Is it possible for grandparents with full custody of their granddaughter to transfer custody to the child's father? To speed the process, is it possible to give them temporary custody, until it becomes permament? How long approximately would that take?
The case involves a 10 old child, whose mother relinquished all her parental rights.
Children are not personal property to pass around. The parties need to see a lawyer to determine the best course of action.
My brother is the power of attorney for my parents. They had a falling out and he refuses to send them copies of their will, insurance forms (which they signed over to him), DNR document, etc. They foolishly do not possess copies themselves. They are worried that he may amend documents or do something else malicious in nature. Is there legal recourse? Should they be worried?
Your parents can re-execute a power of attorney and a Will and make any desired changes. On a re-execution they can remove your brother as the attorney in fact on the POA. After he is removed they can send him a notice informing him that he is been removed as the attorney in fact in their POA. Insurance documents such as who is the beneficiary can be re-executed by contacting the respective insurance companies for the appropriate forms and procedures. All of the mentioned suggestions should be brought to an attorney for proper execution and legal guidance.
what happens to property when someone dies and there is no will and no next of kin.
My dad bought some property and gave it to my uncle, my uncle passed away and did not have a will and he has no next of kin
Your uncle does have next of kin - you and his other relatives.
Can I fight for custody through Family Court without a lawyer? I can show many instances of neglect, but I don't have the money to afford a lawyer to fight for custody.
Yes you can represent yourself "pro se" in Family Court. Go to Petition Processing in the Courthouse to request a modification of custody petition.
Medical Malpractice/Personal Injury
I recently had surgery at a local hospital and contracted a serious infection. Due to the recent loss of my health insurance , I have incurred several medical bills and other expenses, yet alone the pain and suffering I endured. My question is do I have a case?
Re: Medical Malpractice/Personal Injury
It depends. No case is complete without the element of both Fault, and damages.
If you are injured slightly through the fault of the hospital, but you miss no work, have no real pain and are able to do all you could before the accident, Then no you do not have a sufficient case.
Likewise if you had terrible damages but thru no fault to the hospital there is still no case. There must be both liability and damages for the case to be viable.
Re: Medical Malpractice/Personal Injury
Additional information is needed to make a reasoned determination, such as the type of surgery, the cause of the infection, the type and extent of the infection and the resulting pain, suffering and monetary damages. Please feel free to contact me to discuss this further.
personal property
What is our legal resposibility to keep someones personal property in our basement if they refuse to get it out? Can we be held liable if we send it to goodwill? The person never lived at our house. We stored her stuff for her while she was in jail. She has been out since Feb. and has made no effort to get her stuff.
Re: personal property
You have no obligation if you have given them notice. Make sure you send the person a LETTER, keep a copy, and tell them that you need the space and you will sell the items to goodwill. If she sues, which I doubt she will, then you will need to wave as many letters as possible in court that indicate that you made all reasonable efforts to contact this person. Please also note in the letter that you were NEVER paid anything for the storage. The letter is the safest thing to do, so make it look good.
Daniel Cevallos
Law Offices of Daniel L. Cevallos, PC
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The reason my husband and I chose to move into our duplex is because our landlord said that it was ok for us to have a cat. It has taken 5 months but we went to adopt a cat yesterday. When the Humane Society called to confirm the landlord said that due to an incident with another tenant he no longer allowed pets. I was never informed of the change. I am currently suffering from PTSD and depression and my doctor advised me to get a pet. what I went through was detrimental to my mental health. We have also found other things that he blatantly lied about.
Your lease agreement controls. Does it address your right to have pets? Have it reviewed by an attorney.
My e-wife lost her job and filed to raise my child support. It was raised in Febuary 2012. She has since begain working again and my oldest son turned 18 in August 2012. I filed on November 2nd to have my support lowered. We were encouraged to go to mediation but she will not go and my cout date is not until March 5th of 2013. My question is will I get back any money I have over paid her for the 5 months until our court date? I live in Virginia
Yes, the court likely will consider awarding you reimbursement/credit
for such overpayments if it finds that your support obligation should
be lowered to accord with the change in case circumstances you've described, and that these same (or very similar) circumstances prevailed in the case for these particular five months, and that the payee bears primary responsibility for the matter being delayed until March of 2013 for a proper disposition.
What law is or if you commit a felony for the first time you can get it taken off your record.
It is called "setting aside a conviction." It is also sometimes called an expungment or expunction. To qualify, this conviction must be at least 5 years old, and it must be your own and only misdemeanor or felony conviction (or, you can have up to two additional misdemeanors from when you were 17-20 yrs old that carried no more than 90 days possible jail and $1,000 possible fine). You have to follow a strict process including filing a form with the court where you were convicted, serving both the prosecutor and state police and attorney general, and providing the state police with copies of your fingerprints so a criminal history check can be performed. Remember, even traffic misdemeanors like driving on a suspended license will count against you, and I have seen many people not qualify because of such a conviction. (DWLS is a 93-day misdemeanor so it is not an excusable "minor offense" prior.) I urge you to consult with an attorney in private practice who handles these hearings to make sure that the your eligibility has been fully researched, the right documents are filed, hoops jumped through, and best argument made in the eventual court hearing.
if a police officer denies your write to speak has your civil rights been violated
Probably not. The circumstances would need to be examined.
i received a upm the other day and need to go to court. i had a cpm 2 years ago that got put to an ACOD, and i stayed clean for the year so it was expunged. my question is will i be eligible for a second ACOD?
Most likely, you will NOT be eligible for a second ACOD. The purpose of an ACOD is to give a defendant an opportunity to have a case dismissed as a first time offender. Therefore, the logic behind it somewhat precludes offering an ACOD to a repeat offender. You should speak with a criminal defense lawyer -- preferably one who handles a lot of marijuana cases.
http://www.criminalpossessionmarijuana.com is a good place to start. Free telephone consultation and referral on request.
Best,
a debt collector was awarded a judgement against me without my knowledge of a court case. they said i was served at an address tht I haven't lived at in over 7 years. since i was not served and they told the court I was, what can I do. Is it considered fraud that they told the court I was served an actually wasn't?
You need to try to reopen the case and seek a relief from judgment because of the Plaintiff's failure to serve.
This needs to be done right away. Depending on the size of the case, you might want to hire an attorney. If you decide to hire an attorney, I am available to discuss the matter with your further.
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Can an employer decide to shorten the pay period at their discretion? HR mgr won't be in on the normal day that payroll is processed, so she is doing payroll a day early, therefore leaving workers 8 hrs short on their paycheck. The next biweekly pay will then be for 88 hrs. If it's okay to shorten the pay in one period, do they have to pay OT for the extra 8 hrs on the next paycheck?
Your employer can permanently change the pay cycle, for example changing from weekly to biweekly or Sun-Sat to Tues-Mon, but cannot make individual changes from week to week.
The employer does not have to pay overtime on the missed eight hours because the pay should have gone on the right paycheck but the employer may be liable for penalties for delayed payment. However, if your employer is going to pay overtime on the eight hours it might be worth the delayed payment.
Divorced in AZ for 5 years with joint custody. I now reside in CA. My 16 year old son wants to move to CA with me full time because of neglect from his Mother. What is necessary to accomplish this?
You will need to file a petition to modify the current orders. Asking that the Court interview your child may be of assistance due to the allegations of neglect. Of course there are many other steps you should be taking. You can look at the Maricopa County Court website for the forms necessary. You may also call for a free 30 minute consultation at which time we could discuss your case with more specificity. The Owsley Law Firm, 623-748-8973
My Mother was given an Act of Habitation to occupy my home. Her husband was not included in the aggreement so in retaliation he is distroying the house by not keeping up the property and allowing large invasive plants that he planted to grow out of control and allowing the large plants break up the brick planter and foundation. He painted over the kitchen cabinets without my knowledge and built a wood deck against my wishes. My question is, "Do I have the right to evict?" I have sent a notice to vacate and they have been served a formal eviction notice and they will not respond and refusing to leave as the agreement says my mother has the right to live in my house until she dies or sooner on failure to comply. I would think this situation falls under failure to comply. Looking forward to hearing from you. Thank you
If you gave her usufruct over the home, that is use for life. You can sue her for failing to preserve the property and the court may order her to move.
My brother is in jail, he is looking at 9 charges, he has been offord a plea bargain to except 4 of the charges for 4 to 10 years in prison if not he was told he might get 10 to 20 years if he goes to trial what should he do?
There is way, way, too much information needed than presented to answer that.
Contact an attorney.
he should get a lawyer
if he has a lawyer, he should trust his lawyer
if he does not trust his lawyer, he should get a new lawyer
too many things affect this decision for anyone to answer your question on the facts you have given - likely you do not know all the important facts and there is no reason you should
If it is a good deal he should except it, if it is a bad deal he should reject it. There is just not enough information for any attorney to give a well founded answer. If he has an attorney he can get that attorney's opinion, which would be based on facts of the case, statutes, case law and several other factors. If he does not have an attorney he should get one to go over the above factors. Sorry this answer cannot provide better answers, but simply put, much more info needs to be provided.
I am divorced, joint physical and legal custody. My ex wanted to get our 5-year old's ears pierced and I said no, until she was old enough to care for them herself.
Her solution, she had her 18-year old daughter (not mine) take our child to get the ears pierced, thus mom didn't do it! The older daughter signed as the parent. What can I do to stop this behavior from happening again? Is this a criminal or civil matter?
It is not a criminal matter. It can be raised in family court or in mediation of family disputes. Ultimately, however, such decisions are difficult to stop. Choose your battles wisely.
Maury D. Beaulier
Attorney at Law
Hello. I urge you to address this matter immediately. Criminality certainly does appear to be involved, but whether the matter would be prosecuted or not is a separate issue. Yes, definitely there are civil issues and I urge you to seek detailed attorney counsel with no delay.
Tricia Dwyer Esq
Ph 612-296-9666
Tricia Dwyer Esq & Assoc PLLC
CRIMINAL LAW
FAMILY LAW
DIVORCE LAW
POST-DIVORCE LAW
CHILD CUSTODY LAW
FAMILY LAW MEDIATOR
PARENTING TIME EXPEDITOR
IF i bought a car from a used are lot and they sale me a bad car, but they refused to give me my money back before the warranty expired but they just keep giving me the run around, Can I sue them for my money back?
You may have some relief under a 'lemon-law' type statute. There are not enough details provided to know. You may need to contact and attorney to see if you are eligible/ and or do some research on the CA lemon law and see if your situation satisfies the requirements.
My husband and i have been separated for about a year and he has never given me child support for my one year old son. I signed the divorce papers wich say he will have him one week and i one week. He hast turned in the papers. I signed them because he said that he was only going to take him some days but now he told me he was going to get him the full weeks. Am i obligated to sign the papers if he takes them? An how can i make him pay me all the money from were he stoped giving me money for my son.
Your question is very unclear. What papers has he not turned in? What papers did you sign? What papers is he asking you to sign now? There should be at a minimum a divorce decree, a marital settlement agreement, and a parenting plan. Do you have copies? Were they filed with the court? resubmit your question or call me at 505 662-5900, or my cell 505 280-3110 and I'll try to get your question straight and maybe I can answer it. No charge.
I have been a resident at my grandmothers home for 8 years. My grandmother died. My mother and my aunt are telling me I have to leave. What are my rights?
Depends in part on the arrangements you had with your grandma. Most likely you have a month-to-month tenancy, but with the right evidence a year-to-year, which could give you more time. Either way, the 'next in line' to the ownership of the house is entitled to take legal action: that would be the trustee if title was in a trust, or executor if there was a will, or administrator if there was no will (or trust). So your mom and aunt need to fork over some important papers; for all you know your grandmother left the house to you!!!! Time to hire an attorney to help get to the bottom of it. But beware of 1 thing: being a tenant on the one hand, and potentially inheriting the house on the other, are very possibly completely separate legal issues, and while it may not be a nice thing to think about it is possible you may not be allowed to live there until the inheritance is confirmed in a probate court!..... Again, without more info, time to see a lawyer to help you get it figured out.
I live in nc, and bought my house in 2010. My neighbor has lived in his for 5 yrs. His lot is situated lower than mine amd behind my lot is a hill owned by the hoa. He recently.tells me that his yard is being flooded by "my" water and i have todo.something about it. My lot is the same as it was when the subdivision was developed, i havent made any alterations of any kind. How can this be my problem? He is threatning to sue if i dont fix. Most of the water comes from the hill behind my home that isnt even mine it just comes across my yard. So all of a sudden hes not happy with the layout of his lot and wants me to make it to his liking! Can he sue me? Or is it frivolous? Thanks
Anybody can sue anyone else at any time for any thing. Can he sue you? Yes. Are you liable? Probably not based on the facts and circumstances you have related. If there truly is nothing that you have done to your property to alter the water flow then there is nothing that you can do. Water coming from a hill on adjoiniing property is not your problem. Since there is an HOA, many communities have something in the declaration and covenants and the property owners cannot significantly do anything to disturb the drainage and these matters are the responsibility of the HOA. This matter obviously needs to be brought to the attention of the HOA and if there is indeed a problem, they may need to fix this, not you.
However, I would review your declarations and covenants and consult a real estate litigation attorney in your area if need be.
Can my husband take custody of our child with proof of adultery?
Adultery is relevant for property division.
If you introduced the person to your child, that might be relevant.
Adultery is very difficult to prove in court.
Hire an attorney immediately.
Look on this site and on www.avvo.com for an attorney.
I was hurt at work over 3 months ago. injury to my back I had no pain when released now my back is hurting again and I no longer work for that employer due to severe safety hazards. Also can no longer persue my college degree which was firefighting due to my back what do I do? I have a lot of pain now due to my past injury.
You need to talk to an attorney who does WC cases and see what's what. It does not matter that you are now working for a new employer if when you were hurt the injury was work related and your were employed. Contact my office as we do this sort of cases all the time.
I hope this helps-
Every day you wait to consult an experienced Workers' Compensation attorney, you decrease the likelihood of EITHER a good physical result OR a favorable Decision from the Commission.
Find an experienced Workers' Compensation attorney on Law QA. Attorneys on Law QA want to help you but they are NOT permitted to solicit your business. YOU must contact them.
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My husband was in prison for a year in Ga. I lost everything and had to move in with my daughter. He is out now and refuses to support me. Does that violate his probation?
How would we know the terms of his probation?
He has no duty to support you unless you divorce him and are awarded alimony. If he is not supporting a minor child that would be a different question. So unless there is something unusual in his probation order (and you didn't tell us what was in it), the answer is no. Was there some reason you decided to not tell us what was in the order?
Can a newspaper list a minor's name and picture in a crime investigation although he is not being tried as an adult?
Yes
I have joint custody of my 16 month of child . The mother is custodial parent. .she is putting her in daycare without my consent . Is this legal
You'd have to discuss this with a lawyer but if you don't have to pay for it and your parenting time is not impacted, I don't see how you can complain unless you come up with something.
As long as there is no Court Order to the contrary, it is legal. I think your real question is whether or not you can object to same and if a Court would prevent the child from being put into day care. That would depend on what alternative you have. For instance, if you stated that you want to be with your child instead of the child being in day care, then a Judge might say that is a good reason. If the child is being put in day care because she needs to work and there is no other alternative, then the Judge would side with the mother. Essentially, you would need to establish a good reason why the child should not be in day care.
Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. You will only be able to rely on advice from an attorney who you have actually retained. Good luck! Rob Gleaner
i was locked out of my apartment by my now ex w/o consent of my landlord. my landlord will not get involved, and the police say i have every right to be in the apartment, but won't do anything. my stuff is still there, and i have since had to pay for a new place since i have a young son. what can i sue for? what is the statute of limitation on landlord tennent law in Pa?
The landlord really has no obligation in this matter as the dispute is really between you and your ex. You may file a Complaint for Possession against your ex in your local District Justice court based upon the lease agreement. If you are successful, you can have the judge issue a Writ of Possession which you can then take to the Sheriff's Office who will physically go the apartment, and if necessary, break the locks to allow you to gain entry to the apartment. It is not the landlord who is keeping you out of the apartment--itis your ex. As long as the landlord is getting paid his rent, I'm sure he doesn't want to get involved or assume the liability of letting you in.
You didn't say whether your "ex" is your ex-spouse or ex-girl/boy friend. This could have a bearing on how this all turns out. the best thing to do would be to meet with a local lawyer and explain the situation to him/her. The fee for a simple cosnultation should not be too much, and the lawyer can explain your options to you.
what is the statue of limitations after a divorce.she ows me a past loan, i need to know how long i have to claim on it?
Generally, 6 years from the date of the agreement or date of last payment, whichever is later.
Mike.
Is it necessary to state dollar figures for damages at this time? Instructions for Mandatory Settlement Conference Statement requests a list of all economic & non-economic damages claimed in this case & whether there is a claim for punitive damages. I do not want to state figures yet because opposition is an HOA & if HOA discovers the amount for which I am suing then HOA members will probably become adverse to testifying on my behalf. Although I will claim economic & punitive damages, a dollar figure has not been calculated. I will need assistance on such. Can amount of damages be deferred to trial?
California Rules of Court 3.1380 states that the amounts are required:
(c) Settlement conference statement
No later than five court days before the initial date set for the settlement conference, each party must submit to the court and serve on each party a mandatory settlement conference statement containing:
(1)A good faith settlement demand;
(2)An itemization of economic and noneconomic damages by each plaintiff;
(3)A good faith offer of settlement by each defendant; and
(4)A statement identifying and discussing in detail all facts and law pertinent to the issues of liability and damages involved in the case as to that party.
The settlement conference statement must comply with any additional requirement imposed by local rule.
So also look at the local rules. Settlement is an important issue to the Courts and therefore you will likely be required to provide that information.
The purpose of a mandatory settlement conference is to give the parties, with the assistance of the judge or other neutral who will conduct the conference, the best possible shot at reaching a voluntary settlement of the case without the need for going to trial. If a party withholds or misrepresents its true position with regard to settlement by a substantial margin, this reduces the chance of reaching a settlement, and might subject the party to the judge forming an opinion that the party was unreasonable. Mandatory settlement conference proceedings are not confidential (see Advisory Committee note to California Rules of Court 3.1380(d)), but I think the chance of what you fear happening, and its consequences, presents less of a risk to your litigation position than being candid but realistic in presenting a settlement demand. Your settlement demand in an MSC does not limit what you can ask for at trial, if one becomes necessary.
I was recently terminated. In California I believe they must return my tools to me at there expense. Is this true?
No. But you certainly have the right to go take them, and should have done so at the time.
I recieved a citation in Marion county, IN, for speeding 75 MPH in an inactive construction zone (45 MPH limit) on an Intersatate highway, including the automatic reckless driving citation, but not for a construction zone violation. There was no accident, and no alcohol involved. This occured on a Saturday, and no workers were present. I have had no tickets or accidents in the last three years.
I live in Virginia, would an attorney I hire be allowed to be my proxy in court? Obviously I would like to avoid appearing in person if possible. What is the likely fine? Could the Indiana judge suspend or revoke my Virginia driver's license?
I suggest that you hire an attorney in Marion County who is familiar with the traffic court judge and the prosecutor. He or she would know what the specific practice and custom is in that courtroom. There could be fines, probation fees etc. and court costs so I can not give you an estimate. A local attorney will be able to. Good luck.
I have been working for a company for 3 months and today they tell us that they have withheld 3 days pay so that when you decide to leave you will have more money. However they say they will hold it even if we stay for another 5 years. Is this legal in the state of California?
I would have to see exactly how payroll is calculated for your company to be sure, but at first blush it seems likely that the policy is unlawful.
A good summary of the law in California on this issue is here: http://www.dir.ca.gov/dlse/faq_paydays.htm
If your company is in violation of the law on this issue, you may have a right to bring an action on behalf of all your company's employees pursuant to a law commonly known as PAGA (Private Attorneys General Act). You would need to personally speak with an attorney about filing a PAGA claim, however.
Please let me know if I can be of more assistance.
It is unlawful for a CA employer or company in another state which employes individuals within CA to withhold a paycheck for any reason. It is unlawful for the company to take 3 days' pay and "hold" it until you leave the company. 949-481-6909.
Ms. Karila is 100% correct.
Can AAA cancel my insurance policy even tho I paid for 10 month insurance?
Yes, if you violated the terms of the policy in such a way that it says it can be cancelled. They may or may not owe you a partial refund, again depending on the terms of the policy, but they most certainly can cancel you if you your conduct entitles them to do so under the policy.
Contractor place a bid on work, contract was signed, now contractor wants more money to
complete work he has started
1. You haven't asked a question. 2. You provide no information about why the contractor thinks they are entitled to more money.
There are many situations in which a contractor is entitled to a contract modification increasing the contract price. There are many other situations in which a contractor may need or want more money for the job and not be entitled to it. All depends on the facts and circumstances of the job and the terms of the contract. So with no information and no question, I can't help you.
my husband and I are getting a divorce after
38 yrs of marriage.His lawyer has set a
date with the court, for trial on merits,
because I havent sign the final decree.
I will be signing the final decree prior to
trial. My question is, if decree is signed
prior to the trial , why would the trial
still have to take place.
If you sign the decree, there will be no trial. I really hope you have a lawyer advising you.
i lent my ex husband quite a bit of money and altho he was once very conscientious about paying it back, he has now decided he'll do it on his terms..like when and what he chooses.
we have nothing signed formally but he did sign a letter stating his indebtedness to me for his taxes;
i have all the records and receipts regarding the loans, but i was wondering if there is any legal action i could take to ensure a stated amount each month is paid in a timely matter.
thank you
It would be a good idea to get a new written agreement from him that acknowledges what the total debt is, and states what the payment terms will be.
One thing you need to look out for is the Statute of Limitations. If 4 years elapse since the latter of him signing an agreement to pay, or making the last payment, then you may not be able to legally collect from him.
If he isn't willing make an agreement to start making regular payments, you could file suit against him.
What can i do when collections are seeking payment from only me when its a two party debt
Often a two party debt will have both debtors jointly & severally liable - that means that each person is fully responsible for payment. The debtors might have claims against each other if one pays more than their fair share but usually can't escape paying just because the other party is not. Much depends on the specifics of the note/debt, so look at the paperwork and seek an attorney review if unclear. Note that Maryland law does offer certain exemptions, so if the creditor attempts garnishment/collections, each debtor may be able to exempt certain property.
The above offers general legal information and should not substitute for an attorney review of the specifics of your situation. This post does not create an attorney-client relationship or offer specific legal advice.
While the creditor cannot collect more than the full amount owed, it can collect that sum from either or both people responsible for a debt. If it collects more than half from you, you may have a claim for contribution from the co-debtor.
Can a university withhold a student's FAFSA funding for unpaid university parking tickets?
Usually when you enter into a financial aid contract, there will be a statement about what the university can withhold pending payment of the loan; e.g., they may not issue a final transcript or a degree until the outstanding loan is paid. However, from your question it seems that they are not releasing financial aid until the tickets are paid for. My preliminary belief is that they cannot do this, unless you contracted with the university in writing, promising to pay tickets as a condition precedent.
please explain to me what procedure need to be taken to have 2 vehicles towed off of my private property. neither vehicle is registered in my name. i am the owner of the propertty and the vehicle owner has been told repeatedly to move his vehicles off of my property and he refuses. he does not have my consent to be parked on my property and one of the vehicles is an rv which he has parked 3 feet away from the entrance of my private garage, so i can not access it. i want to call a tow company to comew and get these vehicle but is there any notice that i have to give?
If you have not done so, I would first contact the police.
Im going through a divorce, and I am a military spouse w/child. What Am I entitled to financially?
What you are entitled to will depend on many factors. Military compensation requires specialized experience. Seek out an attorney to represent you who is experienced in divorce cases that involve a military spouse.
Many factors affect the answer including the length of the marriage and financial respources of the parties.
Feel free to call me if you are near metro Atlanta with details: 404-768-3509.
My friend got pulled over. I pulled my car over and got out of my car and began talking with my friend (trying to give him support) the police officer (whose was back at his car) told me to step away. I told him I was his friend and the officer still told me to back off. Was it illegal for me to talk with my friend whose been pulled over?
Not necessarily, but for officer safety, and for security purposes, the officer has to exercise extreme precautions at times, especially in this day and age.
It was legal for you to talk to your friend, it was also perfectly legal and appropriate for the office to ask you to back away.
To the officer you and your friend are too strangers who could be law abiding or fugitives from justice. He was trying to exercise control over a situation so that the two of you could not overpower him. You know that you are a good guy, but he does not and his life might be lost if he is not vigilant.
It is not initially illegal but if the officer is telling you to back away then is quite foolish not to listen. You do not say why your friend was pulled over but if you persist in speaking to your friend when the officer is advisng you to back away, he could potentially charge you with a hindereing or obstruction of justice if your friend was found with something illegal. The Officer was also exercising caution. If the cop told you to move away and you continue to talk to your pal because you think you are being a great guy, what you are actually doing is failing to exercise common sense. In the future wait until after the officer leaves to be a pal otherwise you are looking to perhaps make a difficult situation worse.
My boyfriend owns his own company and he is jail for the next 6 months. He wants to give me power of attorney how do I go about getting one?
Go to an estate planning lawyer. have him prepare a power of attorney for your boyfriend to sign, take a notary with you to the jail, and have him sign it front of a notary and notarized at the jail.
In my divorce I was awarded ownership of the house. Due to the house being 'upside down' I have been unable to refinance to get my ex-husband's name off the loan. I was just notified that my ex-husband is filing Chapter 7 bankruptcy with his new wife and I am wondering how this will impact me and the house.
Absolute Law Now would be a good time to consider filing Chapter 13.. Chapter 13 allows you to lien strip second or third mortgages and get your loans level with water.
what are the consequences for a aggravated battery charge for a 1st time female offender/domestic in the state of florida? if the victim does not wish to press charges can the state still persue?
It depends on how you score, but usually the bottom of the guidelines is close to 6 years prison with a max penalty of 15 years prison. Just because the victim doesn't want to pursue, doesn't mean the state will not pursue. They often do. Obviously, you need an attorney to help you.
I would like to know what is the statue or law with regards to being told by a CHP officer to to show up for an arraignment, and not be present himself, does that constitute an automatice dismissal of case?
They don't have to be at the arraignment - just a trial if they are subpoenaed. If they aren't there at attainment, your case will not be dismissed.
If a husband has volunarily agreed to terminate his parental rights six years ago and he continued to pay 1,200 plus a month in child support for his two children and has kept in phone and several visits throughout this time. He originally agreed because he lived in Floria when his ex wife lived in NY. Now he lives closer and would like to have his children visit at least once a month as he is current on his child support.
Can he petition to have visitation rights as his ex wife only allows him to see the children a couple times a year ?
Yes, he may
seller and agent did not disclose non permitted septic system change until after we signed for the loan and gave deposit. Is this legal? Can we hold the listing agent responsible for the money we are out for inspections, and deposit, etc. ?
If we would have known there was non permitted septic work done we would have not submitted a offer, or would have submitted a substantially lower offer.
Now what do we do?
Take your purchase and sale contract and any other relevant paperwork to see a competent real estate attorney.
The real issue is whether the seller or agent knew, or should have known, the facts about the septic system. A seller and his agent are only charged with disclosing what they know. An agent (or his broker) representing the seller has, however, a duty to investigate, at least to some extent. You might want to look up and review Civil Code sections 1102 through 1102.17, especially 1102.6, regarding disclosures. Assuming the seller knew or had reason to know that the septic system wasn't permitted, and failed to disclose that, you have a strong case.
we purchased our home in 2001 in Virginia. The previous owner had installed an asphalt driveway which encroaches on the neighbors property about 12 feet. The neighbor had given him permission to do so. Now she is selling her home and the title insurance company will not insure due to the encroachment and want the portion of the driveway on her property removed. What recourse do we have and how much of an encroachment is acceptable for title insurance purposes
Your appropriate recourse (in my view) would be to tell this neighbor
that she has your permission to have this asphalt encroachment
removed (at her expense, of course).
i have a 8 month old daughter, and the mother and i were never married she doesnt work with me on seeing my daughter, how can i go bout setting up visitation and child support so i can see my baby girl?
Petition the court to set up parenting time and support.
Joint Custody and Relocation in MD
If I share joint custody, what is the maximum amount of distance I am able to move from the father? I heard it was 50 miles but I am unsure. Thanks.
Re: Joint Custody and Relocation in MD
There is no such rule. Sometimes in marital settlement agreements where the parties are sharing custody, they will put in a provision that requires them to live within a certain distance from one another, so that if one of the parents moves outside the distance, the remaining parent can demand that the moving parent give up joint custody.
Re: Joint Custody and Relocation in MD
I am assuming that the parties have not agreed to the matter in writing.
Since joint custody was granted in a Maryland court the judge will decide based on evidence as shown in the prior record. A material change in circumstance needs to be shown to modify a prior order.
Hardship which affects visitation may be considered to be a material change in circumstance.
If custody was awarded in another state you should contact an attorney in that state.
i quit paying on a credit card approx 4-5 years ago, after several attempts to work something out w/ the creditor that i could afford. i have received a couple of letters in the last couple of years from a law firm stating they are in charge of collecting the debt and thus far i have not contacted them but as of 1 day ago a letter was sent to my employer asking for verification of my employment. i was told to make sure nothing got sent to them again and was given the letter. i've been told they won't get anything i make $9.50 per hour (38 hours a week) but am now getting worried they may go for a garnishment. i live check to check just trying to keep up with bills and keep a roof over mine and my son's head. i am wondering if this is done how much could they take from my checks? thank you.
The basic rule of thumb for wage garnishments is that the creditor gets 25% of your net wages, which deduction continues for 13 pay periods and can sometimes be extended until paid in full. Although employers are not supposed to fire employees who get wage garnishments, many often tire of the paperwork and eventually find an excuse to fire the employee. You should therefore immediately seek advice from an experienced bankruptcy lawyer, since the vast majority of wage garnishments can be prevented by filing one single bankruptcy proceeding which leads to the legal forgiveness (aka "discharge" ) of all of your debts and preventing all future garnishments at a total cost relative to one or two thousand dollars. There are exceptions for certain types of debt such as drunken driving accident damages, student loans and crime restitution. Attorney responses on this public website are intended only for public educational purposes rather than as legal advice for your specific situation. Responses to your questions therefore do not create an attorney client relationship between us and should not be relied upon for making any important decisions until they have been reconsidered by your private attorney. You are; however, welcome to contact my office in Racine to discuss any additional questions which you may have or to seek private advice intended for you alone. Answers on this website may also contain attorney advertising materials.
My brother is the Son-In-Law of a "Settlor" of an estate who suffers from dementia and has been in the care of her daughter (brothers wife) who recently passed away. The "Trust Particulars" section names my brother's deceased spouse and his daughter as successor trustee(s). My brother and his spouse both lived in the same house where they cared for "Mom" the "Settlor" of the estate. Can his daughter transfer the durable power of attorney to her father? Can she name him as an alternate successor as she is? How to go about this?
It would depend on the terms of the trust document. The current trustee should consult and attorney.
I agree, the terms of the POA and Trust dictate.
I would be happy to review the documents for your family. My telephone number is (925) 362-1725.
the language of the documents is the starting point. you will need to retain a qualified attorney to resolve the numerous issues raised by this situation and provide you with recommendations for action.
I went to Mcdonalds and bought some apple dippers and as I was eating them I felt they were too bitter. I looked for the expiration date and saw that it was 13 days ago. Could I sue for Mcdonalds giving me expired food?
You may sue for what you paid for the apple dippers. You may also file a complaint with the Board of Health. However, unless you were made physically sick by the apple dippers, you would not have a personal injury cause of action.
Mike.
can I get my rights back after felony conviction in 1993
You might be able to get the conviction expunged, or otherwise get some of your rights reinstated. It will depend, among other things on what felony it was and what you have been convicted of since. You need to consult directly with an attorney in your area.
What happens when the dates of arrest and dates on paperwork do not match?
For what purpose? No way to answer this question as posed.
Is it illegal for an 18 year old male to date a 15 year old female?
It's illegal in Missouri for them to have sex. U can go to all the movies u want.
I have had no lease since April of 2013 so it's an assumed month to month lease. The current owner of the townhouse I'm living in either wants me to take over the mortgage or they want to sell it. I found another place to live and need to know if I can give 30 days notice tomorrow so I can move out by June 15 OR do I have to give them 30 days notice starting the beginning of June so I wouldn't be able to move out until July first. I don't want to lose my deposit. I of course would pay the rent from June 1st until June 15th
If your rent is due the first each month , then you need to give 30 days'
notice before June 1.
You can give notice now, but as a month-to-month it won't be effective until the end of June. If the landlord wants to re-rent it sooner, you might be able to cut a deal but if you wait til June 1st, that probably won't happen.....
can i use my last my rent deposit as a last month rent
Technically, No. Unfortunately for landlords, tenants do this all the time.
The place to start is your lease. It may say. I draft my leases so that the landlord takes two months deposit, but agrees that if the tenant requests an inspection before the last month's rent is due, and the premises look in good enough condition that it will not take more than one month's rent for cleaning, repairs, etc., then the tenant will be permitted to use 1/2 the deposit toward last months rent. Other landlords take 1 month deposit and last month's rent. If your lease is silent on the topic, however, then you will be subject to a 3-day notice and eviction if you do not pay the last month's rent when due, unless the landlord consents to applying the deposit to the rent.
What are the laws in georgia for termination of guardianship?
The laws are available at any law library and online. If you have a specific question, rather than asking us to recite all laws that could possibly be relevant, please re-post the question and all relevant facts.
if my ex-husband steals things from me, can he use it against me in court? no its not illigal, but is a tool to do something illigal. and yes he would admit to stealing it in court. stealing multiple times many things, some of which has no rrelavence. its a family law issue, not civil, or criminal.
If it is not criminal theft, then he most likely can use anything relevant that he can get his hands on. It is possible that I could give you a more complete answer and/or refer you to local resources if I knew where you are located. However, LawGuru for some unknown reason decided to stop asking questioners for their zip code. That makes it impossible for us attorneys answering questions to provide a location specific answer. In many cases what county or even city you are in is crucial to the help we can provide, especially if you are asking a Family Law, Real Estate, or Landlord/Tenant question. If you appreciate my providing you this free answer, please take a moment to contact LawGuru Support and complain about this. Thanks.
A bar manager falsely accused my girlfriend of soliciting and said she can never return to bar. She is not in no way at all a prostitute. She is very stress and depress over the slander she received from that manager. Is this a situation she can sue?
If she is the only one that he told was a prostitute then she likely does not have grounds to sue. Defamation requires spreading that false information to a third party. If other people overheard (not counting employees of the bar) and she can prove other people heard it then maybe she has a claim although the opportunity to recover against the bar is probably less than the cost to pursue litigation. Defamation cases are very difficult to win and if the extent of the harm suffered in stress and depression then that's probably not enough to make it more profitable to pursue those claims than the cost trying to get that case to trial. However, all I know about your girlfriend's situation is what you have posted here. She should talk to a local attorney about her claims.
Divorce and child custody/visitation
My sister lives 5 hrs. from home. She is in the process of getting a divorce. She would like to move back home to be near the family. She has no one there to help her out with her single mom status. Can she move back home even though her soon to be ex husband does not want her to? And, how would that work with custody/visitation? He's an alcoholic who has been physically and mentally abusive. He is also addicted to porn.
Re: Divorce and child custody/visitation
Due to the complexities of her case, the potential move and the alcoholism, addiction to porn and abusive behavior, your sister should see an attorney as soon as possible. This forum or self help blogs or web sites will not be of much assistance to her. Most attorneys will provide a free initial consultation. She should ask for one.
Good luck.
Re: Divorce and child custody/visitation
You call her husband, soon to be ex. I assume that means a divorce has been filed. She can move any time she wants without any restriction before the divorce is filed but after a divorce is filed a statute applies. If she has filed for divorce, she needs to have an attorney and if she does have an attorney then the attorney should be telling her these things.
In case a divorce has been filed and no attorney hired, I have some articles on my Divorce and Family Law Blog that might provide some information:
http://haslerlaw2.blogspot.com/search/label/relocation
I was served with a search warrant at my house. My son had come home just before the police arrived and parked his van in the driveway. One officer asked him if he could search his van which he said no to. But the other officer had already began searching the van and found what they were looking for in the house they found it in the van. Is the search of the van legal or can a lawyer have it thrown out?
If your son did not consent to the search of his vehicle, his lawyer
should file a pretrial motion to suppress the contraband evidence
which was found in his vehicle as a result of this nonconsensual search.
Is it legal to ask a potential nanny about her medical history and current medications?
If it's not in writing,
My boyfriend is currently in prison in Arizona and has a vehicular manslaughter charge here in california PC192 (C) . How much time can he get for that?
Thank you for clarifying the specific charge as set forth in the Penal Code.
Penal Code section 192, subdivision (c) vehicular manslaughter is a "wobbler." A wobbler means the District Attorney can charge this crime as either a felony or a misdemeanor.
If convicted of misdemeanor vehicular manslaughter, he faces up to one year in a county jail. If he is convicted of felony vehicular manslaughter, he faces anywhere from two to ten years in the state prison.
Me and a couple of partners recently bought a business. We have a few part time employees (they are minimum wage workers, each make about $100-$120 a week with the exception of one who makes $500 a week). Since we were in the process of transferring ownership from the old owner, we hadn't yet got worker's comp yet (we were in the process of getting it).
Last week, one of the employees took her car to get some gas, which claims was so she could take the car out on a job (she was going to be driving the other workers to the job site). While she was getting gas, her car got hit by another car. She got back to the office and said her back was really hurting. But she continued work for the rest of the day. A week later now, she's claiming that we should pay for the accident since her insurance wouldn't cover it as she was "on the job". She says she has a herniated disc. She hasn't showed up to work last week.
Are we liable for this? Is there any way we could get her insurance to cover this? We wouldn't mind covering the copay for her. Apparently there is no way to backtrack the date for the workman's comp even if we do get it now.
If the facts are as you say, there is probably a covered workplace injury, and if you don't have worker's compensation, you may have other liability issues. You will have to pay the medical bills, but beware that that may not make the problem go away.
I have a modification of child support in indiana. I am located in Pennsylvania. How do I file a motion to participate by telephone? I called the clerks office (st joesph) and all they tell me is to go to in.gov. There are no instructions or forms on the website. I called these people 3 times, and they tell me people do it all the time. It's so easy. I have googled and searched. Cannot find instructions.
If "these people" are the folks that work in PA, they have no knowledge about whether this can be done. If you can't afford an attorney (which you should get if at all possible), then you have to petition the court where the case is pending. You can find that address online.
Standard medical condo deposits in Virginia? Specifically in the pre built time period
Don't have a clue as to what you're referring to.
I live with my husband at my parents house, I wanna fill for divorce, how do I get for him to move out of my parents house?
Your parents could evict him while you get the divorce process going.
What is the law in illinois concerning my husband's social security retirement benefits? Am I entitled to those benefits?
Hello. In most instances a wife is entitled to her husband's social security benefits if they have been married for at least 10 years. However, you should sit down with a lawyer and discuss the specifics of your marriage. Will be happy to discuss this further and in more detail.
I have a very litigious child custody case that has been going on
for 20 months...bottom line...its being litigated and coming down to
closing arguments..the other parent have used money, power and oppression
by using false allegations to the other parent. Me and my lawyer will
not pursue an action to punish the other parents (even though we have several proofs of the coaching that took place).WE want to move forward, clear
the false allegations and discuss visitation. My question is...what is the possible scenario,if me and my lawyer would pursue prosecuting the other parent for lying, false claims, false testimony by a coached child (with proofs).
An entrepreneurial attorney who conspired to coach a minor to testify falsely
against mother (yes they exist) and a parent who will stop at no means to not pay child support.This case have been going on for 20 months and asking the judge to punish the other parent for false allegations would create more problems and that is what we want to avoid.
I understand you would probably like a second opinion. However, If you have an attorney you should be asking your attorney these questions. Your attorney understands the facts of your case and understand the circumstances of your case. In this type of forum you can not provide enough information for an attorney answering questions to give you as accurate answer as you need. You are really doing your attorney a disservice and you are doing the attorneys on the board here a disservice. Trust your attorney and have them find out the answers to your questions.
Good luck
Ok so I'm 17 years old and I live with my mother and I want to live with my dad in ohio I dnt knw if I should become emancipated because my mom isn't treating me fair I have evidence that she has been rude to me and all but my father doesn't has shared custody what do I do?
Rude? Not "fair?" Welcome to the world of every other teenager in the world. What you do is get off internet forums like this, let your parents resolve any issues, and not do things that will only cause problems for you and them.
I have a logo that I want to get a trademark on but when I did a search on the US patent office site someone has the same name of the one I wanted to use but the logo is different. Can I still use the same name but with a differnt logo?
Possibly, but it would depend on several factors, including what business you are conducting. If you are a plumber and the other company sells movies; it may possible. You really are not going to be able to get a concrete answer in a forum like this. The costs of having an attorney handle this for you should be pretty reasonable.
I was in Hospital a year and a half ago for a Double bypass and ended up with an infected sternum I was wondering if I had a case against the surgeon? I went to him 4 times for a check up and he said everything was fine in the mean time the infection ate part of my sterum away! At first the doctor was a nice guy but after he found out about the infection he turnned into doctor hyde! He wanted a plastic surgeon to take over my case and they moved me to another hospital. Then the plastic surgeon was moving me to a long term care hospital the day I was being transfered the original surgeon came to my room an said"Do me a favor next time you feel sick and are going into hospital take some tylenol and man up". After all my treatments at the long term care place 6 months of agonising treatmets I returned home, the original surgeon had me come to his office and virtualy said he didn't want me as a patient any longer.
Your best bet is to have a physician review the records to determine whether your infection was a result of a deviation of the standard of care.
can a =n association force you to move outof a condo 2 months after move in, and lease signed and all monies given to the owner. The reason would be denial of background/credit check. I was never told of being part of an association till now. association
The association by laws and rules and regulations would control this situation. You need to have them reviewed. The owner of the condo needs to be involved. Seek an attorney's assistance.
what is the minimum and maximum sentence of someone bein charged with recieve stolen good, hit and run, and elude police?
Could mean time in a DOC facility, i.e., the state penitentiary, depending upon the number of felonies charged and of which the defendant is eventually convicted.
Landlord, Joe, gives tenant, Frank, a 3-Day Notice to Pay Rent or Vacate Premises. Frank fails to comply and Joe files an Unlawful Detainer case against him. Frank is then served a Summons/Complaint and has five days to submit an Answer to the Complaint. Frank submits his Answer and the court accepts it and sets a date for a Hearing.
Before the date of the Hearing, Joe gives Frank another 3-Day Notice to Pay Rent or Vacate Premises. Is this second 3-Day Notice still valid and can Joe use it to file a separate Unlawful Detainer case against Frank after the Hearing (the Judge granted Joe time to file an Amendment to the original Complaint)?
Yes, the second three day notice is valid. There is no requirement that the first unlawful detainer be dismissed, although that frequently happens in situations where the first notice would be legally invalid or has been successfully challenged.
In 2003 had a car reposed, in 2006 they got a judgement for the balance. Well they just showed up in April 2011 & took my only car, I have 2 kids with Autism. The car that they took was given to me by my late father, so it was paid for.Was it legal for them to take my only car? I live in Michigan.
Yes. They had a judgment and a car is a preferred item to take. You can head back to court to establish a payment plan, but you must act quickly. Tim Klisz. Kliszlaw.com
A lady ran the red light and hit my car and kept going last week. Police later found the lady and issued her 4 tickets. She admitted it was her fault. My car spinned around several times. Neither one of us had insurance. My damages are estimated at $9000. I found out her license is suspended and the car she was driving is not in her name. I called her to see if she wanted to work out a payment plan and she declined. I want to know if I can sue her and the car owner? I also have been suffering with severe anxiety and major depressive disorder and insomnia which has gotten worser after the accident. What can be done? Thanks!
You might want to first find out if the owner of the car had any insurance. If neither the driver nor the owner, and you also had no auto insurance, and the other driver or owner are not willing to work out any payment plan with you, you might wish to first contact the Motor Vehicle Department to find out if they will be taking action against the driver and owner for not having any insurance for this accident. The State may suspend the registration privileges for the owner of the car and may further suspend the driving privileges for the driver of the car, on the condition that if they work out a satisfactory payment plan with you to pay your damages, that they may be able to keep their registration and driving privileges intact. If that does not work, you can certainly file a lawsuit, either in Small Claims Court, without the need of an attorney, or in Large Claims Court, with the assistance of an attorney. If you file in Small Claims Court, the maximum you may recover is $5,000.00, plus costs, however, you can avoid the fees associated with hiring an attorney. If you obtain a judgment, then you might be able to recover the money by way of garnishing wages or attaching assets. Many of the County Courthouses have instructions and assistance in filling out the papers to have the lawsuit filed. Please be advised that for injury claims, you would normally have a three year statute of limitations, and for property damage claims, you would normally have a six year statute of limitations. The statute of limitations time periods require you to either settle your claims or file a lawsuit within those time periods. If you are going to make a claim for physical and emotional damages, proof of those injuries, usually by way of medical care, will be required to prove those damages. You may wish to consult with an attorney in more detail regarding your claims and how to proceed regarding the above.
The information you obtain from this posting, and/or the act of sending an e-mail to this site and viewing this posting, are not intended to and will not create an attorney-client relationship. The information you obtain from this posting is not, nor is it intended to be, specific legal advice. You should consult an attorney for individual advice regarding your own particular situation. The material in this posting is not intended to be advertising, but it is instead meant it to be general information only.
Auto Loan Agreement
I signed an contract to buy a vehicle from a dealership and it states lien holder to be Dimlar chrysler. Citifinancial auto is harrassing me to make payments. I am no longer interested in having this vehicle. Will the dealership have to accept the vehicle back, because of the contract I signed?
Re: Auto Loan Agreement
No!
i received a photo ticket while traveling through arizona. what are my options and rights to paying a ticket i do not recall driving over the limit?
If you received the citation in the mail, uncertified and you did not respond to it by mail, then you can ignore the ticket for now. If you are not properly served the case likely will be dismissed. Some cities will send a process server to personally serve you (cost you an extra $30 if served); most do not and the case goes away. You can check online at the following link to see if your case is listed and what the status is. If you are properly served, there many legal/factual challenges that can be made. Feel free to contact me if you need representation. Good luck.
http://apps.supremecourt.az.gov/publicaccess/
I filed a harrament claim with the Human rights dept. agaist my employer. They are asking me to drop the case in exchange for 1. 5-6 months severance, outplacement services for 3 months, and unemployment. I have been with them for 10yrs. Is this a Fair offer?
Whether or not this is a fair offer depends on the specific facts of your situation. We routinely help people just like you during IDHR proceedings. Please contact us for a confidential evaluation. The best way to contact us is by going to www.tsamislaw.com and sending us a private email.
if someone bought a gun for you can they take it back even tho its in your name?
Both persons should be mindful that it is a violation of federal law to purchase a firearm for someone else. ATF Form 4473 specifically asks the store purchaser whether the firearm is being purchased by him or her for someone else, and must be completed and signed under penalty of perjury at the time of the application.
Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP
[email protected]/* */
http://www.NationalFederalDefense.com
866.380.1782
should A work comp case take more then 11yrs to settle.what can i do?
Sadly, some take that long. When the 'agreed' doctor retires or becomes physically unable to conclude the reporting, the parties start over with one new doctor or two new doctors (if they cannot agree on a new Agreed medical Evaluator).
When the AME finds that a patient must haved surgery before achieving Maximum Medical Improvement but the adjuster can't OK the surgery with a hearing, it adds a year ...maybe two.
Gov. Ahhhnold really destroyed comp benefits for workers with the revision of the law in 2004, and it took about 3 years for us to try to re-establish help for workers... i suspect you lost 2004-2007 while the judges and courts tried to figure out the complete mess Schwarzenegger and the State Senate stuck in our laps and said 'figure it out'.
People were hurt, many died. they tried to fix it last sept with SB863. this made it worse. We elect morons to office who care nothing for workers hurt on the job because they don't donate to campaigns.
My father had a stroke. I have been signing all the hospital papers on behalf of him.I am his son.My cousin says she has a power of attorney for my dad.What can I do to get a power of attorney or guardianship for my father
If he's had a stroke, he probably lacks the ability to give you power of attorney. You should meet with a lawyer to determine what you even can do, much less should do. In some cases nothing may also be an option, depending on the specific situation.
I would second these comments. If your father is mentally incompetent, then he cannot make a power of attorney, either financial or healthcare. What kind of a power of attorney does the cousin have? Financial? Healthcare? Or both?
If the cousin only has financial power of attorney, then this gives her no rights to make healthcare decisions for your father. Does your father have a spouse? If not, then I suppose oit might be proper for you to be making health decisions if nobody has a valid healthcare power of attorney.
What you should od depends on your father's condition. Is he likely to recover his mental capacity? In such case, you might not do anything. If your father is going to be mentally incompetent for awhile, then you need to see an elder law attorney about obtaining guardianship over your father's person or conservatorship (this will defeat a financial power of attorney) over your father's finances and property.
You need to get a copy of that power of attorney purportedly held by your cousin to see what it says. I would then have it reviewed by an elder law attorney and pay for a consult regarding your options.
I purchased a vechile from a dealership. It was a cash sale with a trade in. I took passesion of the truck, they signed a purchase agreement, they transforred my plates to it and insured it. I owe a one time payment to the dealer. The payment was to be made a few days. That payment was delayed until the 30th of this month. I have had it for 2 weeks and have put $1056.00 in repairs. The dealer called me and told me to return the truck they will not wait until the 30th. I told them I wanted my trade in and my money for the repairs and they said no. They said bring it back or they were going to have me arrested for theft of the truck...... Can they do that ?
It doesn't make any sense to me. Unless there is some allegation of fraud, I think they're nuts. I would have to examine your facts deeper. Contact me at kliszlaw.com to discuss. Tim Klisz
You may be the victim of a yo-yo sale. This is also known as a spot delivery sale. This violates your rights under state and federal law.
Here is what you MUST do. First, place all the paperwork that you have from this sale in a safe place. Do not keep it in the car. If your car gets repossessed, they will destroy the paperwork. Then, see a lawyer that knows how to handle these cases.
Call me if you would like.
-Tom
If I confess to 2 guns being mine in court will the gun charges be dropped for my significant other?
Possibly. Are you legally permitted to own the guns whereas he/she is not?
Maybe, but not necessarily. Just because you make a statement, doesn't mean that the prosecution, the jury, or a judge have to accept it.
i own a small business in the Alameda swap meet , my question is it legal for vendors to copy your stores looks and merchandise?
It would depend upon what was done and how it was done. feel free to call me if you wish to discuss further . Really need more information. Unless you have exclusive use of merchandise someone can sell the same things that you sell but cant use your stores name.
John Laurie
818 345-0123
gertzandlaurie.com
Someone please please answer this as I am seriously upset and beside myself. My ex and I divorced but fighting over assets. We are both with cal pers retirement and both have joinders attached to our retirements. Ok...the ex filed bankruptcy and I didn't know until a year after he did it. I tried to file a claim but was told by courts I was too late and to file an adversary proceeding. Family law attorney said we can't go forth in family court because bk court holds jurisdiction. I was first told to get a "stay" from bk court to release jurisdiction over just the retirements so that can be divided and settled (I want to retire). Bk attorney and family law attorney talked and I am told that getting a stay never works out right and I just need to go forth with the adversary proceeding first. Then I was told adversary could take a year or so!!!!!! I want to retire and I feel like a hostage! Is this true? California bk courts won't lift a stay on retirements to be settled in family court??? I can't believe this! The ex didn't even file a true bk....I was told it was a chapter 13 but one where its like a reorganization and he actually is paying all in full. Someone please tell me if I am truly stuck.
Chapter 13 is a "true" bankruptcy and allows the debtor to restructure their debt and pay over 36 to 60 months. It is common.
As for the relief from stay, the Bankruptcy Court can order that the stay be lifted and allow you to proceed in family court regarding the narrow issue of division of community property. It is much quicker than an adversary proceeding, which is useful only if money is owed to you and you were 1) not listed as a creditor or 2) the debt was procured by fraud. I am not sure why the bk attorney would state otherwise, unless there are additional facts.
Please feel free to contact my office to discuss this matter further.
