let my employers know where will I be working for in the future?
No, there is no requirement under the law that you tell your employer where you will be working in the future.
I am 3 years into a 15-year solar equipment/service lease agreement. The company is bankrupt and cannot provide service. Must I continue making payments?
no
If they get the date of your arrest wrong, can you get the charges dropped?
Arizona courts would more than likely consider an error in the arrest date to be a clerical error subject to amendment to the correct date.
If no will was completed, who other than surviving children can file probate on an estate?
Any interested party may file on behalf of an estate.
we've lived together for 3 years only been married 7 months. Within that short time of marriage I'm now in a horrible debt. I lost my job a few months ago and my husband doesn't want to pay for my bills. I'm thinking of divorce but I'm unsure what to do
If the debt was incurred during your marriage, it is likely a community obligation. If it was incurred before your marriage, it is likely your separate obligation. Much more information is necessary to make that determination, though. If it is a community obligation and you decide to get a divorce, the divorce will sort out who owes what. Some debts are attributed to the couple, jointly. Others may be attributable to only one of the couple. I suggest that you get a consultation from an attorney, before you make any life changing decisions.
I have a Restaurant with a partner and I would buy part of it. the attorney and got the particulary like the one that I do not speak English I did not sing any paper where he agreed that the two represent us, You can cancel the business?
As a Franchise Attorney I must ask you to repost your question. Have someone who speaks English review what you want to ask and have them help post the question. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
It may be best if you consult with an attorney who speaks your native language.
Feel free to contact my office and I will try and assist you in finding an attorney who can be a good fit.
Roman R. Fichman, Esq.
www.TheLegalist.com │ @TheLegalist
email: Info (at) TheLegalist (dot) com
t e l : 2 1 2 -- 3 3 7 -- 9 8 3 7
Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.
I filed for child support 4 years ago and he has yet to be served for a court date. Child support has and has verified ALL of his info I provided for him. He recently moved to Texas a few months ago so the process has RESTARTED. What are some alternative options I can try to expedite the process? Also when an order is established will he has to pay for the time from while I filed my case (4 yrs ago) or from the time when he's served?
Contact the child support division of the Texas Attorney General's office. Their services for child support collection are free.
They can tell you what you need to do. All that may be necessary is to advise them or the entitity in your state that collects child support of his new contact information as well as his new employer.
Good luck.
My brother and I own my deceased Mother's house. I have lived in the house for 27 years and my brother never has. I have paid all the bills, repairs, and taxes during this time. I now want to put my half into my daughters name and I plan to retire soon. What do I have to do legally to make this happen
Dear Inquirer: You may have to resort to Probate Court intervention to obtain clear title. I suggest you contact and retain an experienced Attorney to assist and advise you.
You will need to demonstrate, with documents, checks, etc. of your payments and entitlement to the real property, as opposed to any right or interest of your sibling.
Contact an Attorney ASAP. Good luck. God Bless.
Sincerely,
J. Norman Stark
Cleveland, OH
(216) 531-5310 x7100.
Email: [email protected]/* */
Hi- Can a doctor be sued if they fail to prescribe antibiotics after surgery and the patient gets sick?
Thank you for your inquiry. Yes, healthcare providers may be responsible for a failure to prescribe antibiotics if the standard of care required that they be administered, and if the failure to do so resulted in a permanent injury from an infection. If you have suffered a permanent injury due to medical negligence of this type, please feel free to call me or one of my partners at my firm. We have handled numerous claims of the nature referenced.
Is it discrimination for a Company to terminate an employee for occasionally not meeting company standards even if all employees are not?
Without more information it's impossible to say. Depends what standards, depends whether you are in a particular class of employees (women, racial minority...), depends whether others in your class are being systematically treated differently than other classes, a lot of things. So if you've been terminated you can talk to an attorney, file a complaint with the EEOC, file for unemployment, etc. But everyone will need more information than you are providing here. Sorry.
theft by unlawful taking
Hi i got arrested for theft by unlawful taking under three hundred i was wondering how long i would get for that consedering that i have already been charged with this befor plus harrasment is there any chance they wont give me more jail time since i know i have to do 90 days already??? Thanx!
Re: theft by unlawful taking
You face up to a year on the theft case, so you could possibly get that much time. Now whether or not you get that much is between you, your attorney, and the county attorney.
Does a child/children custody case have to be heard in the same county that the child/children reside in?
Generally yes.
Look on this website & on www.avvo.com for an attorney to help you.
I have my father's Will he owns 1/2 a house with his sister. the deed is 1/2 in his name. My aunt whom 6 months ago had a massive stoke unable to speak and eat(she on a feeling tube), (my cousins, her son, cant find her Will) she is in a nursing home (About 7 months)with not enough insurance. Medicaid is expressing interestin her assets (she has kids, one living in the house acting as a custodian) My father's Will states "i give,devise and bequeath a life estate in my interest in this property to my sister". he did not want me to sell as long as she (my aunt) live there (he told me this just before he died 20 years ago yesterday 2/16/1991) (next paragrath) "upon her death or her sale of the premises, i give, devise and bequeath my interest in the premises to my 3 children to shsre and share alike" 1) can i get the deed out of my father's name (his interest) into my name and 2 sisters names and 2)can we sell the house now. - New York resident and property is also in ny. thank you,
What you own is called a remainder interest. Your aunt owns a life estate in your half interest for as long as she is alive. Upon her death, you will own your father's undivided half interest in the house, and , your cousins will inherit the other half. You can have the deed changed if you wish to reflect your one-half interest. It would probably be better to wait.
The nursing home, in looking for her assets is entitled to her life estate in one-half and full ownership in the other half but are unlikely to be able to do anything since half ownership reverts to you and your sisters at the time of your aunt's eventual death. They may try to bluster you into signing paperwork. Get an attorney to represent you before signing anything.
I co-signed (primary) for a car loan for my daughter through my credit union. The car is registered in my daughter's name only. She is in default of making payments to me for payment of the loan, I have been making the payments to the credit union. What do I have to do to get the car from her and sold to payoff the balance of the loan.
See http://info.corbettlaw.net/cosign.htm
See also: http://info.corbettlaw.net/lawguru.htm
If my stepchild's father's name is shown in the birth certificate, but she was born out of wedlock, is this father identity not reasonable ascertainable?
Children are born out of wedlock on a regular basis. If a person's name is shown on the birth certificate of a child as the child's father, then that person may well be the child's father. In any event, the court will determine that the identity is reasonably ascertainable. Whether or not that person can now be located is another question, but that person will be entitled to notice of any proceeding regarding the child unless and until his paternity is disestablished.
Is there a case here? Penn Dealer advertises online price for vehicle w/32 pictures. NY customer calls and gives all personal information to get credit approved. After running credit and approval refuses to sell for the advertised price and adds $11,000 more. Claiming had a specialized package put on it. No place in the ads does it state that.
I think that sounds a little suspicious. I hope you did not sign the contract. Please contact the NYS consumer protection bureau and file a complaint against this company. Attach any proof that you may have.
I am named as an heir in my grandmother's will. I have questions regaured an IRA and life insurance policies along with some general questions. I want to speak with the lawyer who is handling these things. My father (also named excutor of will) told me he (lawyer) will not speak with me because he reps my dad. Is this true? Can the lawyer ignore me even though I am in the will? My dad is refusing to give me his info. Thank you.
The lawyer for the estate is supposed to represent the estate but in reality he represents the executor who hired him. Most lawyers will not discuss the estate with the beneficiaries, advising them to tak to the executor.
Since there obviously is something going on between you and your father, you will need to get your own probate attorney to intercede for you.
However, IRAs and life insurance proceeds are non-probate assets. They pass outside of probate to the named beneficiary. If you know that you are the named beneficiary and the identity of the administrator of the IRA or insurer, nothing stops you fom contacting them directly.
The problem will be if your grandmother designated her estate or a trust as the beneficiary. In that case, the proceeds will be paid to her estate or trust and then parceled out.
Also, with IRAs, usually taxes have not been deducted for them if they are regular, not Roth, IRAs. You will need to speal to a CPA about rolling the IRA into your own and stretching it out. You don't want to pay all the taxes in most cases at one time, but it depends on how much we are talking about.
Is it legal, as a married couple, to use cash that was found hidden by their spouse to pay electric and utility bills that are overdue?
yes it is all marital property, half yours. Contact my office for free consultation 727-446-7659.
I find this to be an odd question so I have to assume that you are a foreigner in our country. I suggest when you have time to seek out a family law attorney and ask these types of questions so that you will know what your rights are here in the U.S. Most consultations are free up to an hour and I feel that you would benefit greatly from doing this.
The answer is yes. However, I wonder if there will be repercussions from your spouse for doing so. the U.S. offers protection under injunctions for spousal abuse which ranges from yelling and degrading to physical attacks.
I have an ex-husband who pays me child support here in California. I am about to ask for a review/adjustment of the amount. Does my NEW husband's income have any affect on the new amount that will be computed? Also, does our family "net worth" have any impact on the new support payment that will be computed? I ask because we (he and myself as a family) own three properties, two of which are substantially UNDER WATER.
No, it is all about income, your new husband's income should not matter when the divorce judge uses Dissomaster to compute child support, the only income that is inputted is your income and your ex-husband's income. You can point out your situation and ask the family law judge to modify accordingly, that is, ask for more child support due to your dire situation.
The judge is not going to give you any extra child support to fund your bad investments, especially not when you are free at any time to allow them to go into foreclosure or short sell them. Things like catastrophic medical debts may be grounds for deviation from guideline support, but not poor investment debt, especially when you can get out of it. As for your new husband's income, Mr. Tuann is not entirely correct, but mostly. His income is not used to determine money available to pay child support, but it is used to determine tax bracket and other factors that have an effect on the amount of support.
If a security officer tells you that you've been verbally trespassed, does that get reported to the police when if leave and never come back?
I was walking through a public park with my cellphone browsing twitter and a creepy man was following me like he wanted something. He kept changing direction to go where I was going. I went into some trees to avoid him and he walked straight through a bush and just stopped and stared so I asked him "what's up?" "Why you following me?" He just looke at me and at the same time a security officer showed up and told us we were verbally trespassed because he knew what was going on and that we were meeting for sex (which explains why the man followed me) and told us if we came back he'd call the cops. I did nothing of the sort! Now would I!! But I walked to my car and he followed me in his truck to make sure I left. No incident report. Didn't ask for our names. Just told us we were verbally trespassed and followed me to my car. Will that be reported to the police? If he wrote my tag number down, would he wrote that the owner of that car was there doing what he claims I did BUT DID NOT?
I go there when I'm sad and thinking about the child my girlfriend aborted. It's peaceful with trees, a waterfall, a pond, and ducks to feed. I had literally just videoed the ducks and was headed back to my car when that all happened. And now I'm scared to death of getting in trouble for something I didn't do
I don't think you have anything to worry about.
My son turned 18 this month, he has been dating a girl for a year. She is 17. Her parents allow her to see my son at times and then other times threaten to have him arrested if he visits her at their home, school or if she drives to see him. Do they have any legal standing?
She is over 16, so they can't charge him with statutory rape. But I would be careful about these people. They appear irrational, and irrational people can easily fabricate a story to get him charged with some other crime, like theft, or trespassing, etc., just because they decide that day they don't like him. Unfortunate for your son, but the best advice would be to cool it off with the girl until she is 18 and/or out of her parents' house. Never underestimate crazy people and their ability to make your life miserable. If he continues seeing the girl, he should keep that in mind and be careful in his words and his actions.
I have an above ground pool I would like to put in my front yard. I am a renter. Can the landlord stop me from doing this because of her insurance agent telling her she has to purchase a million dollar clause to have the pool setup?
The terms of your lease should control whether and where you can place the pool.
My wife went to have her car serviced at a local Midas, Inc. She went in, paid for her service, had service performed on a deflated tire, and had her car back in her possession that evening. Upon coming home, she received a text from a Midas employee at that location, who openly admitted he saw her in the store and accessed the personal information she gave to the assistant manager. Upon having this employees phone number, I was shocked to see this person has multiple arrests on his record (most recently charged with assault), registered names on public sex sites, as well as a registered names on mail-order bride websites. I contacted this employee and asked if he was who he posed to be, and if he was a manager of that branch...he admitted his name and that he was not a manager. This matter is illegal within the corporate policies of Midas, however I was wondering on what/how many terms is this breach of private information illegal for the state of Pennsylvania? It is also a concern that checking information was issued to this Midas, as well as driver's license depicting residential living and mailing address. It is not comforting or safe to know that a convicted criminal has access to information and that it was information used solely for personal gain; not a legitimate work-related inquiry. What action steps can be taken?
First, you can notify the local police. Clearly, this man has invaded your privacy and has harassed you. Second, you should write a letter to the actual manager of the Midas dealership, with a copy to Midas corporate headquarters. This guy will probably lose his job, but if this is the type of person he is, Midas should know. You probably have grounds for a civil suit against Midas for invasion of privacy, but you will have to make that decision. You should consult a lawyer if anything else occurs.
the lease to my house is in my roomates name.my roomate was arrested and is still in jail.I had the electric turned on in my name since day one we rented this house.the water sewer and garbage are in my name.now my landlord says I got to be out buy tomorow because my name is not on the lease.do I have to move out?The rent is paid until February.
They cannot just force you out. They would have to evict you, at best, and they need to follow proper statutory procedure. You may have a problem longterm since you are not the lease, although the lease needs to be reviewed to see if your presence was anticipated. Seek some legal help with your paperwork.
I got a gift worth $600 from my girlfriend. After a few weeks we broke off the relationship. Can she request the gift back?
If it was a gift, the law may not require you to return it. There is nothing stopping her from asking for it, though, and there may be some question as to whether it was a gift or a loan.
I agree with Christophers response
My Dad died and he was getting a pension. So, it was went to my mom or in their joint account. My mom just died so I was wondering what happens to the pension. Does it go to the estate? My brother is being the executor, but I think he is using the money for himself and not dividing it amongst the family. Can he do that?Marty
You can petition the court to have brother removed and yourself appointed as executor. If brother has misused funds belonging to the estate he will have to pay them back to the estate.
Most pensions stop on the death of the spouse of the pensioner; contact the entity that was paying the pension to find out what happens for that particular pension. If it continued into your mother's estate, then the pension would last forever; no company could afford that.
In a total loss auto accident, not at fault, do you have to give the insurance company the title to the vehicle so the will pay the Actual cash value. I'm not wanting to sell my vechilce, I want them to pay for the damage done, in this case it is more than the value so they say the only own the Atual cash value. I've agrreed to that amount, but now they say I must give them my vehicle before they will pay. It's my vehicle and I want the value of the damage paid and I keep my property/vehicle. Now where in my contract/policy state I have to give them the title for payment. Nor does it state if I don't they can subtract value from the damages. Can they force me to give the title so I recieve the full value of damage done to my property?
I don't know what your policy says or what Alaska law says on the subject. But what you describe is standard procedure. Your car still has some value. The insurer can find a buyer for it and recoup some of what it pays you. You are not entitled both to be paid what the car was worth before the accident and to keep what it is worth now.
We have a car with my name on the title as well as my son. The car is worth less than what we owe. The loan is in my name only....what are my options as far as getting rid of the car without his signature on the title. He was admitted into a mental hospital with a mental illness warrant. He owes my tons of money so I would like to get rid of the car so that's one less thing he can leave me high and dry on.
If your son signed a durable power of attorney, have the agent sign over the car.
If not, Many of the people who are admitted into the state hospital are generally released in a few months. Once your son is released, and assuming he is no longer mentally ill, you can have him sign the car title so you can turn the car back to the seller and reduce his debt.
Another option is to apply to the probate court for a guardianship. If your son cannot be stabilized by the state hospital, then you should apply to the probate court for his guardianship.
However, you cannot be his guardian if your son owes you money so you'd have to find someone else.
I had a lease hold commercial property rented . i want to divide the property in 3 names in my family for the purpose of saving income tax. kindly suggest that a share of lease hold property can be gifted , petition before the court or any relinquishment for the purpose of income tax.
It can be gifted or deeded. No court necessary. But you should consider a trust to cover issues such as control of the property and to whom it passes after death of any of the 3.
what if you had gotten a d.u.i the year before and then you get a ticket for drinking in public, but the person is not 21 yet. can he or she get their license suspended again?
Yes, for violation of probation, if the judge decides that.
My husband has been in jail sense November and he was jus offered time served. Now he has an open case in broward county florida. I just wanted to know if he took the time served how much time would he have to do if he already scored out to 32 months?
Your question is impossible to answer without more information. Call an attorney in Broward and give them more details and they should be able to help you.
Can a Judges decree or ruling be overturned in a divorce proceeding?
It can be appealed.
In the state of california, county of san diego can you obtain a continuance on a hearing date for a temporary restraining order?
The respondent has a right to a continuance. The petitioner can ask for a continuance but the restraining order will probably not be in effect for the interim time.
You are not clear as to whether there is in effect a temporary restraining order, and a party wants to continue the hearing that has been set to see if the restraining order should continue to be in effect or not. If that is the case, the restraining order would continue to be in effect until the actual hearing. If there is no order, and someone is seeking an ex parte restraining order, that is not going to be continued.
BARRY BESSER
www.besserlaw.com
If I let a person with a DUI and revoked license dive my car am I at any risk for getting into trouble?
Yes. It is illegal to let someone drive without a license. The penalty is the same as the one he would face if caught.
I'd like to move in with my mother but my dad won't let it happen. My mom is more than willing to let me move in with her since I have two years before I graduate from high school. The problem is that my dad absolutely, positively will not let it happen. School's about to start and I'd like to get registered where my mom is at as soon as possible. My dad won't let me move into my mother's house due to the fact he receives money from the Missouri government because of my sisters and I. I'm not happy whatsoever at my dads but my sisters want to stay with him. For me, it just seems a lot more homely at my moms since I move around almost each year or two. I'm determined to move in with her ASAP. Help?
If you are sixteen, you and your mother can file a Motion to Modify Custody. If you're not yet sixteen, your mother can still file the Motion, and you can tell the judge/commissioner that you want to give testimony.
Good luck
Did you have a guardian ad litem? if so meet with him/her.
My husband and I own two homes and recently separated. I"m living in one of the homes and he is living in the other. I visited my husband and found him with another woman in our home. In an attempt the confront the woman my husband held me. I struggled to get out of his arm and when he released me I fell down the stairs and broke my shoulder, foot and received stitches in my face. Can I sue my husband for my injuries and pain and soffering?
yes
I am very sorry to hear about your situation.
You have a variety of options here, and may choose to use some or all of them. First, if your husband is posing a real and imminent physical threat to your safety, you might consider seeking a restraining order against him.
You might obviously also want to think about commencing divorce proceedings against him. In the course of any divorce proceedings, you could seek all appropriate abuse prevention orders.
You may also bring a claim for personal injuries against your husband.
Our firm handles family law, personal injury, and domestic violence issues, and may be able to assist or advise you on all fronts. Give us a call at 617-357-4898 and best of luck.
Sorry for your troubles. This sounds like adding injury to insult. If I were in your shoes, I would have been pretty upset by all of this.
As far as the suit against your husband, it's important to understand that there is a distinction between liability - the responsibility for your injuries, and the ability to collect on a judgment.
As far as the claim for personal injuries against your husband, the party you would really be pursuing would be the premises liability carrier for the property, though you would sue your husband - or ex husband, and the insurer would need to defend him.
From your facts, it does not sound like your husband INTENDED to hurt you - in fact, it sounds like he was intending to prevent you from hurting this other woman (an impulse I think is almost universally understandable).
As such, the negligence, or liability features of the policy should apply, if your husband is covered by the policy. (Insurance, for probably obvious reasons, does not cover intentional acts.)
Whether or not you divorce your husband, you may be able to pursue him, and thereby make a claim against the insurance policy covering the property. ...of course, the insurance company will only be responsible up to the limits of liability on that policy.
While you may choose to divorce your husband as a result of these injuries, and the upsetting events giving rise to them - I would encourage you NOT to use the same attorney for both the divorce, and the personal injury issues. Most personal injury attorneys (myself included) will work for a portion of any recovery, while divorce attorneys are ethically prohibited from doing this, and need to be paid hourly.
My name, below contains a link to my web site, if you would like to look at it. My contact information is also there.
Jonas Jacobson
You can sue him, but that would probably be taken into consideration in the property division of the divorce action. You probably want to discuss this with your divorce lawyer. Best luck. JBS
can i be sued for being unable to continue payments to my resort? i made a payment of twenty dollars recently. i am being threatened by the resort for the total balance,late fees ,and membership.
one can always be sued..and if you have a contract, they should win..so call us or any lawyer to review the documents and advise you. Negotiation is normally helpful but don't commit to what you cannot do..good luck
In a traffic accident the insurance company is suing for x amount of dollars for their insured incurred. do they have to bring a medical expert during the trial proving the amount of medical neccessity for the amount they paid out or is it enough just to prove that they paid out the amount?
Sorry, I would need more information to answer that question.
There are some situations where the answer is no, there are some where the answer is yes. Although I could answer hypothetically the numerous potential situations, it would make more sense to clarify the question,.
If you are being sued, you need a lawyer to defend you.
Call me, and I will assist.
Robert Davies, Attorney
201 820 3460
If the action is against you by an insurance company to recover money the paid to their insured, this is called subrogation . The insurance company must prove the amounts paid were reasonable and why. For example, if they paid for repairs to an auto, they have to prove what was repaired and why. The costs must be reasonable. This is true of medical bills or payments for injuries as well.
If a package is delivered to my apartment and its the wrong address can I open it?
No.
i recently got a bill from my dental office where i had some work done in august of 2007. i was told that my dental ppo insurance would cover the work done but i had a copay of about 150.00 and it was paid on the day of service. now they are saying that i owe almost 700.00 because the insurance didnt pay for all of it. my question is can they still bill me since the service was more than 4 years ago. i called them and asked why am i only getting the bill now and they said that they had computer billing issues or their biller was not doing their work properly.
Well, it's not quite four years. It depends how your insurance is set up. Why don't you check with your insurance carrier, and see what the carrier has to say about your obligation before you even talk with the dentist's office about the bill.
August 2007 is not over four years ago. So, yes, they can come after you for it. Mr. Cohen is correct, however, that you should try to double check with the insurance company about it and see if there was some mistake. Also, if it was work you would not have had done if it was not covered, and they represented to you that it was covered, you can probably negotiate a settlement with the dentist based on their misrepresentation about coverage.
I was leaving in this house since 2008 on the second floor. In 2009 new neighbor came to live on the 3rd floor. We signed the lease for 1st year and after that we did not sign any paper or renwed our lease. In 2010 our neighbor had a kid which is good. but after one year the kid and the mother start making an awful noise. I had to call the police and talk to the landlord for many times. I asked the landlord to have them switch the Apt with us so we can leave in peace but he didn't like the idea. I am living under a huge stress from these disrespect-able neighbor. Is there any suggestion beside leaving the house? Can I force my landlord to oblige these neighbor to switch apartment so I can live ont the 3rd floor since they have a kid??
I would start by contacting the local health department and see if they will issue a citation to the Landlord for the noise. They will have to come to the building. You can file a complaint against your landlord for nuisance for the noise created by the tenant on the third floor and seek to escrow your rent. You can seek a reduction in your rent in court or credit until the Landlord provides proper sound insulation between the floors.
From my experience, the Landlord will become less than thrilled with you and will become somewhat difficult to work. If the stress is a problem now if you make your landlord angry things will just become more stressful, However, I would suggest you look for a new apartment and once you find one, give your Landlord 30 days notice and move.
Good Luck
how old does the child have to be, to say no I dont want to visit you this?
The short answer is 18.
If there are grounds to modify the current court order then you need to talk to an experienced family law attorney in your area. Only after meeting with you and discussing your particular situation could an attorney advise you. If something "dangerous" is going on at the other parent's home then the judge will modify the current court order. But just because a child does not want to go over there is not grounds to modify the current court order.
Look on this website and on www.avvo.com for an attorney to help you.
Good luck!
www.familylaw4u.com
I have been served with a petition in probate court to remove my lien (the lien is a promissory note secured by a deed of trust) on a property, which is apart of the probate estate. Is there a deadline to file a response and if so, what is the deadline before the hearing which is on 2/21/12. The probate has been pending and this is my first naming as a party. Do I have a right to disqualify the judge under 170.6 even though the probate has been pending for a few years. Thank you.
The deadline is going to depend on the exact nature of the papers you have been served. Is this a motion in probate court, or is it an actual lawsuit filed in the name of the estate to quiet title?
You can object to the judge but why? You will just get another judge who probably knows little about probate. Have you filed a claim against the estate, is your deed of trust filed with the Recorder's Office? You need to speak with an attorney who knows probate law and some real estate law to see whether you lien can be successfully attacked or not.
how to oppose demurrer to unlawful detainer by a subtenant
the 3day notice says 1225 per month and the tenant made one payment of 1300
You give us no facts to even guess at an answer. We do not even know if your zip code is in a rent control area.
hello I am wanting to adopt my 12 year old step daughter her mother is sending a notorazied letter stating she is giving up her rights to me and the 12 year old wants me to adopt her I have been in her life for 12 years and her father and I are divorced so what should I do when that paper comes to me thank you
You need more than a notarized letter. Use of a lawyer is recommended.
can a reposseion company enter my property if i have a no trespassing sign posted
The company will enter your property, or enter the property with a law enforcement
agent if it has a legal order granting right of repossession.
If i am convicted of a 2nd dui in Va within 3 years and am given the mandatory sentence, do i have to serve the 20 days from the conviction date concurrently, or can i serve them on weekends or under work release? I am a teacher and if i have to serve them concurrently from the .conviction date i would lose my job because i would not be out of jail in time for the semester.
Normally it would be up to the sentencing judge but you (or your lawyer) must
request it at the time of sentencing. (Also would need to clear it first with the prosecutor to ensure they have no objection.)
My MIL just retired and is a US permanent resident from the UK. She owns a house in California which she rents out to college students. She wants to move back to the UK for good, but was told her property taxes would skyrocket if she did so. She's considering selling the house (and losing the associated rental income). She sold her other property to finance the initial move and told us she wanted to hold onto this property as an inheritance for her 3 children.
Would a living or family trust be a good way to keep her taxes the same as they are now so she can avoid selling the property? Her 2 sons both still live in the state.
Your MIL is misinformed. There is no California law that taxes non-resident owners differently than resident owners on real property taxes. Some states have such provisions, usually states with large numbers of vacation homes, such as Hawaii. California does not do that. If she uses a property management company, they would have to start withholding 7% of her rental income if she leaves the state, sort of like income tax withholding on a pay check. Also, if she were to simply deed the property to the three children now, there would be seriously higher taxes once THEY went to sell the property. Those are the only things I can think of that her misinformation might be based on. Taxation aside, however, an inter vivos trust is a great idea 99.99% of the time when dealing with real estate you want to leave to your children. It is VERY tax-favored once you pass away.
If a California Corporation changes its name and amends the articles, do I have to reissue the private stock or does the fictitious name filing cover?
Corporations Code section 422 seems to address this issue, and makes the reissuance of share certificates optional. Corporate reliance upon fancy, engraved stock certificates is decreasing; they key these days seems to be keeping a good record in the corporate secretary's record books. Nevertheless, I personally prefer following the CC 422 option, and recalling and re-issuing all the outstanding stock certificates with new ones showing all the current and correct information, including the corporate name.
By the way, the fictitious business name filing has little to do with the corporation's stock.
Trade school quoted price course, gave I'd no. And paid my sow payment and I was ready to go online and start course then another office rescinded the verbal agreement. Can I go with the first agreemen?
I don't understand what you mean by:
"price course"
"gave I'd no"
"sow payment"
Also, what do you mean by "first agreement?" It sounds as though you might mean "first quotation" but a price quotation isn't an agreement, it's at most an offer.
Please restate your question in clearer terms.
I live in Virginia, my ex fiance is incarcerated in federal prison, what is the legal way for his property to be picked up. I called family and to no avail, What can I do?
You have failed to clarify in your question relevant facts regarding
the situation described, beginning with where is this property (presumably personal) located and who has possession of it and what relation(if any) are they to this federal prison inmate?
my ex has a capias from 2008 for not showing for a contempt hearing for not paying child support, the courts just sent me new info regarding serving him again he owes me over 30,000, i live in mass. what will happen when we go to court
He will have to explain to the Court why he has not paid you and will be required to make some payment plan.
After 25 years of marriage have you heard one of the clients having to do a deposition with both attorneys and what is the reason for the deposition I thought that's why you pay a attorney is to handle all matters.
Thank you
Teresa my heart is broken
Attorneys cannot testify. Discovery is to find out what evidence and testimony the other side has or could present. A deposition is for one attorney to ask the other party what their testimony would be if it goes to trial, and other information necessary for the attorney to prepare for trial. The attorney for the person being deposed cannot give that testimony, the party must. The attorney for the person being deposed is there to object to legally improper questions, and otherwise protect the interests of their client. It is all very standard and common practice.
Teresa
Mr. McCormick's answer is very complete. However, your deep sorrow and grief may need the attention of a skilled therapist to help you get through this period in your life. Best to you.
I bought a "glass" ring at an estate sale last year for $100. I was visiting my mother in New York. I appraised my own jewelry Mlast week and the appraiser says that not only is the glass a diamond, it's perfect and worth over $85,000. Do I need to worry about the difference between it's worth and what I paid? The man holding the sale asked me what I thought it was worth and I said $80. He worked me up to $100.
Only if you sell it. You'll be responsible to pay Capital Gains tax on your profit.
Q. Do I need to worry about the difference between it's worth and what I paid?
A. If you are concerned about the person that sold you the ring, the answer is no. You have proper title and possession of the ring.
Mike.
I recently found out that my cousin had a bench warrant out on her for failure to appear in court/pay fines on a misdemeanor shoplifting charge (she claimed she didn't have to go because the national retailer dropped the charges). Earlier in the week, I called the local police department and told them where she would be and about the bench warrant. I also gave them my name. That day, she was arrested for the bench warrant. Another relative posted her bail and she is now back home. This has caused major turmoil in my family. A few people think I did it. To try to keep the peace, I denied making the call. I have now heard that my cousin has hired a lawyer and that they are waiting on her "police report" and claim that the report will have my name and phone number on it and she will sue me. I did not make any false allegations. I simply called the police, said where she was, that's it. Does such a "police report" exist? Can I really be sued for calling the tip line? Even though I gave my name, wouldn't my identity be protected as a source?
As long as you did not provide any false information then you will not be liable for any kind of civil suit brought against you by your cousin. Usually, the identity of those who provide tips are kept secret and protected for obvious reasons. I do not think you have anything to worry about.
I hope this has helped and I wish you all the best.
I live in the state of IL. I want to know if I marry someone who pays child support will I have to pay also.
Your boyfriend's child support is figured against his net after-tax income. His spouse's income is not considered in 99% of the cases and if considered, it is only considered to the extent that spouse may be able to contribute to living expenses of the person responsible for paying child support. This is usually in a case where the payor is trying to pay less than the normal amount of support. Your income cannot be considered in the setting of support.
I had a small web based business which was closed back in 2007. I stated a different web based business again in 2009. I kept the original web domain name and still using it. Can I be held liable for any past dues from the previous company? Only link is the domain name but as far as I know, a domain name is not a legal entity. Thank you.
-Sam
The answer is maybe and depends whether the old entity and the new entity are owned by the same peoplem engage in the same business and have the same assets. For a more definitive answer an examination of the debt and the reasons for dissolution needs to be made.
Please contact my office at your earliest convenience if you need assistance in this matter.
Roman R. Fichman, Esq.
www.TheLegalists.com │ @TheLegalist
email: Info (@) TheLegalists (dot) com
t e l : 2 1 2 -- 3 3 7 -- 9 8 3 7
Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. No intention exists to create an attorney-client relationship or any other special relationship or privilege through this post. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.
montly bills if spouse is not benifciary
does the rest of the estate have responsibilities?
Re: montly bills if spouse is not benifciary
Need more information
HARRASSED ME AND WALKED AWAY!!!
I took to small claims ($200.00.-)a CONTRACTOR of mine (I own a cleaning business) because this person called my cellphone business 63 times in a row during a period of 2 and half hour which resultted on: clogging up my line (for me to take care of my other customers calling during the busiest season (Jul-Aug) and MORE important: I had to up-grade my plan w/my cellph company because of the excess of my min plan. Now I have a 1 year contract for 22$ more everymonth than before. She called me this much to inquire AGAIN about her check which I mailed it on a FRI (as stipulated on contract) and she became crazy on the next TUE (3 days later) to question about it since she didn't get it yet AND I ANSWERED that I mailed and she should get it in any moment. No, she starting calling me and when I answered each time she hungs up. Why I answered you will think: it is because if I let my cellph ring (this case her) and my CUSTOMERS would call at the same moment, for my customers will go automatically to my voice mail (which I KNOW for experience THEY will go to another provider right away IF not answered) so, by answering to this stalker at least I could hear perhaps a "waiting call" from my customers. I took proof of my cellph bill -how she rang up my min- I also called the police after 2 and half hour of her calling me that TUE and ONLY then after police called her, she stoped calling me. She told the judge "she was desperate" that's why she called me that much and "she should'nt pay nothing". She also brought "as evidence" the envelop where her check was mailed (BUT that litle print date on envelope from the Post Office is JUST a date when they PROCESS, it doesn't mean it is the DATE WHEN you sent) For me, it wouldn't matter WHEN she got her check, it is the FACT of how she caused me loss of money and I should be entitled to since SHE WAS HARRASSING ME AND ALSO NO DEBT COLLECTOR SHOULD CALL THAT MUCH EITHER. The Judge here didn't see it that way, I guess, she didn't say WHY just found the case for the defendant. Pls, Judge Mathis: do you also think I didn't have a case? IT IS UNBELIAVABLE FOR ME TO THINK THAT SOMEONE CAN CALL 63 TIMES AND WALK AWAY. Thanks for your input. Jenny
If you were in Justice Court, you have ten days to file an appeal (and take it to County Court at Law). You should consider doing so.
I have a felony on my record. I wasn't arrested but the police took down my information but I never received anything about court. It's a few years later and I've graduated college and currently looking for a job. The felony status is closed. Is getting it expunge the only way to remove it off my record?
yes
Yes, that is the only way.
A few months ago, our contractor finished our "kitchen bump-out". We received a bill today for an extra $5000 which exceeded the budget in the contract. The contractor claims this is "fair settlement". We are surprised by the additional charges. Can they just tack charges on like that? We live in MA? Should we have a lawyer review? We do not have extra cash to pay this unexpected and non-negotiated payment. I feel that this might not be legal or fair but don't know how to proceed.
It is really hard to say without reviewing your contract and having a better understanding of the scope of the work. Typically, if the contractor is going to exceed their budget, the parties will agree to a 'change order' or have some discussion that additional costs are required before they are incurred. When you say the project was finished, did you get an e-mail or telephone call, or final sign off of some kind from the contractor indicating that the project was complete? The fact that your contractor called this a 'fair settlement' makes me think there is more going on here.
If true, the fact that you got this additional $5,000.00 bill months after the project was finished is certainly very suspect, and you may want to speak to a lawyer about your options and know the consequences before you decide one way or another.
I agree whole-heartedly with my colleague, Christopher Vaughn-Martel; the only additional piece of information I would add is the following:
The Massachusetts Home Improvement Contractor Act gives consumers significant rights in any residential contracting situation. There are strict requirements on the actual contract, and the actions of the contractor; violations of the Act can be construed as violations of the Consumer Protection Act (c.93a). It appears from your brief rendition, that you may not only have defenses to whatever claim the contractor attempts to pursue, but you may also have counterclaims. I suggest you contact an attorney that regularly works within this residential contracting space without delay.
[email protected]/* */
I have an online account with an online store (codecanyon.net) This is a depository of programming scripts you can purchase and use on your websites. To purchase you have an account which you transfer money to in standard sums, $20, $100, etc. If you don't use the money in one years time they confiscate it and set your account to zero balance, is this legal to do?
Well, first of all, the answer to legal questions like this will generally depend upon the state law of the state specified in your contract, if any, under the laws of which the contract will be construed and governed. It may be illegal in a few states, but I think is legal in California and most other states.
The, of course, the second factor to be considered is whether the contract actually contains a provision for the deposited funds to accrue to the online store if not used. The store can't just make stuff like this up out of thin air.
So, in order for you to be entitled to a refund, the provision has to be lawful in the state under whose laws the contract will be interpreted, and it has to be a term of the contract. Absent either factor, you'd be entitled to a refund.
Sorry, I garbled my logic in the last paragraph. What I meant to say is for you NOT to be entitled to a refund or continued credit, the policy calling for your balance to be zeroed out has to be (a) legal in the state whose law applies, and (b) set forth in the contract.
My dog got off the lead in my neighborhood. I was running after her. She darted in front of a car and was hit. Fortunately, the dog was not seriously hurt. A vet visit and an x ray confirmed she had no internal injuries. The driver wants me to pay or the damage to her ground effect (plastic bumper on her Prius). My insurance agent said I have no insurance for such a claim. What is my legal responsibility?
From the facts you described, it sounds like you might be liable for the damage to the car. However, it is rare that a dog hits a car. Therefore, it is odd thaat the woman wants to geet paid for hitting your dog. The facts will determine liability. You might look at your insurance again. Your agent may be wrong about your coverage. If you have homeowners coverage, it may be cheap to add $5,000 in general liability coverage.
Good luck
I am a 17 yr old female in Maryland,i turn 18 in a month and a half. my mom and I are not getting along, I havn been staying with my boyfriend who is older and on probation, I know our relationship is not illegal but if I do decide to leave is there any recourse that my mom could use to make me come back home, and cause problems for my boyfriend?
You are under the legal custody of your mother until you turn 18, but in view of the proximity of your birthday, it probably wouldn't be worthwhile for her to take court action to require you to come home for such a short period of time.
Is it legal for an on line magazine to photograph and publish a minor without both parent's permission?
no. call me to discuss this.
I owe several thousand dollars in back support to my ex-wife. She never has received any assistance from welfare etc.. The back support is to her only. No other parties are named in our court actions.
My ex-wife is suffering from an illness and looks to be about near death.
If my ex-wife dies do I owe the funds or does the debt die with her?
You owe it to her estate, with interest.
You will owe the funds to her estate with interest accruing from the time that the debt was incurred.
My ex hasn't refinanced the marital property as per our divorce agreement, now the mortgage is in default due to 6 months of non payment. The judge gave him 30 days to refinance and now he wants to do a deed in lieu. Is that better than foreclosure? What about the equity he owed me from the previous divorce agreement, is he still obligated to pay that?
you must get a good lawyer and fight him.
Before you do anything, please talk to a divorce attorney in your area.
This is serious. These legal issues will affect you and your family for many years.
You may cause great harm to yourself and your children, and may lose a lot of money, if you do the wrong thing.
If you are in New Jersey, please contact me.
Robert Davies, Esq.
201 820 3460
I was given a temporary child protective order. I was wondering if this could lead into charges or possibly serve jail time for it
You can read the order, it may give you some hints. There will be a hearing very shortly (the date is in the order.) You must attend the hearing to avoid the requested order from being permanent.
These are potentially very serious matters, and you should consider the assistance of an attorney.
Can my ex wife get an increase in child support because i get remarried?
Not if that is the sole reason.
that by itself is not a reason. Contact my office for free consultation 727-446-7659
My ex-wife has listed her new husband as the father on all of my daughter's medical documents. When I asked to get copies of my daughter's records, I had to provide her birth certificate, my driver's license, and also our divorce decree. I have not had any issues with receiving medical documents. The issue now is that I have noticed that my daughter's most recent ER visit paperwork states that my ex's new husband told the doctor's my daughter was his offspring (documented in daughter's record), and he also signed documentation stating his relationship to patient was father. Our Consent Order states that the designation of mom/dad and any variation of those two words, other than with step preceding, was not allowed. My question is.... should I be going after my ex's husband for impersonation, going after my ex for listing him in the slot I should be, or both of them?
There is no such thing as going after someone for impersonation, so the answer to that is "no."
You should be sitting in your lawyer's office (this is NOT a pro se project) to analyze the decree, and the documents you have and determine if a contempt versus your ex is appropriate.
Agreed with Mr. Ashman. You need a lawyer to look over your decree. I would focus on your lack of access to medical records not the labels being used.
I put in my 2 weeks notice at my job yesterday and they called me this morning and told me not to bother coming in for any more of my shifts. I need these wages. Have they essentially fired me? Would this be considered retaliatory firing? I am in Kansas.
Unless you are working under an employment contract, an employer is not required to give you anymore hours after you give notice.
Good luck on your new job.
I live in California, my wife and I have been seperated for 7 months. She now wants a divorce. My question is regarding spousal support. She makes $35k per year and I have been unemployed since Oct 2011 and only make $23,400.00 on unemployment. Will she be awarded spousal support as I have been out of work for 15 months? Before i lost my job I wa making $45k yearly
Determining whether to award spousal support and if so how much is a complex analysis requiring the court to address something like 45 different statutory factors. One of the key ones is length of marriage, which you don't even mention. It sounds, however, pretty unlikely that you would be ordered to pay support at this time, although the court might be persuaded to retain jurisdiction to award support if and when you get a job, and order that you report to the court on your efforts to find one. That is more likely if you have children and child support will be an issue as well as spousal.
