What does NBR by DC mean after a person's initial court appearance?
Hello. 'Nbr' may be an abbreviation for 'number'. 'Dc' may mean 'district court'.
Tricia Dwyer Esq
Ph: 612-296-9666
Tricia Dwyer Esq & Assoc PLLC
Minnesota Criminal Defense
"No Bail Required" and "District Court."
I accidently grabbed the wrong black purse when leaving the nightclub with my friend. the next day i realized it and returned it. apparantly everything was in there but a credit card was missing. I have no clue. now my friend and I are being charged with larceny theft. I am innocent have no clue about a credit card. what are my options? one attorney said trial prove innocense. a lot of money to prove that. Is it agains the law to accidently grab something that was not yours but returned it the next day?
It is definitely not against the law to accidentally do what you did. It would only be illegal if you had the intent to steal something. It would also be illegal if you stole the credit card after you accidentally grabbed the purse and this could be what the prosecutor's office may be thinking. I'm glad to see you talked to an attorney because I can tell you that they are correct. It's not up to you to prove your innocence, however, you don't want the full power that the state has to come down on you for something you didn't do. Prosecutors are very powerful and effective at convincing juries of guilt and without an attorney on your side, your chances are slim. If you can't afford an attorney then at least you have the option of a public defender.
When a document has been filed with a county and it has been recorded into the database it is public information, right? So you can go to the recorders anytime and look up certain documents like title to property, liens, etc. Once a document had been recorded, someone just cannot delete that document and replace it with another can they? Then there would not be a record of the document that was deleted. Aren't the recorders supposed to keep all files recorded? If there was to be a change don't delete it, just enter the new information and date it right? That way everything ever recorded is on file. Any opinions? Thank you
This is pretty much accurate. The documents on record are available to the public for inspection and copies can be purchased. On rare occasions, a court may order the recorder to physically expunge something from the record, or the recorder may re-index a document that was indexed incorrectly, but except when the Hall of Records burns to the ground, as used to happen occasionally, the records are permanent.
I would caution about making firm conclusions about matters such as property ownership and the like based upon what you find in the recorder's records. First, searching records is a skill, and unless you are a seasoned title examiner, mistakes are rather possible. Also, many matters affecting title and so forth won't be in the record -- unrecorded deeds, pro tanto interests of a spouse, equitable interests, and so on.
Also, "title to property" is not a document you can look up, like title to an automobile is a document issued by the DMV. Sure, you can look up the most-recent deed to 123 Main St., but the deed and "title" are separate concepts and the deed, good as it looks, may not tell you what a full title search would; and further, the full title search is not necessarily the last word on the subject.
I agree completely with Mr. Whipple. The possibility of mistakes in title searches and unrecorded interests is why title insurance companies make money.
The records are permanent. A matter is only corrected or cleared by recordation of a subsequent document that relates to the earlier document.
Can a police officer charge me with a MISDEMEANOR for a violation that is actually an INFRACTION?
I was "skateboarding in a roadway", the violation of which results in an infraction according to Burbank municipal code.
It was on a hill, but I was not speeding or blowing through any intersections. In fact when the officer stopped me I safely slowed down and pulled over.
my pretrial is this Friday.
It is not the Officer who charges you- it is the DA.
If the DA wrongly charged you with a misdemeanor your lawyer (and you should have a lawyer if it is a misdemeanor) should point out the error to the court and it will be reduced to an infraction.
I have worked for a company for 13 years and saw a position posted within that I was interested in. I applied and a short time later the nursing director responsible for hiring came to me saying she owed me an apology because I was more than qualified for the position, but someone else (a 5 year employee) had stepped in and started doing the job so she felt it would be a slap in the face not to give it to her. Do I have to swallow this bitter pill or is there anything I can do? I went to HR Director who agreed it was handled wrong, but did nothing.
Handled wrong vs. illegal are two different things. Unfortunately, unless you can show that the hiring was discriminatory, based on a protected class (race, age, gender, religion, disability, national origin), then the act was legal.
The initial thought is that age discrimination might have happened..but you stated that they gave the job to the other person because she/he essentially took the initiative and started doing the work and proved that she/he could do it.
I recommend you see an employment attorney if you still feel slighted but a lawsuit is an uphill battle with these facts.
I was fired from my job for "Gross Misconduct" ie: made a mistake that lost my employer 4 hours of productivity. I have never been in trouble at work for anything, I haven't had written or verbal warnings and no attendance problems and I wasn't on a probation period. Can I collect unemployement?
If you were fired for cause, probnbly not. However you may have the makings of an appeal. Consult with a specialist in the field.
A 14 year old boy who lives in Maryland has lived with his mom for the past 6 months even though his dad has full custody because the dad got incarcerated for repeat DUI. Now that the dad is back out he wants the 14 yr old boy to live with him again but the 14 year old boy does not want to go back to his dad and wants to stay with his mom as he feels most comfortable there. The mom has filed for a child custody hearing. Is there anything the 14 year old boy can tell the court so that this matter is decided in the boy's favor and not the dad's?
Usually the judge will have a private conversation with a child of this age, at which time he can express his feelings to the judge. This is done outside the presence of the parents or their lawyers so the child doesn't feel pressured to say what he thinks his parents want to hear, and to avoid any later repercussions. The judge isn't bound to follow the boy's wishes, but they will be strongly considered.
It is inappropriate to tell a witness what to say, but based on the child's maturity level, that court may be willing to allow him to testify and may want to hear from him.
What follow-up treatment is the father doing and how many DUI has the father had in the past? Most do not do jail time for an initial infraction. Fitness of the father as a parent is certainly a compelling issue to present to the court as well.
What is the penalty for possession of a controlled substance with priors
Potentially jail. It may be possible to get you into some type of diversion- depending on your past record or rehab. You need an attorney- especially if you are in Ventura County. Call me with any questions. I practice in Ventura County.
Andy Roberts
(818) 597-0633
I want to find out if I have a case against my soon to be ex spouse. He had an extra marital affair in the marriage while i was pregnant which resulted in me contracting chylamydia from it. I want to find out can I sue him for that? He is also knowingly infecting other women with hpv in which he was diagnosed with this disease in 2006.
You don't have a cause of action against him for cheating on you.; However you may have a personal injury action against him for knowingly infecting you with chylamydia. This can be asserted in your divorce acton. Consult your divorce attorney.
My wife and I were married in January and now want a divorce for irretrievable breakdown. She is a US (NY) citizen, I'm a UK citizen, we were married in NY. What is the cheapest, quickest and easiest way for us to divorce? We have no assets we need to divide and have both agreed to divorce. I know the NY state website has forms for uncontested divorce however we need different ones as it is an international divorce. Any advice would be appreciated, thanks!
An uncontested divorce in New York is quite easy and not expensive. However, one of you must be a New York resident.
Same forms. But they are not as easy as you think. Our law firm can handle the entire process for just $695, court fees included. And you don't need to be here. Http://www.nycdivorcecenter.com
My husband refuses to work and does not support our two children. It has been years since he contributed any significant amount of money. Our children are 12 and 17. Do we have any legal rights or courses of action?
In your question you did not indicate if you and your husband and the father of the children were still living together. If you are not living together, you should consider filing for a divorce or legal separation and seeking a support order for the children. You may also consider applying for public assistance, if you yourself are not working or you are underemployed, which will trigger the filing of a child support claim against the children's father. While the support order will not "force" your husband to work, it will result in a judgment with on-going support requirement and the accrual of interests on any outstanding child support arrears.
Ms. Macklin is basically correct. The legal system leaves it to the couple to deal with family finances and support as long as the couple is together. Only once you separate and file for legal separation or divorce will the legal system get involved in whether a person supports their family or not. Once a divorce is filed, they still cannot make a man work, but the courts do have the power either to issue a find work order - requiring the person to either find work or show specific efforts toward finding work - or to impute income - meaning that the person will be ordered to pay support based on what they could be earning if they choose not to actually find work.
The SPCA and police served a warrant on me that I now know is based on a deposition that contained false information, what can I do about this? No charges were filed but they seized some of my property. Do I have legal recourse against the person/s who made the false depositions?
No. All testimony in court related proceedings is immune from legal action. You can seek return of seized property by motion to the court.
countersuit
We are being sued in New Mexico, law suits are false , We have pretty good evidence to support our case(including private investigator) what can we do about these lies, other than civil?
Re: countersuit
I've always found a punch in the nose to be pretty effective, but of course as a lawyer I would never advise you to do that.
Otherwise, I don't think there is a criminal remedy for filing a law suit containing false claims. What's wrong with civil?
what has legal prferance, a trust o a will made out after the trust is created?
if everything is in the trust and all assets havebeen properly transfered then the will has no effect now ususally you have a will after a trust is drawn inorder to catch any asset that the trust hasnt I hope this makes sense
My daughter is an employee of a local gym. One of the gym's customers have been harassing her by following her around the gym and even out to her car. The harassment also includes inappropriate touching and unwanted advances. She has informed the owner of the gym but he refuses to do anything due to fear of a lawsuit from the customer. What rights does she have as an employee that is being harassed by a customer and not her employer?
Advise the police and let her employer know that he should also be concerned about law suits from employees.
She should first look for a new job, and call the police the next time she is inappropriately touched. Otherwise, a claim against a small business with probably few employees, for conduct by a customer, would be difficult at best. The bottom line question is usually whether she really wants to turn this into a legal action against the employer, spend time and money, and the hassle, and look for a new job anyway? If the answer is no, then it goes back to getting out of there and finding a new job, and calling the police when necessary.
I am resubmitting my question due to the wrong email address the first time.
I am the executor of my friends will. She left me all of her belongings including the rights to her art work. She does not owe anyone any money nor did she own anything at the time of her death. How do I secure the rights to her art work? Do I need a succession? I am in the process of cataloging the art to have it copyrighten and then transferred into my name. Do I need an attorney to do the transfer and or copyright.
Thank you.
The answer was yes you have to open a succession so that you can be awarded legal title. Then you will need an attorney to copyright, etc.
For the second time I agree with Ms. Lucas except I am not sure about copyrighting things yet.....
I am retired military (US Army) Divorced (State of Maryland) 1st wife in 1994. I pay to the ex wife no support. It was in our decree. I have since remarried. My question is, does my ex wife have any legal claim to any insurance policies that I may take out after the divorce. The beneficiary is my current wife for the policy.
Not as long as she is not a named beneficiary.
She has no interet unless you name her as a beneficiary.
no
Hello. I agree with other answers...no, she has no interest in post judgment acquired property. The only exception would be if your final judgment specifically states an interest in your property. Tom R.
My unmarried 17 yr old daughter is due to have her first child just before or on her 18th birthday. She is not in a relationship, other than friendly, with the 19 yr old father. My daughter who still lives with her father and I will be moving with us out of state at the beginning of next year or possibly sooner. This job relocation for her father was planned before the pregancy came about. Is it possible that the father's mother (grandmother) could try to keep my daughter here to keep the baby in the state? What rights does she have as a grandparent and what rights do my husband and I have given that our daughter is still a minor and is solely supported by us as is the baby at this point?
Please let me know by email if I can answer follow up questions to clarify the situation more.
Since your daughter will be 18 around the same time the baby is born, any issues about her being a minor now or you supporting her are not going to matter. I don't know how soon the baby is due, but any motions (except emergency or domestic violence filings) take about 30 days to get into court from the time the papers are filed. Additionally, the father and your daughter will likely want a DNA test to confirm he is the father before they proceed with litigating custody, visitation, & support. Again, this will take some time.
The Paternal Grandmother isn't the person that could cause a problem (unless she is the one pushing the father on how to handle the situation). The father could request the child not be permitted to move out of the state and ask that he have primary custody if your daughter does move. Asking for an order and obtaining one are very different though. Move away orders are often the most difficult issues to litigate and they are very factually intensive inquiries. CA law seeks to insure that both parents are able to have meaningful and frequent contact with their children. That can be tough when one parent moves out of state. If your daughter desires to move with the child, I highly recommend she retain an experienced attorney to assit with obtaining the necessary orders.
Ms. Burke gave you a very good answer. Just to elaborate a little, the reason the grandmother isn't the person who could cause a problem, at least not legally, is because she has no rights. Once your daughter is 18, neither will you. Grandparents have no legal standing to make any claims, demands or anything else in their children's child custody cases. One other thing bears mentioning. It is kind of the elephant sitting in the corner maybe no one wants to talk about here, but the boy is guilty of statutory rape. If he wants to assert custody rights, he is confessing the crime. As Ms. Burke says, it will be a very fact intensive inquiry if there is a dispute about your daughter moving with you, but that could be a relevant one.
How do I ask for a case to be reviewed regarding Constitutional Rights Violations and Incompetent to Proceed?
This is too complex an area of law to simply answer. I suggest you contact an attorney in the location of the alleged crime to see what is the proper way to proceed.
I was in negotiations with three other individuals to purchase a prominent medical office. There was a verbal agreement with the four of us and the owner for purchase. While finishing negotiations, before a written contract, the other three individuals decided to cut me out of the purchase. The owner then offered a new, reduced, price for the remaining three to proceed. Since there was not a written contract is a verbal contract legal in Indiana? Did the three partners or the owner have a legal right to change a verbal contract without consulting me in the process?
Negotiations are generally not binding. It is the final written contract which governs and supercedes any discussions and verbal understandings. This is true not only of the agreement between the owner and the purchasers but the agreement between the purchasers as well.
If you had entered into a written agreement with your partners, you would be in better standing.
estate/will, My brother is renting past 8 years from my parents. My dad passed away recently, my brother is buying home and says his rent for those 8 years should be reimbursed when house is sold to him. He wrote on checks, toward mortage. My brother did not put any money down on house nor is his name on the mortgage. Is he entitled to get this money returned to him? It is written in my Dads will, the house is to be sold and split in half by two children. ty.
Is the answer free?
I wouldn't.
He lived there and had use of the house for the eight years, You should not be required to subsidize him. Furthermore, you are entitled to one half of the fair market value of the house ads of the date of his death. If your brother does not have the money to pay you, or if he cannot get a mortgage, you may need to take legal action to force a sale, In any event, the estate, and I assume this is one-half yours, is entitled to fair market rent until settlement is made. You may want to look into retaining a knowledgable attorney to help you. Feel free to email me at [email protected]/* */ with any question.
Arnold Nager
We have a security system at our office that apparently the contract rolls over with out notification by the security alarm company. When we decided to cancel we were told our contract is not up yet and there would be a cancelation penalty. Is this legal?
Read The Friendly Contract. The way to deal with "evergreen" clauses is to cancel as soon as you sign (if you choose to sign). Make sure you cancel in the manner specified in the contract.
Your contract determines the rules.
In some consumer contracts, automatic renewal clauses are required to be prominently printed and placed. In an alarm-service contract for a commercial client, I am pretty sure there are no particular requirements governing these so-called evergreen (self-renewal) clauses.
i live in los angeles, ca. I have lived with my parents in their house for 50 year. They have a will but not a living trust. The question has come up if they ever ended up in a nursing home or died, would the house go to probate or is the house mine.
There are several issues you raise in this situation. First, in California, the home you are speaking about would probably pass through probate since your parents have a will. That being said, the property would pass to whomever they named as beneficiary in the Will.
With regard to incapacity and long term care, your parents may need advance healthcare directives and powers of attorney for these types of situations.
Based on what you have stated, it would have to pass through probate. I do suggest you speak to a competent estate planning attorney as to what you need to protect them.
Please have your parents see an effective estate planning attorney. They can take many steps now to assist in the case of their incapacity or death that will avoid great complexity and expense. The facts as youu describe them would require a probate
I am being investigated for two benefits that I did in my area that broke even. I have all of my backup and canceled checks etc...anyway the person who made the claim has nothing to do with any o the benefits and is a PERSONAL friend of the detective who is investigating me. Is this a conflict of interest?? I want to file a complaint with internal affairs...do I need an attorney to do so??
You have this all backwards. Hire an attorney to help you with the investigation. After that, you can worry about other things like internal affairs. Call me anytime at 732/773/2768
Life estate waiting period, can this be avoided? Or shortened?
I wish I had more information in order to be able to give you a detailed answer. However, I assume that you are the remainderman and are wondering when you will actually own the home. Your ownership interest does not fully vest until the death of the life tenant. If that does not answer your question, please feel free to give our office a call to schedule a confidential and proper telephone or office consultation with an attorney.
If you are not concerned about when you take as a remainderman, but rather the look back period on the gift of the property to the remainderman and how that impacts Medicaid (not Medicare) and the 5 year look back period, the answer is you cannot shorten it. However depending upon your situation there may be ways to reduce its impact or otherwise deal with your question or issue.
The problem here is that you have not articulated what your problem or issue really is.
Hello, I live in franklin county, PA. I just started renting an apartment for 165 a week. And the neighbors have been having many problems with the landlord just throwing people out. I wanted yo know what rights I have and if I were in a situation what I could do. There is no lease, but I do keep reciepts written out by the landlord. The neighbors have also said that the landlord will "overprice" the electric bill, what could I do If I felt I was being overpriced. and what if she tries to get 175 for rent insted of the 165, that's just another complaint I have heard. Thank you.
So you're paying someone over $714 a month without a lease. So the landlord can't spring for the lease you can download off the internet? Did he give you a lead base paint disclosure form?
The failure to give lead based paint disclosure is a big Federal deal.
The fact you have no written lease tells me you are going to be shafted.
John
PS: Might be a good idea to call me so I can explain this to you in detail. Other than toll charges the call will be free.
What if a landlord is responsible for his house burning down by not cleaning the chimney in the state of PA? I was involved with long term house sitting engagement for my cousin. He and his wife purchased a 65 acre farm in central PA, as an investment, and asked me to move in to the farm house to keep an eye on the property. In exchange for rent, I was to perform minor tasks involving taking care of the property and feeding and care of his three hunting dogs, ten feral barn cats and an aging horse. I was also informed that the property was completely insured, including the contents of the house. If not, then I would have purchased renter's insurance and added that to my automobile insurance. I was assured that I would not have to purchase renter's insurance.
The house had an oil burning furnace. Since the price of home heating oil was high in the winter of 2008, I had the option of utilizing the wood stove located in the kitchen.
In the fall of 2008, my cousin insisted on cleaning the chimney himself. He claimed to have the equipment to do so. He continually told me from September to December that he was planning on cleaning the chimney with my help. After waiting for him to do something or anything regarding this matter, I suggested that he hire an Amish chimney sweep. He turned this idea down.
As the PA winter weather approached, it was clear that I wouldn't have a choice in what to do. If the temperature fell within the house, the pipes would freeze. I would have to build a fire in the stove. I did.
My cousin had plenty of time to tend to this matter, but neglected to do so for unknown reasons.
On the morning of December 19th, 2008, I was awakened by a knock at the door at 4AM. Somebody outside was yelling for me to get out of the house; that the house was on fire. Quickly getting dressed, I rushed out the front door to find out what was going on; walked to the side of the house with the stranger that saved me.
The chimney was on fire. Since my cousin never repaired the outdoor pumps, all I could do was watch the house burn down while waiting for the tanker trucks. The man that saved me had called the fire department. I did have time to get my cat out of the house as the flames jumped from the chimney to the attic. It took over 30 minutes for the tanker to arrive destroying the contents of the house. The man that saved my life told me he had to leave because he was on his way to work when he spotted the fire. I never had the chance to thank him for saving my life as I was in shock over this occurrence.
Somebody came up to me and told me that there was a local hotel that would take me in for three days while I attempted salvage. I checked in with my cat and slept for about four hours before returning to the house which was less than a mile away.
When I arrived at the charred ruin, I made a list of destroyed items and my cousin arrived to check the damage. His insurance representative also showed up. During this time, I was still writing up my list. My cousin had mentioned that he had hoped that the insurance adjuster didn't see the creosote on the chimney pipe which was laying in pieces beside the house.
By the time that I had completed my list, I stepped outside of the ruins of the house to hand the list to my cousin to give to his insurance company. It was then he told me that the contents were not insured - just the house. I asked him to submit my list to his insurance agent anyway. He refused and he also refused to give me his insurance company's name, then drove off.
Since I considered my cousin "family", I thought he would do the right thing and give me partial reimbursement for my losses out of his insurance settlement of $160.000.00 . I asked him for 5% or $8,000.00 so I could file for bankruptcy and have some money to relocate. He gave me $500.00 cash instead.
Since this incident, life has been difficult. I had to move to NC to my retired father's home which resides in an area of high unemployment. I have also been hiding from my creditors since the fire and being 57 years old, work has not been easy to find.
My intention is to sue my cousin for negligence through a Pennsylvania attorney and courts. My loss was over $35,000.00 in contents, not to mention that I would have perished in the fire if not woken up by a stranger on his way to work.
Here is a link to the Reading Eagle newspaper describing the event.
http://readingeagle.com/article.aspx?id=118362
Thank you for your attention in this matter.
Unfortunately, the statute of limitations for negligence in PA is 2 years. As this incident occurred in 2008, the statute of limitations expired in 2010 and the case would probably be dismissed. Sorry.
I am a mother of 2 children and i just got out of a 6 month rehab. My childrens grandfather and his wife from the fathers side have guardingship of my kids. How can i get them back
For starters, you should take advantage of the free class on guardianship offered at the Boyd School of Law (UNLV). This free class is on Fridays between 2:00 and 4:00 p.m. through June 1st. You need not register in advance, walk-ins are welcome. After you have taken this class, you'll have a better idea as to whether you may want to hire an attorney to assist you through the process. For more details, visit http://law.unlv.edu/free-legal-education.html.
You need to hire an attorney because once a guardianship is established, you know have the burden to show that there is a material change of circumstances in your children's lives and a change of custody back to you will substantially enhance their welfare. It is not enough to say that you are out of rehab and you are ready.
If you want to hire me for legal work, my email is [email protected]/* */
What is the difference between shooting at cars with pellet gun vs bb gun at cars ?? Is it a felony or mistminor.
Believe it or not, both are considered deadly weapons.
can a stepfather of a 14 yr. old child get custody of the child if the child lives with him and that is where the child wants to reside in the state of fla.
It will depend on a lot more information than you have provided. First, where is the mother? Who has custody? Is the bio father paying child support? is he on the birth certificate. Is there a case on record in the state?
You can always file a Petition for Custody - but I don't think you have standing and therefore your pleading may be dismissed.
On the other hand, you might could file for guardianship if the mother is incapacitated and the bio dad is not in the picture - but here again , there are numerous pieces of information lacking from your question.
Except in the very, very rare case of where DCF or a dependency ("abuse or neglect") judge can't find any other relative or foster parent, no. A step-parent has no "custody" rights over a child. The desires of the child would be irrelevant.
If the divorce decree was never signed by my ex, does it become invalid until signed?
I've entered decrees never signed by either party.
The only signature necessary is the Judge's signature.
Hopefully, you had an attorney representing you. If so, talk to your attorney. If your case was procedurally done properly, her signature won't be necessary.
I am currently involved in a slip and fall lawsuit with an atty with whom I am npt satisfird with. Is it possible to hire another atty?
Yes, you can always fire your attorney, just like anyone else that works for you. You should know that s/he probably has a lien against your case. Read your retainer. That means that s/he is still entitled to compensation for work s/he has already done - it's only fair. Generally, the 2nd attorney would pay the 1st attorney's bill after settlement.
The answer is yes, and it won't cost you anything. The percentage you pay from the recovery will be the same. The question is whether or not another attorney will accept the case. Because now there will be more than one attorney sharing the same percentage, so the new attorney will need to know that the case is worth it. I myself frequently take over cases from other attorneys when their clients become dissatisfied, but of course I need to speak to the new client first. The consultation is free, so there's no harm in simply getting a "second opinion." If you want to contact me, feel free to call (877) LION-FOR-LAW (546-6367) or write to me at [email protected]/* */
So I'm not entirely sure how to word this question so bear with me please.
Many years ago a creditor took me to court, without my knowledge. I never got a summons or any kind of notice that they were taking me to court. The judge awarded them a judgement automatically for me not showing up to plead my side. I found out at a later date when I was hit with a wage garneshment about the previously mentioned judgement. A short time after that I was laid off and had to seek new employment. At this point the garnishment stopped since i no longer worked at the employer they had on file.
fast forward several years. (6-7years)
Several Years later I decided it was time to start cleaning up my irresponsible use of credit cards and paying off old debt. A short time after making payments to other creditors, the creditor that was awarded a judgement contacted me to arrange a payment in full on the passed due account. I was unable to pay the full amount at the time and set up payments. After doing some research I find that there is a 4 year statute of limitations in California on Judgements....
Now since i've re-established contact and made payments am I basically out of luck and the statute starts all over? What do I do?! What are my options or courses of action?!
On a side note I did run a credit check on myself with the 3 credit reporting agencies and nothing at all was on my reports about the judgement or any debt that i owe to them.
I truly appreciate the time and effort anybody can take to shed some light on my situation.
A judgment in California is effective for 10 years. If, after that period, the judgment is not renewed, it is no longer valid and does not need to be paid. When was the judgment originally granted?
The statute of limitations applies to the time to file a lawsuit. Once the lawsuit is filed in time, there is no statute of limitations. As Mr. Jordan says, once there is a judgment against you, it is good for ten years. It can, however, be renewed indefinitely every ten years until paid out of your estate if need be.
the deed of my home is in my son,s name , in order to have some home improvements like a new deck ,a pools , or any other little thing that could come up , do I need a durable power of attorney to obtain permits ?Thank you .
The answer depends on whether or not you gave your child the deed outright or whether you used a life estate deed. If you transferred property outright to someone else, then yes, that person is the legal owner and you would need a power of attorney to act on their behalf.
My question is in Florida. How long does a garnishee in a writ of garnishment action have to hold on to the garnished wages if the plaintiff never collects them? The original garnishment took place four years ago and we garnished the wages but the plaintiff has not made any effort to collect after many attempts to contact him. Can we turn the wages over to the state or file some sort of motion with the court? Thanks.
Need motion to vacate.
Bank asking for default judgement in Court. The financed amount was for equipment purchase for business. Business closed. Bank seized equipment and liquidated it. Bank suing Corp and me (Personal Guarantee). I own no assets, house, car etc. Any suggestions to resolve the issue without litigation? Thanks
You're already IN litigation. A lawyer can help you work it out. [email protected]/* *//5162421453
There is a promissory note that was not signed by the 2 parties in minnesota. is it enforceable?
if there is an email requesting the payment of the note, what is the right way to act about it? respond, disregard?
Probably yes, but it depends on the facts. As long as the note was signed by the party whom against the note is being enforced it should be fine. (The other party could probably just sign it now.) Most binding agreements do not even have to be in writing. If the other party loaned you money, you owe them the money. Just because they didn't sign the note doesn't mean you are off the hook. If there are other terms and conditions to the note you may have legal arguments.
How to react to the email? I have no idea without more information.
My folks adopted my kids but let my 12 year old daughter live with me. Now they are threatening to take her back and I have no paperwork that says she is mine legally. What do we do to keep her here with us? She wants to stay so badly also.
If they adopted the 12 year old they are the legal 'parents.' You would have to get a temporary order of custody or amend the adoption.
I was a witness for deposition subpoena ,during a testimony I was asked to recognize my signature and my handwriting address. I recognize my signature , but not handwriting address. When I got my testimony I realize that I make mistake.What can I do now?
Send a letter to the deposition attorney and all other attorneys or parties explaining your concern, if you do not have an attorney; if you have an attorney, then go to that person first with your concern. I don't think your concern has any weight, as long as you recognized your own signature, which was the most important part of your answer to the question asked.
I have just been hit by an aggressive collection agency for a $191.00 utility bill from 2002 (last activity). I am trying to figure out the SOL for utility bills in Missouri (although I now live in Oregon). What I need to know is if this is considered a written or open contract? The truth is, I don't even remember this account so I am so confused! Either way, if it is an open account I am sure the statute of limitations would prevent further collection. Thank you for your time.
Missouri contract SOLs are ten years for the collection of money.
However, a credit agency cannot report accounts placed for collection seven years prior. If the account wasn't placed into collection until 2004, then it may be proper to have it on the credit report.
You should send a letter to the creditor requesting the original account information and documentation, which they probably won't be able to provide. Tell them that they were required to contact you within seven years. Because they didn't contact you, tell them you will take action under the Fair Debt Collections Practices Act. If they don't respond kindly, at least the next part will help you some.
At the same time, send a letter to all three reporting agencies disputing the account. Because the last activity was in 2002, the agencies will likely delete it from your report.
Even if you don't pay the debt, the account won't show on your report. Even so, I advise that it is always better to pay the debt if you can.
Hope this helps!
Jonathan
I reported child abuse of a family member that was anonymously and when they sent the report to the family member's lawyer they left my name in. Now family is not speaking to me and i have had threats of harm. All the state basically said was sorry. This has ruined my family life and I feel in danger now. can I sue the state?
Yes you can sue the state.
What rights do parents have with a 17 year old making false accusations?
Accusations about who about what?
What is Virginia law on intimadation? There is an arrest warrant out for my daughter and the charge is felony intimadation. What constitutes intimadation and what could happen to her?
Intimidation for what in particular and on what grounds?
Until more specifics are offered in terms of this alleged intimidation, I cannot
offer an opinion.
hi- can i do personal bankruptcy if i have a commercial property loan in my corporation name but the title is in a trust..thanks
If it's a revocable trust any such assets in your trust could possibly become
subject to the bankruptcy estate, but you would be wise to consult with
an attorney who regularly handles bankruptcy matters for further advice
on this issue.
if you are charged with drugs as a result of a search warrant do they have to show you what drug they find
At the time of discovery? No. During the court proceeding against the person? Only during the trial. The person's lawyer can get an order to view the evidence and even to have it tested.
This question is regarding the Pennsylvania state law.
Can a 20 year old guy, (21 this year) date a 16 year old girl legally? There is a five year difference in age.
Even if it's not sexual?
If I want to take her on a trip to New york city without her parents consent, could I or her be charged with anything?
Her "parents" (biological mother and stepfather) are users of mariujana and they are extremely unfit as parents. They have three kids, one 16 year old girl, One 12 year old girl and a 7 year old autistic boy.
They are all being psychologically abused.
Is there anything I can do to make social services intervene?
I have already called them on the parents once before when it got heated, but they claimed to need evidence of abuse. Would it suffice if I could provide evidence of their mariujana use?
Best regards
Joa
Legally maybe but one misstep and you won't be her lover you'll be her rapist.
You expect anyone to believe it's not a sexually relationship? Oh please.
She would be a victim and you could be looking at kidnapping charges.
You need to step away from this situation. You Can't be dating an alleged victim and then trying to rescue her at the same time.
My advice is to walk away.
If you don't well I do do criminal defense work.
John
Hello,
Our home is located in orange county, California.
Upon a fire inspector's visit, our family politely asked if he could remove his shoe upon entry to our house. The inspector literally stomped out of the house and refused to inspect our home without any explanation altogether and left. We were stunned at the spot.
We had a chimney contractor who had been waiting all day for the inspector to show up (I understand that the contractor needs to be present on inspector's visit). Now he(the contractor) will have to waste another day of his time for the inspector.
My question is, under which circumstances can a fire inspector refuse to inspect a house? Is being asked to remove his shoe one of such instances? Our family would have had no problem understanding if he had just said "no thank you," and would have respected his preference.
Thank you for your help.
Maybe the inspector had a foot odor problem like Frank Costanza.
I'd need to hear the inspector's version of the story to give a confident answer, but sounds to me as though the proper approach is to discuss what happened with the inspector's superiors.
I was able to recover some unclaimed property, through the State of IL Cash Dash website, that had been abandoned in my deceased mother's bank safe deposit box 12 years ago. This included a will and an IRA Time Deposit Certificate ,FDIC insured At the time of her death, in 2000, I was not aware of the existence of either of these documents. Then the bank closed and the building was demolished around that time, without any notification to my mother or to me, her only heir, of the disbursement of the contents of her safe deposit box. Meanwhile, the institution was reacquisitioned twice since then. First Illinois Bank of Evanston became Bank One and is currently a Chase Bank. I went for over a decade unaware of what became of the contents or how to recover them. Then, fortunately, I saw a television news report earlier this year that gave information about the Cash Dash. Were it not for that, I would still be in the dark about these documents and assets.
When I went to Chase Bank to try and track down this account, they informed me that because it had been such a long period of inactivity since the first maturity date, the monies had probably reverted to the state of Illinois. I have contacted the state attempting to claim these funds and they can't seem to find any record of them. What do I do now? My family is in dire need of these funds since my husband has been unemployed for over two years and I only work part time. We are in financial crisis mode and this money that my late mother intended me to have would certainly be a Godsend. Please help. Thanks very much.
Mrs. Allie Zemtseff
I'm confused. You first stated that you were able to recover some unclaimed property through Cash Dash. Then later you state that they can't seem to fund any record of them Once property is turned over to the Treasurer then the bank would no longer have it at all Once the Treasurer receives it, they are supposed to keep it forever.
From the information you provided, it's not certain that the account had funds in it on the date of your mother's death. Unfortunately, with the passage of time it becomes hard to prove anything: Chase Bank told you the funds had "probably reverted" to the State of Illinois. I would ask for someone in Chase Bank to research their archives to ascertain exactly when and how the account was disposed of.
Can a codefendant testify on a defendants suppress motion without beong on the motion
Yes. As long as the co-defendant wants to testify. If the co-d doesn't want to testify about something that might incriminate himself, then he can't be compelled to testify about whatever would incriminate him.
I am a mother of a two year old. I was custodial parent until the father maliciously used an altercation and a jealous neighbor to call cps and a dcfs case was open. they wrongfully took my son from my mothers care. i was incarcerated at the time do to this altercation. long story short dcfs used childrens court to take my custody and give it to the father. after 12 months they are planning to close the case feb 21 2013. i have been 100 compliant with the case,and has taken me a little longer to complete some of ther services that i have completed. and now the appointed attorney told me all that i was doing was too late in doing. he said i still have my parental rights where i can see my son 2 hours weekly. if i wanted more time after the case closes then i can go to family court and ask for more visitation. i have two months till the next court date. is there any way i can get custody of my son through childrens court while the dcfs case is still open? the attorney and dcfs has never been any help to me. they never advise me of my rights. or give me the name of forms to appeal or fight this case. i dont understand how they can get away with wrongful conduct and taking away my custody and my son for a whole year and more. they have caused me grievance for wrongful removal of son and continual removal of my son. what can i do to get back my custody before they try to close my case in february 21 2013
You did what you did and it was apparently a crime. Then you did not do what you were supposed to do when you were supposed to do it. I'm missing what wrongful conduct occurred or why you think you have any right to do anything other than what they say - file a motion in family court once the dcfs case is closed.
Can someone have a lawsuit filed on them if they are locked up?
Yes
If a landlord fails to deduct from and return a security deposit in the time stated on lease (15 days) do they still have the right to deduct for damages after that date?
Yes, unless the lease states differently. Louisiana law gives the landlord 30 days. Your lease can (and does, as you say) state a shorter time. However, unless the lease states specifically that the right to deduct is waived by failing to meet the deadline, it is not and the landlord can still deduct.
Under Louisiana law, if the landlord fails to return the deposit and (if he deducted anything) a detailed and itemized statement of charges, he is liable for a minimum of a $200 penalty plus attorney's fees. He would still be able to deduct for proven damages he had to repair, though.
My daughter signed a Student Enrollment Contract in Minnesota eight days before her 18th birthday. I did not sign the contract. After a few weeks in the Cosmetology school, she decided to withdraw. She signed a form stating she would pay the balance on the tution (approximately $2600). She was 18 then. She never made any payments. A collection agency is now contacting her for payment, and the amount is about $3400. Is the original contract legal? She was a minor. However, does signing the agreement to pay later make it valid? She is going to be attending school full-time this fall, and this debt would be a huge burden. The amount they are asking for is outrageous, considering she only attended 76.5 hours of class.
Hello. A private attorney will be happy to assist you and provide you with a legal opinion. Your daughter certainly may authorize you to address the matter on her behalf. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.
Tricia Dwyer, Esq.
Phone: 612-296-9666
365 Days of Year, until 8 p.m. daily
SCHOOL LAW
CONTRACT LAW
DEBTOR CREDITOR LAW
FAIR DEBT COLLECTIONS
i came to this country when i was 3 years old i came without a visa of anytime is there anyway for me to get a legal status
Yes the deferred action plan that you can apply for.
My husband and I are divorcing and have one child together. Both our names are on the title of the house. In the event of his passing and no wills are set up, who is in charge of handling his estate, or better yet, who will control his share of the marital property?
The answer to this question all depends on what the final divorce decree agreement is. Right now you are still married and still share the asset.
I purchased a map database program from magellen a few years ago containing the navigational maps for the entire united states called blue-nav and at the time i purchased it it was a few hundred dollars now the company tells me they have taken down the support servers for their older products and no longer have the tools to generate the unlock code that I need to use my software. is this even legal to just dismiss ones self from supporting a product that a consumer bought in good faith
It would be helpful to know how many years is "a few" in your situation. If it were two or three years, I'd think you would have a much stronger claim than if, for example, it were five to eight years back. There is a general expectation in the software industry that a purchaser will open, install, and begin using a newly-acquired product fairly soon. My personal belief is that Magellan should refund your purchase price, but this is based more upon goodwill and public relations concepts than any legal doctrine. If you had to fall back on hard-nosed legal principles, we would have to examine the contract and/or license between Magellan as vendor and you as buyer for anything that implies an expiration or termination date. A suit to require Magellan to honor its contract and make the software available is probably not something most lawyers would encourage or recommend. Perhaps they will offer you an upgrade to the current version with credit for your prior purchase.
How is it that the president can admit to smoking pot alot as a kid and i cant even join the army because the one time i tried it i got a citation? I live in mass where pot is decrominilized and the one time i tried pot i got caught by the police. I was issued a civil citation and had to pay a fine. This restricts me from joining the military which has always been my dream. There are interviews and books about the president and his childhood exploits which specifically say that he smoked pot all the time as a kid with the "choom gang." I just dont understand how my dreams can get crushed for trying it once and getting caught while Barack Obama can openly smoke marijuana and not get caught and become commander in chief of the military. The military automatically judges me because of that ciatation and decides that I can not serve my country because I made one lapse in judement. Meanwhile the person in charge of the entire military and country was a stoner.
This sounds more like venting than a legal question, however: The United States Supreme Court has long ruled that the constitutional power of Congress to "raise and support armies" allows for the establishment of recruitment standards consistent with recruiting and building a disciplined force, even if such standards are discriminatory (physical requirements) or objectionable to others (former prohibitions based on sexual orientation). The same Constitution grants that the President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States.
On the issue of recruiting: while Massachusetts has decriminalized possession of 1 ounce or less of marijuana (and only possession, not use/smoking), generally speaking this is irrelevant; both federal law and regulations classify marijuana as a controlled substance and criminalize its possession. The Army is (ultimately) a federal institution. All military organizations count payment of a fine as a "conviction" for recruiting purposes, just like a CWOF (continuance without a finding) counts as a "conviction" for recruiting purposes.
Recruiting standards fluctuate based on the needs of the respective services. Right now, confirmed prior drug use is a disqualifier, as a re a collection of other criminal offenses. If there was a shortage of personnel, entrance requirements might be altered to create a larger pool of applicants, or waivers might be made available. General requirements can also be waived based upon special circumstances (for example if you were fluent in certain languages or had highly specialized skills that were in demand)... this is essentially an employer making a risk-benefit determination. Right now, the Army has plenty of people applying for every position it has vacant, and is expecting a reduction in authorized numbers based on upcoming budget issues and the end of major operations in Iraq.
If serving in the Army is your ultimate goal, there are things that you can do to further that plan and make yourself more attractive to that employer, possibly under the Great Skills Program (google it and talk to your recruiter). You can also re-apply and check on changes in available waivers... or pursue a career in politics.
I'd been a tenant in my bldg for 9 years & was paying about $900 for my studio. Well last june I took over as building manager and had to move to managers unit. And as payment I didn't have to pay rent. And now all of the sudden my building is in the process of being sold & the new owners are willing to keep me on board but are only willing to offer me 1/3 of the market value of the mngr unit. SO basically they want me start paying $1500 and i'll receive a monthly paycheck of $500.I rented my old unit for $1400 after taking over as manager. So basically made a profit of $600 for me taking the job and now the new owners want me to start paying $1,000. So the building will be making $1600 by keeping me as manager. i'll be paying $100 more than I was as a tenant to have the job. I only took the job less than 7 months ago and i was given no warning that the building was possibly going to be sold. If I knew that, I wouldn't have given up my rent controlled apartment. SO I have no idea if there's anything I can do or am I just out of luck? Thank You, LuiS
You actually have a wage and order problem under employment law. The new owner may be violating the minimum wage requirements. To get a sense of the issue, take a look at the following link: http://www.californiaemploymentattorney-blog.com/2010/05/resident-apartment-managers-ri.html
You may want to speak to an employment labor law attorney near you who handles lawsuits against employers for failing to pay the proper amounts.
I have to see my lawyer tomorrow about a settlement I agreed to, I'm actually frighten because I'm not sure if they'll agree to it or If I'm just going into to sign documents and be done with it.
In short this is a worksmen cop issue...but I wanted to know what kind of process its going to be?
See your lawyer.
I am going through a divorce, I have court in june 18. My husband has filed an order of protection against me. How do I counter with an order of protection of my own?
You can't file an OP for the sake of having an OP. Read the OP statute, there must be specific facts present for the court to even consider one. Get an attorney or contact legal aid, just get someone involved who knows what they're doing.
I lived with my girlfriend for 7 years. She recently died of cancer, she never worked and I paid for everything. Her mother is her health proxy, who keeps all belongings after her death? Me and my child or her mother?
I am sorry for your loss. The way it works is that the will rules for the most part (there are certain laws, like not being able to quietly write off your spouse completely). I am assuming we don't have a will here, just a HCP (everyone should have a package of documents for what happens after death, including a will, HCP, Living Will, Power of Attorney, and pet trust-all inexpensive to do). Where there is no will, NY' State's intestacy laws govern distribution of assets. There is, in layperson's terms, a line of people the IL go by, and parents of the decedent would collect only if there were no people above them in line, and spouses and kids are at the head of the line (then there are more rules as to how this is broken down). I cannot be more specific without knowing more. Again, I am so sorry for your loss.
Regarding "Tenants in Common" ownership of intangible personal property such as a lottery ticket; "Tenants in Common" ownership allows for equal right of possession.
How can this be accomplished if two or more owners want possession at the same time? Let's then assume a safe deposit box or similar neutral storage with common access... what is to keep one individual from taking the ticket for 100% possession? Is their a legal remedy?
A lottery ticket is tangible property. It is tangible property that carries with it intangible rights, but it is tangible nonetheless. Intangible property by definition cannot physically be possessed. To answer your question, however, your hypothetical is really no different than if, say, tenants in common owned a timeshare and both wanted to use it at the same time. If they cannot agree, or if one of them usurps the property, the other person's remedy is for a partition of the property. That is most commonly done by the court ordering the property sold and the proceeds distributed, although in a proper case other solutions may be appropriate to divide the property. When faced with that prospect, most TICs either start to work things out, or at least agree on a partition method rather than let the court decide.
I assume you are daydreaming and you didn't really win the lottery. Ordinarily one person signs the ticket, and the two or more co-tenants should have a written contract drafted by a lawyer. The lottery officials also have resources in this regard. Very often situations like this lead to lawsuits.
You dont want to go down the road of discussing ownership of the ticket in TIC.
Give it to an attorney hired by both of you in trust, to handle, and distribute the proceeds. The attorney cannot prefer either client over the other, and will do it in a way mutually agreeable. let me know if you are serious.
Best,
Daniel Bakondi, Esq.
[email protected]/* */
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Attorney licensed in California only. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.
In a domestic violence case, there is a letter the "victim" can sign to help the acussed in the case. What is the name of this letter, and where can I find a draft for it.
You can schedule an appointment with the prosecutor handling the case and / or you can talk with the defense lawyer.
My father in law has been in the hospital for 1-1/2 months know . He seems to be getting worse to where he cant hold a conversation or male financial decisions. What is the best way to take control of decisions and help make sure his bills get paid? He has some family but no one he really got along with. He is actually my ex step dad. But have always been in my life like a father. In fact he raised my son. He is actually leaving most of his money to my son. My son is actually in jail and will be there for probably a year. Don't know what to do. Power of attorney, guardianship, conservatory?
If the man is 'legal incompetent', he can not give a power of attorney now, it is too late. You'll have to file for legal guardian or conservator over him in probate court in the county where he is located. It is not an easy process for a non lawyer, but you can seek help from the local legal aid society, local law schools, local bar association pro bono panels, etc. Ask for help and referrals locally. Try asking attorneys listed as probate specialists fir referrals if pro bono or reduced fee. Worst case scenario is to get the Public Guardian involved, as they will take over and you and the man will lose control.
how much should a settlement be for a car accident?
A settlement value depends on a tremendous number of things, but to try and simplify, it's the percentage of fault times the extent of injury. California is comparative fault, so if you have a share of fault, say 20%, then you would only get 80% of the value for the extent of your injury. The real trick is figuring out the value for the extent of the injury. That depends on the nature of the injury, the amount of medical bills, lost wages, interference with daily enjoyment of life, etcetera etcetera. There is no formula for that. It's an art, not a science.
What you really need to do is talk to a lawyer about the details of your individual case. Give me a call, no obligation, and I will give you my opinion of the value of your case, for free. (877) LION FOR LAW (546-6367) is the number,
My father lives in Arizona. I live in Texas. He has dementia. He has a legal separation from his wife. She possibly may have power of attorney now. She doesn't want him in a nursing home. Can I admit him from here without going to Texas. Do I have the power to do so if I go to Arizona?
We can certainly help you consider and then pursue your options for "adult guardianship".
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Alicia or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/ Rich J. Peters
R.J. Peters & Assoc., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
If a person is going to trial for a crime they didn't commit and another person comes forward and confess what happens
They still have a trial unless the prosecutor believes the person who comes forward and confesses. It takes more than just a confession, it takes confession along with some really good evidence to get the prosecutor to pursue the other person.
The prosecutor may prosecute the other person. If there is a trial it depends on who the jury believes . Of course two people could commit one crime and both of you could be prosecuted.
I live in tx and want to sue the woman who wrecked my marriage. She has a history of wrecking marriages.
You can't do this.
That's an old cause of action called "alienation of affections," and it's been abolished.
i own mikes handyman service in pineville mo carl blessing from st louis mo called me and had me repair the pavement and cracks in the building this was finishe on the 4th of feb 2012 and its been 3 weeks done now and still no payment what can i do to make him get my pay to me lien or small claims court?
Either one is available
If a person gives an attorney files from a previous attorney (deceased) can said attorney use information from those files to benefit another client without my permission? What if it is detrimental to me? (This concerns release of recorded material and who has authority to release)
Question lacks facts and uses "If" a lot. I can only speculate... for instance when you say "benefit another client without my permission" are you the first client?
can HOA take 5 feet of your property?
Maybe and maybe not. You have the answer in your hands. The answer is in your HOA paperwork that you got at your closing. Since you didn't share the language from that paperwork, nor told us the circumstances, it is impossible to answer your question.
Hi I have recently been told a software product I use is being dropped from future development. After over 10 years investment this news came out of no where with no warning. The company is very successful and the decision was a "change" in direction with many debating the very little reasoning.
I'm not against changes but in this case they asked us to invest and with this news it feels like they took our money and ran. It has had very detrimental effects in the software world. Our software requires their software.
I remember reading about a law that states that a company cannot just drop support for cases like these.
Discontinuing "future development" is different from withdrawing the product from the market or shutting off all current and future use. If the product works satisfactorily at its present (2012) state of development, why wouldn't it continue to work in 2013? or 2033? Also, if there is any market for the product, or any reason to develop it further in the future, someone will do that.... no marketplace void will exist for long in the software world.
Philippine Supreme Court Justices took bribery
How can I get help against Philippine Supreme Court Justices took bribery in just 3 pages of documents proved so glaringly ?
I was sold and my life is in grave danger for telling the world on Philippine Supreme Court justices took bribery and aided escape from impeachment by Speaker Jose de Venecia, jr. who suppressed me from seeking endorsement to impeach. Have substantial proof in certified true copies
Re: Philippine Supreme Court Justices took bribery
This is a bit complex. But as a lawyer and an officer of the court, I feel personally responsible to perform what needs to be done under the circumstances. This would require a political solution. Please advise me on what help you want.
There is a parenting plan filed, which I did not respond to because we got back together and it has the days off I had before my schedule changed to pick my daughter up. We have not been to court as of yet, however. If I go to pick my daughter up from her mother's residence will I be arrested for trespassing even if it is not my day to get her? The court has not set the plan in stone as of yet.
Trespassing requires the entry onto land not be authorized, which you, at least implicitly, state that it is authorized.
Custodial interference is the crime you would be worried about -- if non-consensual in picking up the daughter.
Beware protection orders/restraining orders are not filed as opposed to simply a temp parenting plan (just because it is filed doesn't mean it is entered -- did the court sign off on it?).
NC-I have a pending lawsuit involving my home. The defendants are looking to enter the premises under Rule 34 of the NC rules of civil procedure. I am trying to get a clear understanding of Rule 34. The defendants atty sent a letter requesting to come inspect parts of our claim and asked me to provide dates of convenience. My atty is pressuring me to give dates even though they have not given a list of what is to be inspected. My questions are...Do they need to first file with the courts?...Do they need to supply the "list" prior to me providing the dates?...Once they provide the list, how long do I have to respond to them with dates?...If I have to give them the dates first, how long do they have to respond with the list? I thank you in advance.
Hopefully without sounding snarky, you need to speak to your attorney. If you have an attorney and you feel like you don't understand the law, you need to speak to him/her. If you attorney is not serving your interests, you need to speak to him/her about this. It is concerning for a person to have an attorney and then ask questions of other attorneys. It usually indicates the relationship is damaged or worse.
we have a 3 year lease contract on a house and we want to break the lease after one year. what can we do?
Talk to the lessor about turning the car in early. There will be penalties involved, but you can save yourself a lot of headache and expense in the end if you turn it in rather than let them repo it.
Can my tenant talk to my neighbour about fixing my rental property fence without my knowledge and is not fixing the fence considered not offering good housing conditions ?
If you mean can yor tenant say what he wants to, sure the 1st amendment allows that. Your tenant is not your agent so his comments do not bind you however. A good fence is not an essential service.
Not fixing the fence is not a habitability issue, but it could be a liability hazard if it is falling down.
How is child support really calculated? I make more money than my children's father. I have out two daughters 10years and two years old for 80% of the time.
Well that's a great question, and it takes dozens of pages of law to explain all of it. So the following is necessarily simplified, but should give you a general idea.
The complicated part is determining "spendable" income. This is nearly as complex as calculating Adjusted Gross Income for your taxes. There are all sorts of laws and rules on what counts as income and what does not, what to do about discretionary bonuses, etc., and there are all sorts of rules and regulations on what deductions from income are allowed to reach the net income figure for each spouse. A few big/common points are: 1. new spouse income - yes it goes in the calculation; but only for estimating taxes, not for adding to income. 2. Children of other relationships - deductions are made for them. 3. Living expenses - nope, not even deductible ones like mortgage interest; you only have to list living expenses on the forms because they can be looked at by the court if there is a request to deviate from guideline support, but they are rarely if ever allowed as deductions. 4. Estimated taxes, health insurance, and union and professional dues are really the only significant deductions taken in most cases. Even once you sort out what the legally allowed figures are for each line item, it takes a computer program to figure out the spendable income. So that really is as far as we can go with that part of the process.
Once the net income is calculated it gets simpler. A statutory percentage of that net is deemed owed to the child for support. For two children (if I recall correctly, since the Dissomaster program does this for me so don't hold me to exact numbers) it is 40%. So if your net income for support is 2000/mo, you would owe the children 800/mo. If the father's income nets to 1200/mo, he owes 480/mo to the children. If you have 80% custody, you are then deemed to be spending (regardless of realilty) 640/mo on the children and owe only 160/mo for when they are not with you. He would be deemed to be spending 96/mo when they are with him and owe 384/mo for when they are not with him. The last step is the lesser owed amount is deducted from the higher owed amount to get the net owed. So in our scenario, the 160 you owe him while they are with him is deducted from the 384 he owes you for when they are with you and he winds up with a net support payment of 224/mo payable to you. As you should see, as the ratios of time and net income shift, the results vary dramatically. In this scenario, at 65% custody to you, he would still owe you a token payment, and by 60% custody to you, you would be owing him a little.
There is good information on child support calculations at the website for the California Department of Child Support Services web page.
Can you legally cut a limb from a neighbors tree when the limb hangs onto your property?
Yes.
What can I do if my attorney did not perform his duty in court and I lost the case? I was involved in a car accident which I was rear ended, sustained herniated discs in my neck and back. My attorney failed to supena my primary care physician for the trial. He had experts only. I lost the case because of this. After the trial, my attorney spoke with a few of the jury people to ask why we lost and they said because they didnot hear from the primary doctor. Since the trial, I have not heard from my attorney and he has not even bothered me for payment for his services. He refused to contact me since the trial also. What can I do and how do I go about it as I am in pain and need medical attention which I have no insurance to cover it.
The decision on what experts to call to testify at a trial rests with the attorney because it is a matter of trial strategy although he should have explained to you his decision not to call the primary treating physician. Primary treating physicians usually are good doctors but lousy witnesses in court and often also don't want to testify and are not cooperative. Expert medical witnesses now how to testify and are paid a lot for doing it so they are cooperative and take the time to prepare.
You would not be able to prove that you lost the case because the primary treating physician did not testify. That might have been one of the many things the jury considered but it would not be reasonable to decide the case against you just because of that. In fact, the testimony of the primary doctor could have made the chances of losing the case even greater.
Apparently there is nothing more to be done in your case. Your case was tried and unless there are legal grounds for appeal and the appeal is filed within the time required by law then the case is over.
Sorry to hear that you lost the case but losing a case does not necessarily mean that it was your lawyer's fault although I can understand why you feel that way and will probably always blame the lawyer for the bad result. Lawyers are used to being blamed for all the bad news and having the clients tell them how easy the case was when the case is won. All jury trials are a gamble. That is why most cases should be settled if possible, even if you don't get all you think you deserve.
I have had about 25 years experience as a defense counsel and 5 years as a plaintiff's personal injury attorney [mainly automobile accidents]. What Mr. Carballo says is true. Few of the jury trials I had came out the way I think an objective, knowledgeable attorney would image they would; in some my result was better than it should have been and in others it was worse. Going to trial, even a court trial, is a big, costly gamble; no more than 5% if the civil filings ever go to trial. Some jurors are very sharp, most allow their own biases to play a large part in their decision. Most smart jurors are removed by the attorneys during jury selection, as they are seeking people who will vote for their side.
For some time now, jurors have been giving very small awards to victims of rear-end accidents [and way too much for some other types of cases]. Treating physicians often do make poor witnesses and they are more likely to say than an expert the plaintiff's symptoms should not be as bad as reported, because 99% of their cases are relatively minor and people recover. I once cross-examined a defense expert witness who said on the stand that everyone should recover from an injury within two weeks; I asked him if that should include hamstring strains, etc.. Everyone in the legal community knew he never found anyone significantly injured; I thought he made a fool on the stand and would shock the jury when they hear how much he was being paid. They had no doubt his testify was correct.
I am sorry, but that is how the legal system operates. The attorney did not will you because if you did not win he got 33 or 40% of zero, plus had to pick up the thousands of dollars for the experts, court costs, etc.
