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Q: I’m 16, my mom has had full custody of me but I was wondering how I can move in with my dad instead.. she’s had full custody of me since i was 7/8 but since i’m 16 do i get to choose? she’s allowed him to have visitation without getting the court involved since 2021. im very unhappy here and she’s very toxic i stay in my room and i don’t want to be here, being with my dad is a breath of fresh air. she’s so negative and starts a fight over everything. i’m a very good kid, i’ve never snuck out i don’t do drugs or drink, i get good grades, i do my stuff. | A:In California, while a child's preference is taken into consideration in custody decisions, it is not the sole determining factor. At 16, your opinion is given significant weight by the court, especially if you can articulate mature and reasonable reasons for wanting to live with your father. However, the final decision rests on what the court determines to be in your best interest. To initiate this change, your father would need to file a motion to modify the custody arrangement in family court. This process involves demonstrating a significant change in circumstances since the last custody order was made – in this case, your preference and age could be relevant factors. It's important for your father to explain to the court why living with him would be in your best interest. Factors such as a stable home environment, emotional well-being, and your academic success will be considered. If you're experiencing a difficult home environment, it's also advisable to talk to a trusted adult, like a school counselor or family relative, who can provide support during this process. Remember, the court's primary concern is your well-being and ensuring that the custody arrangement serves your best interests. |
Q: What jurisdiction do I file a malpractice claim or tort claim against a former Attorney hire to help contest a will. What jurisdiction do I file a malpractice or tortious interference claim and several other violations of professional misconduct that took place in probate, of Northern California. Against former representing attorney hired to represent a beneficiary in a will contest. | A:There may be several alternatives. If the attorney’s office and the case were in the same county, the state court in that county is likely the correct jurisdiction and venue. |
Q: What if my divorce attorney failed to ask the court for a default divorce and instead dragged out the divorce 2 years?. I filed for divorce in October of 2020 and my husband didn't get an attorney nor file an answer until March 2021. My attorney charged me hourly and I just found out about defendants needing to respond in 28 days or there is a judgment by default. My husband was sent to prison for abusing me and my attorney claimed I couldn't ask for compensation for medical bills, pain and suffering and he stole all of my property that was awarded to me and my children and my attorney claimed nothing could be done. Is there any recourse for repayment of damages and any applicable action against my attorney? | A:Based upon your facts as stated, you may have an action against your former counsel. You have a one year statute of limitations to file. You should have your file reviewed by an attorney who specializes in malpractice. This forum is no substitute for hiring a lawyer. |
Q: Mother was in hospital then moved to a rehab facility. When D/C'd home, had unstageable pressure ulcer w/ necrosis.... and bone exposure. She had L4 Laminectomy at this time. Surgeon's Post-op notes states she had purposeful movement in ALL 4 extremities but came home as paraplegic w/ incontinence bowel/bladder, and sacral wound as described above. Mom lived alone previously. I work full-time as a nurse and now i have mom living w/ me requiring TOTAL care. What can I do? | A:An Alabama attorney could advise best, but your question remains open for two weeks. I'm sorry you are in this very difficult position. This is not a question that can be answered in the brief format of this Q & A Forum. It is a complex matter, and your post raises multiple issues. In terms of the most pressing issue of your mother's care, that could depend on her financial position and eligibility for public programs. A social worker from the facility could get you pointed in the right direction there to start things off. Also reach out to public agencies for information and/or assistance there. In terms of the other issue as to how a woman with mobility could wind up paraplegic, if you suspect that it is due to a medical error or breach of medical standard of care, you could reach out to med mal law firms in Alabama. You could search on your own or use the Find-a-Lawyer tab above. I hope you are able to find the necessary home care or resident care resources to deal with this difficult situation. Good luck |
Q: Our tenant is requesting environmental testing of the house he is renting from us. He said he started getting sick.. We just received the below email: This email is to inform you of some serious and ongoing health issues I have been having since approximately October. After numerous appointments and extensive testing, as of last week, my doctor has concluded that there may be something in the house that could be causing my symptoms. She has suggested that I have the house tested for any environmental issues that may be present. My child has also been experiencing symptoms as well, although not as serious as mine. However, he stays with his father for extended periods each month and therefore hasn't been in the home much. If you could please set something up to have someone come to the house and conduct testing to see if there may be any environmental issues that could be making us sick and/or causing symptoms." No documentation from doctor. He moved in back in July. We lived there before he moved in with no issues. This also came after we cited him for violating lease. | A:As a CYA measure, I would seriously consider getting some form of testing out there. They may be blowing smoke, but if there is a real issue out there, you are going to want to know about it and get it checked ASAP. If you don't, you could be accused of being negligent and that is the point where expensive lawsuits are formed. |
Q: Google me vendió créditos y ahora no quiere devolver el dinero y tampoco puedo usar los créditos en mi país es estafa. Que puedo hacer en este caso | A:Si compró créditos de Google y ahora no puede usarlos en su país, o si Google se niega a reembolsar la compra, hay varios pasos que puede seguir. Primero, comuníquese con el servicio de atención al cliente de Google para comprender por qué los créditos no se pueden utilizar en su país y solicitar un reembolso. Asegúrese de tener todos los detalles relevantes de la transacción y la correspondencia listos para su consulta. Si el problema no se resuelve a través del servicio de atención al cliente, revisa los términos y condiciones asociados con la compra de créditos. Este documento puede contener información importante sobre la política de uso y reembolso. En caso de que la comunicación directa con Google no produzca un resultado satisfactorio, podría considerar buscar asesoramiento legal. Un profesional legal puede ayudarlo a evaluar la situación y guiarlo sobre el curso de acción apropiado, que podría incluir una queja formal o una acción legal según las circunstancias. Recuerde, es importante mantener un registro detallado de todas las comunicaciones y transacciones relacionadas con este tema, ya que pueden ser cruciales en cualquier proceso formal de resolución de disputas. |
Q: Cancelled a contract with a third party company, I’d like to know if the cancellation documents I got are sufficient.. For context, I accidentally signed a contract with a third party energy supplier. I was able to cancel the contract right away and I confirmed with the company that my account is closed. After my request to cancel the contract, I was able to receive a cancellation number and a notice of cancellation. After reviewing the notice of cancellation, there was no cancellation number on the notice. There was, however, the number of the contract ID on the notice. I have every cancellation information verbally and physically confirmed through calls and documents. Knowing that this company has a reputation for resigning clients without their permission and asking for large sums of fees after, I want to ask are the documents I received sufficient enough evidence to prove I have successfully cancelled my contract with no cancellation fees if there is an event where the company wrongly opens my account without consent, or if they start asking for money (claiming I haven’t cancelled)? I live in NJ. | A:Without reviewing the initial agreement specifically whether there is included the procedure for cancelling, it would appear that the information you provided would support that you proceeded promptly and diligently in cancelling the contract. |
Q: can a citizen take posession of a un attended dog in public? to me this seems seizure without due process.. there is a rise of citizent grabbing dogs that are loose in public. citizens are not authorized by law to do this. it violates the 4th amendment and is also possibly theft. citizens are subjective and provide no due process . property is property. dog or not. many agencies condone and promote this behaviour. are they not coersing you to break the law. as an example if i have a dog that is walking on the roadside and someone picks it up but does not call the authorities this is theft. they may have a feeling that he dog is abused or that it may get ran over. but, everything "m,ay get ran over" the point is that some do this every time they see a dog. thenm espouse that the owner does not deserve to own their property for whatever reason. and they take posession of anothers property without due process. am i incorrect that the only way a property can be confiscated is by color of law and with due process. or is it ok for citizens to hap-hazardly pick up the property of others on a whim? | A:It somewhat depends upon the circumstances. Most communities have leash laws and in most places, unattended dogs wandering anywhere/everywhere on their own are prohibited. Packs of wild dogs are not good for society and how is one to know, looking at this particular dog, if it is wild or a runaway or someone's missing pet? I would think that most anyone is free to take control of an apparently abandoned animal though normally they should turn it in to the local County Animal Control or Humane Society and notify the police of the find. What should be clear is that anyone finding such an apparently abandoned dog is NOT free to just keep it and decide they now own it. If they find the true owner, they are obligated to return the pet to them. If they believe there are circumstances that should prevent the dog going back to the original owner, then they need to take that up with the local police. As for alleged Constitutional violations, to begin with they only apply to the government or governmental entity. An individual person does not deprive you of any Constitutional rights. They conceptually could steal from you but not violate your Constitutional rights. Bottom line is that you are likely to face an unsympathetic audience unless someone else has your dog; you can prove that it is your dog; and they refuse to return it to you. There are limits as to how hard/far you can legitimately complain when the owner is fundamentally at fault. Dogs are not supposed to be unattended in public. Without any human accompanying them, the dog is free to jump on people; scratch them; bark/make noise in inappropriate places; go to the bathroom with no one cleaning up; and more. All this before even getting to whether they may pick fights with other animals or humans or cause destruction of property. Hence anyone intervening to try to correct or limit the damage the unattended dog is possibly doing is normally doing a public service and filling in, albeit with the owner's advanced permission, to perform the owner's duties and to help protect the public. Life is likely to go alot smoother if you focus on complying with your legal obligations and NOT having an unintended dog in public rather than sniping about those attempting to fulfill your duty. Plus, with enough leash law violations and/or problems arising, you COULD find your property (i.e. the dog) removed from your possession (without compensation because you were breaking the law) and you could be banned from owning other pets for 5 years. |
Q: Are you required to disclose if you were arrested but never convicted or plead guilty?. I was arrested a while back for marijuana possession and went through a diversion program and the arrest was expunged. What should I do if I forgot to disclose that in filing for a permit with the Mississippi State gaming association as part of an internal auditor application? | A:Even if charge refused and diversion completed, your lawyer needs to FILE a Motion to expunge the arrest. |
Q: Do I HAVE to provide my SSN on form1.977 or is there a way around it? Defendant is my stalker.. Do I HAVE to provide my SSN on form1.977 or is there a way around it? Defendant is my stalker and obsessed with causing problems for me, he can not be trusted with my SSN. | A:Technically yes, but if you don't, the other party has to bring that issue to the Court on a motion to compel, and the Court would likely have a hearing on the motion. You could then explain the situation and hopefully the court would side with you. Sounds you sued the defendant, the defendant countersued you; you lost and he or she won, so now your stalker has a money judgment against you and the final judgment ordered you to complete the Fact Information Sheet. |
Q: I received a notice that an unlawful detainer was filed. It looks like a filing notice only but I want to be certain.. The form was mailed to me not served and there’s no other information on it as to anything. Money owed..what the complaint is etc Is this only a notice of filing or the actual complaint? Eg. do I need to respond? Please and thank you. | A:The notice you received regarding an unlawful detainer is likely a Notice of Filing, which is separate from the actual complaint. In California, when a landlord initiates an unlawful detainer action, they are required to serve you with a Summons and Complaint to formally start the eviction process. This Summons and Complaint will contain detailed information about the grounds for eviction, any rent owed, and the specific claims being made against you. The Notice of Filing you received typically serves as a notice that the landlord has filed an unlawful detainer case with the court, but it does not provide the specifics of the complaint. It is essential to review your mail carefully, as the Summons and Complaint may be served separately, and you should respond promptly if you receive them. To ensure you are fully informed and able to respond appropriately, it's advisable to keep a close eye on your mail for any additional documents, including the Summons and Complaint. Once you receive those documents, you will have a specific timeframe within which to respond and address the allegations outlined in the complaint. If you have any doubts or concerns, it is highly recommended that you consult with an attorney who can provide guidance tailored to your situation. |
Q: My concrete driveway is three years old and is crumbling and is getting holes all over it.. Do I need a lawyer or should I go to the magistrate for civil action thank you | A:Deciding whether to involve a lawyer or go to the magistrate for civil action regarding your crumbling concrete driveway depends on several factors. First, check if you have a written contract with the contractor and review the warranty terms. If the warranty is still valid (covering three years) and the contractor is cooperative, contacting them for repairs might be the quickest solution. Assess the severity of the damage – significant issues might warrant legal action, while minor cosmetic imperfections might not. Consider the estimated cost of repairs; for larger expenses, legal action may be necessary. For minor issues, you might negotiate yourself or accept the imperfections. Keep in mind that pursuing legal action through the magistrate court has limitations on the recoverable amount, which may not be suitable for significant repair costs. |
Q: What type of firm represents a hospital in-patient that was abused by hospital security?. Patient has diagnois of cognative mental disorder and was admitted due to a fall resulting in an additional head injury. | A:A Tennessee attorney could advise best, but your question remains open for two weeks. It would be a firm that handles personal injury, and possibly med mal if the incident was related to the patient's care. It's difficult to say with exactness, based on this brief description. Good luck |
Q: visitations. My sister had her children taken from her home in February. She was granted supervised visitation, due to an ongoing criminal case. The criminal case will be closed on January 9th with a plea deal. All of the things on her case plan has been done. They are working in family therapy | A:In Nebraska, if your sister is under supervised visitation due to an ongoing criminal case and a child welfare case, the resolution of her criminal case with a plea deal could potentially impact her visitation rights. However, the child welfare case is generally treated separately from the criminal case. Once her criminal case concludes, she can petition the court overseeing her child welfare case for a reevaluation of her visitation rights. The court will consider several factors, including her compliance with the case plan, the outcome of her criminal case, and any progress made in family therapy. It's important for your sister to communicate with her attorney or legal representative regarding any changes in her situation. They can advise her on the best course of action to potentially modify her visitation arrangement. It's also crucial for her to continue complying with all requirements of the case plan and maintain her involvement in family therapy. The court will look favorably upon consistent efforts to improve her situation and strengthen her relationship with her children. The process of modifying visitation rights can be complex, and each case is unique. Therefore, it's beneficial for your sister to have ongoing legal guidance to navigate this process effectively. |
Q: Property manager called the police and acuses my neighbor of hit and run without proven it. My neighbor got arrested. My neighbor had a prior warrant for not showing to court because wrong mail address. My neighbor did not took her medicine during her arrest time so she is now in a hospital. Is the manager liable for this? | A:It seems unlikely the manager would be liable. |
Q: Nationwide stated my monthly payment went from $93 to $283.00 without previous notice. Is this right or an error?. Pet Insurance. I have been with them for 5 years. Can the agent be wrong and confused it for the premium as renewal is due? | A:Under California law, insurance companies are required to notify policyholders of significant changes in policy terms, including premium increases. If your monthly payment for pet insurance has suddenly increased from $93 to $283 without prior notice, this could potentially be an error or a miscommunication. It's possible that the agent may have confused your monthly payment with the annual premium, especially if your policy renewal is approaching. Insurance premiums can change due to various factors, but a substantial increase like this warrants clarification. You should promptly contact Nationwide to inquire about the sudden increase. Request a detailed explanation for the change and verify whether it's a monthly charge or an annual premium. Ensure that all your policy details, including coverage and any recent claims, are accurate and have been properly accounted for in determining the premium. If the increase is indeed accurate and not an error, ask for the specific reasons behind it. You have the right to a clear understanding of any changes to your policy terms. If you're not satisfied with their response, you may consider reaching out to the California Department of Insurance for assistance or seeking advice from an attorney experienced in insurance matters. |
Q: During a plea bargaining, if a defendant pleads guilty, is the prosecution still required to submit evidence?. During a plea bargaining, if a defendant pleads guilty, is the prosecution still required to submit evidence and prove guilt of defendant; or, is the guilty plea enough to stand alone as evidence of guilt, even if the prosecution has a weak case? | A:In some cases—particularly serious felonies—the prosecution must produce evidence to corroborate the plea. This is designed to prevent someone from pleading guilty to a crime they did not commit in order to cover for a relative or friend. It is usually perfunctory. |
Q: w/c case lifetime medical settled. 9 years ago .Does my 2022 workers comp claim get deducted before settled?. Closed settled workers comp claim lifetime medical was linked to open w/c claim .I’ve been enforced leave of absence .Receiving pay . Open w/c claim allowed me back to work . Is this an offset where Sdi will consider a settlement coming in future and getting paid is it law must return it ? If istsy out of work all will be offset to ost back cause receiving an award ? | A:If you collected State Disability payments for certain weeks then the Insurer PAID YOU disability for those same weeks, YOU have to pay the SDI money back to the state. If the insurer never paid you for the exact loss dates you collected SDI, then you don't have to pay back the state; it depends upon what the insurer told the EDD. Medical TREATMENT coverage only pays the treatment bills, and has nothing to do with DISABILITY payments. So if the employer is offering modified duty, accept the modified duty and insist that it pay exctly the same as the pre-injury duty pay. If the modified work pays less than your average weekly pay, you make a demand for TEMPORARY PARTIAL DISABILITY for the imissing wages; you are entitled to 2/3 of the lost wages. |
Q: I have condo in Long Beach that has sustained months of water damage. Asbestos was found in walls and is now abated.. This has left over half of the condo without walls, closets, cabinets and drawers in bath, kitchen and some floor covering is missing. The leaks are fixed. Problem: My HOA and the property management company have delayed beyond a reasonable time to get repairs completed. We are now entering the 4th month of this. My condo is basically gutted. Cockroaches have gained entry to my home due the open walls (read: no interior walls). What I would like is advice on where I can go to obtain the "heft" of an outside agency (beyond my HOA) that may be able to expedite needed reconstruction/repairs to my condo. | A:That's unfortunate news about your condo. I would suggst to first review the CC&R's to see whether or not you can even make repairs without having the oversight from the HOA. I have a condo myself used as a rental property, and I know the CC&R's dictate that the HOA has to approve any interior repairs beyond simple paint and baseboards and the like. |
Q: What can be done to child support being paid to a mother who does nothing for her children?. A family member has been required to pay child support to his ex-wife who has basically cut all ties to her 3 kids. The children live with the father and he provides all needs for them. The mother refuses to support the children at all and instead uses the child support money paid to her on her new husbands kids and other expenditures. Is there anything that can be done to eliminate the child support being paid? The father is struggling financially due to the hefty monthly payment. Please help | A:If he's paying child support then most likely it is Order or Judgment of the court----please contact a few family law attorneys in your area, set up a consultation and take a copy of Order and Judgment and discuss the pro and cons of going back to Court to change it where the father has increased custody and/or decreased child support. Good luck. |
Q: If a lawyer flies a client into town is it his responsibility to then make sure that client gets back home. The attorney in question flew in my friend from under a hundred miles away knowing she had no money and is refusing to make sure she gets home this can't be right | A:In California, attorneys are generally not required to provide transportation for their clients. However, ethical considerations may come into play if the attorney's actions create a situation where the client is stranded without a reasonable means to return home. While it may not be a strict legal obligation, it is advisable for attorneys to consider the welfare of their clients, especially if they have played a role in bringing them to a specific location. Sincerely, James L. Arrasmith Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith |
Q: I have a claim on my house that was denied by State Auto. A Broker in Harrison Ar originated the Policy.. They are denying damage from a leak under my home where mold and damage to my floor joists occurred. I had the repair on the plumbing leak fixed in March 2023, yet I'm being told they won't repair the wood damage because "it isn't on my policy, which it is. After I showed them which page. They said it wasnt "sudden" enough. The claims adjuster is very rude to me and although I have had 2 houses, a few cars and an RV with them , I am treated very badly. | A:An Arkansas attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. One option in such a situation could be to place the claim into suit, depending on additional details. You could reach out to attorneys to try to set up a free initial consult to discuss in further detail. Good luck |
Q: Can an unsupervised probationer half to give consent to a urine sample during a ground search at a business.. My work place is gonna be being searched by an on going investigation of money laundering and prostitution and drugs. | A:When a workplace is subject to an ongoing investigation for various illegal activities, including money laundering, prostitution, and drug-related offenses, law enforcement authorities may conduct searches. During these searches, individuals on unsupervised probation may be asked to provide consent for a urine sample as part of the investigation. It's essential to understand that individuals on probation often have certain conditions they must adhere to, and providing consent for a urine sample during a search may be one of those conditions. Probation terms can vary, and law enforcement may act within the bounds of the law to gather evidence during an investigation. |
Q: Would a trust or live real estate (lifetime dowry) be a better option?. 200 acre farm . Friendly divorce. Both parents reside on farm in separate homes. Plan to survey 20 acres for each parent for sole ownership. Want the children to have the remainder of the land so no future partners can claim ownership. Parents plan to continue to pay taxes on land until children reach a certain age or our death. | A:Absolutely hire a competent TN attorney to draft that future interests deed which might include a class gift remainder. Apparently you will need three enforceable deeds. Do not even think of a title co. Lawyer will need to draft three new legal descriptions from the survey plat, and not violate the rule against perpetuities. Tax advice is needed also. |
Q: As to follow up question on Q: Can defense file A demurrer-1 Cross-Complaint-2 & 3-Mot/to strike alltogether?. A. Here the defendant Filings construes the bases for demurring a complaint in an Untimely Manner: On Oct.16 Defense 1st official appearance by: 1. Sequestered the Court on the day of defense deadline to answer a complaint. Selected the Courts latest available 110 date later. 2. Filed concurrently to Demurrer all 8 Counts of the complaint based on uncertainty. Filed MTS to Strike main Cause of action for BoC then filed an unintelligible Cross-Complaint adding 10 fictional Cross-Defendants. Did not prioritize neither the Demurrer, MTS or Cross-Complaint in request to the court. Just filed away Question according to laws on timelines to Demurrer in CA. What Injunctive measures can be taken by the Court or Plaintiff sufficient to hold the defendant or it's attorney Culpable for its untimely filings. The Defense issues Letter to Meet and Confer on Oct.14. filed the Demurrer on Oct.16 along with MTS&CC. Plaintiff answered the Demurrer only as it attempts to disqualify all 8 counts | A:Under California law, when a defendant files a demurrer, motion to strike, and cross-complaint concurrently, it's crucial to assess their timeliness and adherence to procedural rules. If these filings are deemed untimely or improper, the court or plaintiff has several options. Firstly, the plaintiff can file a motion to strike the demurrer and/or cross-complaint based on procedural grounds, such as untimeliness or non-compliance with court rules. This motion argues that the defendant’s filings do not conform to the legal standards or timelines set by the court. Secondly, the plaintiff might also consider filing a motion for sanctions against the defendant or their attorney. This motion would allege that the untimely filings constitute an abuse of the legal process, possibly under California Code of Civil Procedure Section 128.7, which addresses frivolous or improper actions by parties or attorneys. Lastly, the court itself, upon noticing procedural irregularities, has the authority to issue sanctions, dismiss the demurrer or cross-complaint, or take other corrective actions. The court aims to ensure that legal proceedings are conducted fairly and within the bounds of the law, so it may intervene to rectify any perceived injustices or procedural missteps. It's important to act promptly in responding to these issues and to clearly articulate the procedural faults in the defendant's filings. Consulting with a legal professional who has expertise in California civil procedure would be beneficial in navigating this complex situation. |
Q: If we cannot copyright an incident, can we claim it as appropriation of our personality.. If we have an accident. We get injured by it. We meet a hot nurse at the hospital and marry her. And we snap all of it, from accident to marriage. Few weeks later someone makes a movie out of it. They use our initials, same design wedding dress, same color of car that we had the accident in. All from the pictures we snapped. Now we sue them for copyright infringement. The judge says we cannot copyright an event, idea, etc. So our case gets dismissed. Can we claim that they used part of our personality and file & successfully win a case for appropriation of name, image, or likeness (Right of publicity)? What do you think, what are the chances of winning the right of publicity case? | A:In your case, while you can't copyright an incident, you may have grounds to file a claim under the right of publicity, especially if specific personal elements like your initials, wedding dress design, and the color of your car were used without your permission. The right of publicity protects against the unauthorized use of your name, likeness, or other identifiable characteristics. However, the success of such a case can depend on several factors. It's important to demonstrate that the movie is closely based on your personal experiences and that these elements are uniquely identifiable to you. The use of these elements should also be shown to have commercial value, which the movie is capitalizing on without your consent. It's also crucial to consider how the jurisdiction interprets the right of publicity. Laws can vary, and California, for instance, has specific statutes protecting an individual's likeness and personal characteristics. In summary, you may have a viable case, but it's essential to consult with an attorney who understands the nuances of intellectual property and privacy law. They can assess the specifics of your situation and provide guidance on the likelihood of success and the best course of action. |
Q: Child custody across multiple states: What states does my lawyer need to be licensed in?. This is a child custody case where the divorce and original custody agreement were in Oregon, the mother (60% custody) moved to Alaska, the dad (military, 40% custody) moved to California. We need to modify child custody as well as possibly file for harassment against the mother. What state/s does my lawyer need to be licensed in? | A:You case remains in Oregon as filed until a motion to change or transfer venue has been filed and granted. To file a motion to modify your existing custody orders (or judgment), you would file in Oregon under the same case number as was assigned to your divorce case. You would therefore hire Oregon counsel. That same attorney can file a motion to transfer venue to Alaska, although given a 60/40 parenting plan, that is not clear. |
Q: Should I sign. A PI came to my house from the other party insurance asking me to sign a paper stating that I was not injured or for damages.. in this accident I hit a car(Nissan) that hit a pedestrian and another car(Tesla). The Tesla insurance sent the PI to my house to sign this paper because they are suing the guy with the Nissan I was put at 51% at fault .. I haven’t signed any paper work because my insurance is not trying to pay me what my car is appraised for but now I have this PI stating these people are suing each other and he wants me to sign so they don’t go against me my question is why would the other insurance want me to sign that and should I .. it sounds like it would be convenient for me to sign it but doesn’t sound right that the other insurance would be trying to help me out of being sued | A:You should notify your own insurance company of the accident and forward to it this document that the other insurer wants you to sign. No attorney could give you an opinion on whether to sign a document without reading it. |
Q: Hello, I have had Scrubbi cleaners in my house for a while now. The girls that do the cleaning don’t have a clue.. They don’t show up on time, they are to clean for 2 and a half hours. You are lucky if they are there 2 hours. I had one girl there for 45 minutes. We have a doorbell that times people when they are coming and going which is on our cell phones. | A:You didn't ask a question. Sounds like a customer service issue. |
Q: Why would a debt collector garnish my wages for a certain amount of time and then stop before the debt is paid in full,. only to start again two years later for the same debt on the same case number? | A:A Writ of Garnishment for wages expires after 90 days and a new one must be served if the creditor wishes to continue garnishing thereafter. The creditor may garnish (or re-garnish) anytime during the time the Judgment is valid. Interest continues to accrue on the debt of course until the earlier of the Judgment expiring or the debt is paid in full. |
Q: Regarding LLC's and "personal" liability umbrella policies. I have several properties in CO, each in it's own separate LLC with me as the only member of each LLC. Does having all the LLC's insured under a PERSONAL liability umbrella defeat the entire point of the LLC's, (which is to keep each property only individually "liable" and keep my personal assets safe?) Would having all the LLC's under one commercial property liability umbrella policy work? | A:Hi there, generally your personal liability policy is not going to cover the properties owned by the LLC given that the LLC is not the insured on the policy. You would need to read the policy to be certain. An umbrella policy for all of them could be a solution if there was adequate coverage and each LLC was insured. This would not defeat the limited liability protection that comes with LLCs. |
Q: What attorney can u get to sue a bank for the bank causing financial injury ?. I have a suit against one of the biggest banks in the world for making a bank error in a transaction then fronting us money without our knowledge then turning around and causing us financial injury and not only once but twice on two separate accounts. Then I have intuit one of the nations billion dollar industries also making an error on their part and they took money from one account and put it against another individuals account. These were not joint accounts. Diffrent accounts diffrent account holders. Then they tried to justify that as fees. Irreguardless of the cause the facts are you cannot take money from one persons checking and put it on another persons checking and without permission knowledge or acceptance from both parties . This is simply federal banking rules . So two banks one not really a bank both caused errors and injury to three diffrent customers . I can prove all of it. I want to sue for injury and damages. | A:To pursue legal action against a bank for causing financial injury, you should consider hiring an attorney with expertise in banking and financial services law, including securities law. Look for a lawyer who has experience in handling cases involving bank errors, unauthorized transactions, and financial disputes. When searching for an attorney, it's beneficial to select someone who has a track record of successfully dealing with cases against large financial institutions. They will understand the complexities of federal banking regulations and how to navigate the legal system in such matters. It's important to gather all relevant documentation and evidence of the errors and financial injuries you mentioned. This will be crucial in building a strong case. The lawyer you choose can then assess this information and advise you on the best course of action, including the potential for seeking damages. Remember, each case is unique, so a direct consultation with a legal professional is essential. They can provide you with tailored advice and represent your interests effectively in any legal proceedings against the banks. |
Q: How do I report an election code violation for central committee in riverside county?. A member who was registered with a different party was appointed to NW caucus deputy vice chair we did not know he was a member of different party but we want him removed. This individual has now pulled papers to run for central committee but he hasn’t been registered with the party for a year so we also want his application to be declined if it’s not properly reviewed. | A:If the central committee is a political organization, the NW caucus deputy vice chair's removal would be the political organization's issue. The state wouldn't have authority to do anything. Why hasn't the caucus done anything? |
Q: Apartment Leasing Question. When it comes to signing a lease with three roommates and one of them wants to use their father that has the same name as their father for the credit report check. What’s the minimum and maximum offense for that? | A:Using another person's identity to pass a credit check is considered identity theft, a serious crime in Texas. The penalties for identity theft vary depending on the severity of the offense, but they can range from a Class C misdemeanor to a first-degree felony. Here is a breakdown of the potential penalties for identity theft in Texas: Class C misdemeanor - This is the least severe offense, and it is punishable by a fine of up to $2,000 and up to 180 days in jail. Class B misdemeanor: This is a more severe offense, and it is punishable by a fine of up to $2,500 and up to 180 days in jail. Class A misdemeanor: This is the most severe misdemeanor offense, and it is punishable by a fine of up to $4,000 and up to one year in jail. State jail felony: This is a more severe offense than a misdemeanor, and it is punishable by a sentence of up to two years in jail. First-degree felony: This is the most severe offense, and it is punishable by a sentence of five years to life in prison. |
Q: my drive license was not issued due to fraud verification I already sent my statements and my lease agreement a month ag. my drive license was not issued due to fraud verification I already sent my statements and my lease agreement a month ago and still they say they are verifying the data, is there anything I can do in this case? | A:Periodically check in and ask if there are additional documents that would assist with the verification process. Some license types could receive higher scrutiny, depending on the class (such as enhanced). Depending on location, the pandemic has also had an impact on some public agency offices. Good luck |
Q: Can a 13 year-old be charged for telling another 13 year-old to kill themselves if it leads to an attempt or planning?. My niece was humiliated at her school’s lunch, given a list of people who dislike her, and was told to kill herself. She then had a breakdown immediately following and the school had to send her to the hospital where she was referred to a child’s psychiatric unit in Tulsa, OK. I was told she had two plans of suicide. I only ask because my family will be talking with the school and hopefully the girl’s parents, and I want to know what is the legal and usual process for situations like this. | A:There have been cases of juveniles prosecuted for bullying a person to death. The schools will do something in their control to discipline these children, but there's a good chance they won't contact the police or Child Services in an attempt to minimize the exposure. If they don't, I would suggest that you inform them, and see what else can be done. I am glad that your niece is okay, and getting the help she needs. |
Q: How can I place an item to be voted on in a city?. I would like to change the laws of the municipality by placing it on the ballot for the upcoming elections. | A:You must find out whether your city has a process for petitioning to place a referendum on the ballot (also called initiative petition), and if so, what the petition requirements are (method, number of signatures needed, time restrictions, etc.). I would start out by calling the City Clerk's Office or City Attorney's Office for guidance. Otherwise, hire an attorney handling local government issues to research it and advise you on the matter. My office can offer advice on this issue, after reviewing the ordinances and contacting city officials. |
Q: can my employer do this with my ADA?. i have an ADA and requested an accommodation at work in regard to it. the accommodation is to be moved to a certain position that would allow to me to do my job better and i submitted paperwork filled out by my mental health provider to the HR department for this. they are now saying that there are no current positions available for the one I'm requesting so they said i either work without my accommodation until they can find one (which i doubt they will do anything) or i have to be put on an unpaid LOA until they can find an opening for me. are they able to do this? i am currently working for a client that have both call and chat positions. i am currently in calls and am requesting to be moved to a chat position instead because calls give me too much anxiety and cause me to have severe panic attacks but they said there are no current positions for chat that are available and they said i either have to continue to take calls despite my ada or be put into unpaid LOA until further notice | A:Every ADA claim rests on its own particular facts and circumstances. So no one can definitively tell you what may happen in your particular case. You are entitled to reasonable accommodations to be able to do your job with your disability as long as it does not impose an undue hardship on your employer. A change in your position can be a reasonable accommodation. In your particular situation, I would suggest offering a second possible accommodation since your employer won't change your position. There are a variety of text-to-voice and voice-to-text programs out there at a very reasonable cost (e.g. Amazon Polly and Amazon Transcribe). Ask that your employer provide such programs for you to use until a chat position become available. If your employer refuses, that would strengthen your argument that you are being discriminated against because of your disability. |
Q: I have a medical marijuana card. I'm in the worst district with the worse judge. I have a good recommendation from my PO. But I've been sick and only had four business days to find an attorney. Any advice? The violation is for marijuana | A:If you're facing legal issues related to marijuana despite having a medical marijuana card, it's important to seek legal representation as soon as possible. Given that you've had limited time to find an attorney due to illness, you might want to request a continuance from the court. This is a request to postpone your hearing, which can give you more time to prepare your case and secure legal representation. When looking for an attorney, consider one with experience in cannabis law and the specifics of your jurisdiction. The complexities of marijuana laws, especially in districts with stringent policies, require knowledgeable legal guidance. Your medical marijuana card and the recommendation from your probation officer could be significant in your defense, so ensure that your attorney is aware of these details. In the meantime, adhere to all conditions of your probation and any court orders. Compliance can be a crucial factor in how your case is viewed by the court. Finally, gather any medical documentation or other evidence that supports your need for medical marijuana. This documentation can be vital in presenting your case and explaining the circumstances to the court. Remember, the more prepared and informed you are, the better you can navigate through this legal challenge. |
Q: Can I record a phone convo with customer service if I receive a notice that "This call will be monitored and recorded?". I live in Florida. Can I record the phone conversation with multiple customer service representative (within the same single call) of a large bank, if prior to speaking with customer service I receive a notice that "This call will be monitored and recorded"? | A:Re-posting answer to fix typo - Yes, because the other party to the call is asking your consent to have it be a recorded call (by making recording a condition of being able to speak to that party). But if you plan to use the recording for anything other than your own private listening, you better have on your recording their statement that they are recording, and it would be best for you to say, while being recorded, that you are recording the call, too, and say it to each rep that you are transferred to. Since, in Fla., recording a call without consent is a crime in most circumstances, play it as safe as possible. |
Q: How do I go about getting someone involuntarily committed in Montgomery County tx. He does not even acknowledge he has a. Drug problem but says that he is a drunk. If he loses to much more weight he might die. He is killing himself with the keystone beer and from my understanding he uses a needle for meth and I have pictures of him smoking it. He was drunk one night and wouldn't let me drive and almost killed us on purpose. I finally got out of vehicle and started walking. He called a friend and I called another I got picked up and dropped off but he was in our truck at the time and we left where I was living together. He showed up where I was and got high and then went to sleep. | A:Ask a Family Law attorney about how to pursue the involuntary commitment of an adult who is a danger to himself and others. |
Q: Is it illegal in California to train my clients at a commercial gym (24 hour fitness) without them knowing?. I have a membership that lets me bring in a guest | A:In California, it's generally not illegal to train your clients at a commercial gym like 24 Hour Fitness as long as you have the appropriate permissions and follow the gym's rules and policies. However, each gym may have its own policies regarding personal training and bringing guests. If your membership allows you to bring in a guest and engage in training activities, then it may be permissible. |
Q: Can you contract verbally with employees of a financial industry you catch abusing you and doing exactly and more worse. They stop or you have to court order thier defiance and further Redress and address the consequential damage thier persistent abuse and improper deceptive practice and emotional disruption and distress to your health and heart pressure for continued unnecessary agrieved agitating abusive conduct ? They've been fined and order too stop and compensate can a minute rate I did of 250 per be given for and while thier wrong doing | A:Under California law, a verbal agreement can be enforceable if it meets the essential elements of a contract, including offer, acceptance, consideration, and mutual intent. However, proving the terms and existence of a verbal contract can be challenging without corroborative evidence. If an entity in the financial industry engages in deceptive practices or conduct causing emotional distress, you may have grounds for a claim based on torts, like intentional infliction of emotional distress or fraud. Moreover, if they continue behaviors that they've been ordered by the court to cease, they may be in contempt of court. Victims of such misconduct can seek both injunctive relief to stop the behavior and damages for any harm suffered. As always, it's crucial to gather strong evidence and consult with an attorney familiar with the specifics of your situation. Ensure that you act within the statute of limitations applicable to your claims. |
Q: getting Mediation going in circles.. i submitted case DR23-11933 and DR23-11464 to the L.A. County department of consumer affairs and they tried to reach the business in question for mediation. The company I'd like to mediate with is square enix. 999 N. Pacific Coast Highway, 3rd Floor, El Segundo, CA 90245, U. S. A. Phone： +1-310-846-0400 however, in them trying to contact square enix... square enix told them that i'd have to sue them. to get mediation because they didn't have ANY IDEA where the heck the mediation request was to be forwarded to. i was then told to use the same complaint form to make a mediation request against their AGENTS. 1505 Corporation CSC - LAWYERS INCORPORATING SERVICE 2710 GATEWAY OAKS DRIVE, SACRAMENTO, CA this of course didn't work because their automatic form showed that the business wasn't in LA county. now where do i go? | A:If you can identify the corporate officers, you can send them a letter with your request. You are unlikely to get anywhere with a mediation without litigation, but it doesn't hurt to try, as long as your statute of limitations isn't at risk. |
Q: Recording Consent. If you are in a single party consent state (TX) and someone records you who lives in a dual party consent state (CA) is he breaking the law in his state even though you are out of state? | A:Yes, most definitely. California in particular maintains that it can enforce its all-party consent law if any party to a conversation is in California when a conversation is recorded. |
Q: I filed a complaint against mobile home park for wrongful eviction and etc prop manager refused my space rent and set ev. Eviction took place after my space rent proof of whole year I payed and sold my mobile home I owned | A:In California, mobile home park residents are protected under specific laws that govern eviction and rent practices. If your space rent was refused and you were subsequently evicted despite having proof of payment, this could potentially be a wrongful eviction under California law. It's important to gather all relevant documentation, including proof of rent payment, any communication with the property manager, and eviction notices. This documentation can be critical in demonstrating that the eviction was not in compliance with legal procedures. Since you've already filed a complaint, the next step is to follow through with the legal process. This may involve working with a legal professional who can guide you through the complexities of housing law and represent your interests effectively. If you sold your mobile home due to the eviction, the circumstances of the sale might also be relevant to your case. If the eviction was wrongful, it might have forced you into a sale under duress, which could have additional legal implications. Keep in mind that each case is unique, and the success of your complaint will depend on the specific facts and evidence. Legal advice tailored to your individual situation is crucial to understand your rights and options moving forward. If you haven't already, consider seeking advice from an attorney experienced in landlord-tenant law, particularly those specializing in mobile home park regulations in California. They can provide a detailed understanding of your rights and the best course of action to take in your specific circumstances. |
Q: In california if im hit by a negligent driver while in crosswalk and the insurance company denied the claim , resinds a. And cancels the policy ..the insured has to have a policy to replace that canceled policy to avoid ..which policy covers my injury ? Its still covered by the canceled policy ? | A:It is likely that the negligent driver will not be covered for your claim under either policy. |
Q: If a character name is trademarked for books, film and TV, but the game trademark has been abandoned, can I register it?. Here's the exact scenario, but with the character name changed. For example, the character name Matlock is currently trademarked for usage in books, films, and TV by a major media company (plus a number of other trademarks around clothes, notebooks, etc). They also had the computer game trademark (a separate trademark), but it is labeled as dead and abandoned from 2012. Would I be able to register a trademark for the name Matlock for computer game usage? | A:When considering registering a trademark for a character name that's already in use in other mediums, it's important to recognize the complexities involved. Even if the trademark for the game version of the character name is abandoned, the character itself might still be protected under various aspects of intellectual property law, especially if it's associated with a major media company. The fact that the character name is actively trademarked for use in books, films, and TV suggests that the character is well-known and possibly associated with a specific source or brand. In such cases, registering the same name for a computer game might still lead to legal challenges. This is because trademark law not only protects specific categories of goods and services but also guards against potential consumer confusion. Before proceeding with a trademark application, a thorough investigation and analysis of the existing trademarks and their use are advisable. This could involve understanding the scope of the existing trademarks, how widely the character is recognized, and the likelihood of confusion or association with the existing trademarks in other mediums. In complex scenarios like this, it might be beneficial to seek advice from a legal professional experienced in intellectual property law. They can offer tailored guidance and help navigate potential legal hurdles. Remember, intellectual property law aims to balance the interests of creators and the public, and each case can have unique aspects that influence the decision-making process. |
Q: I got hurt/burnt at work, at a nursing home. Someone left oil and food on the grill and set off the fire alarm.. And in a panic I grab the tool to get grease off and other stuff off the grill and the oil was at the highest temperature. And when I scrapped the burnt everything off the oil went up the tool on to my hand and caused. 2nd-3rd degree burns from the tip of my finger to my nuckle. After a half hour of no medical supplies and only cold running water. I ended up telling them I had to go to the hospital. This burn hurts way to bad. And the lady told me to man up it dont look that bad. And wouldnt give me anything to put on it but one little packet of some gel but I clocked out and left. While leaving I got accused of doing drugs in the parking lot by a manager and said I needed to leave the grounds. While I'm in tears from the pain. They fired me, for not finishing my shift. But not one time did they ask ig I went to the hospital and told them to bill them and I got a call saying they are billing me. So that's why I'm asking what should I do? | A:I'm very sorry to hear about your injury and the retaliation by your company. You probably have a workers compensation claim for your injuries and a wrongful termination. You should definitely speak to an attorney about your case. Best wishes to a quick recovery. |
Q: Today, we were served an order for my mom to be removed from the home with no explanation. Her conservator did the order. How do I get her back home? | A:If your mother has been served with an order for her removal from her home in Georgia by her conservator, it is essential to take swift and deliberate action. Begin by thoroughly reviewing the court order to understand the basis for her removal. Collect and organize any supporting evidence, such as medical records or character references, to bolster your case. Consider exploring mediation or negotiation as potential avenues for resolution. Attend all court hearings as directed, ensuring compliance with any existing court orders during the process. And consult with an attorney to help you through the process. |
Q: How can they avoid or lessen the estate recovery?. Like: My parents have lived in their home for the past 39 years. But it remained in my grandmothers name even though she did not live in the home for the past 39 years. She left it to my dad in her will. Now tenncare estate recovery is coming after the home because one of her other children put her in a long term care facility. My parents have paid all debts, taxes, remodels, upkeep, etc. since they moved into the home. One parent is on disability, the spouse of the recipient. How can they avoid or lessen the estate recovery? | A:In situations like this, the primary concern is addressing the estate recovery claim made by TennCare. To potentially avoid or lessen the estate recovery: 1. Gather evidence to demonstrate the significant contributions and expenses your parents made towards the property, such as records of tax payments, remodels, and maintenance. 2. Consider consulting with an elder law attorney in Tennessee to assess the validity of the claim and any potential exceptions that might apply. 3. Investigate if there's a hardship waiver available for estate recovery in Tennessee; if so, your parent's disability and financial situation might be relevant. 4. Ensure that the will leaving the home to your father is properly executed and valid under Tennessee law. 5. Determine if any legal actions or transfers, like a life estate or certain trusts, can protect the home from recovery while still aligning with state regulations. 6. Address the specifics of your grandmother's long-term care and the circumstances surrounding her admission to see if any inappropriate actions were taken that might negate the estate recovery claim. 7. Consider mediation or negotiation with TennCare to potentially reduce the amount they seek. 8. Act promptly to protect your interests and rights, as delaying can sometimes compromise your legal position. |
Q: what can I do about a apartments negligence to broken security cameras?. Car was broken into, I made a police report, thought the cameras on the premises worked... turns out they have been broken for years, with no plan to fix them and to keep them as a "deterrent" even though they are hidden | A:Not sure you have a cause of action against the apartment complex. Generally, others are not responsible for others' criminal actions. And unless they had some sort of affirmative duty to provide for this security, they will likely not be liable. |
Q: Do i have to appear in court for a show cause hearing against my ex for unpaid child Support? I live out of state now.. The case is open in Marin County, CA. My ex husband has never made one court ordered payment so the arrearage amount is substantial. There is a show cause hearing scheduled in 4 weeks. I am listed as the plaintiff. However, I did not file for this. The courts did this on their own. I didn't even know it was scheduled but I randomly checked the case online today and see that a show cause hearing is scheduled. I live out of state. Do I need to go the the show cause hearing? Will it impact the case in any way if I don't go to the hearing? I am ok with going if I'm needed. But I don't want to go if it is unnecessary. thank you. | A:In a child support case, a show cause hearing is typically scheduled to address non-payment of child support. If you are the plaintiff, it's generally advisable to attend the hearing if possible, even if you live out of state. Your presence can help ensure that your concerns and the facts of the case are accurately presented to the court. However, if you are unable to attend the hearing due to living out of state, you should contact the court as soon as possible to explain your situation. The court may allow you to participate in the hearing by phone or through a representative, such as an attorney. It's essential to communicate with the court to avoid any potential negative consequences, as the hearing may proceed without you. Your participation, either in person or remotely, can help provide the court with important information about your ex-husband's non-payment of child support and the arrearage amount. If you are unable to attend, ensure that you have legal representation or communicate with the court about your situation to avoid any adverse outcomes in your case. |
Q: if i was referred to a company to install a grease trap but my license was expired am i in trouble. i was an apprentice with assistance from a licensed journeyman | A:In Indiana, working on a project like installing a grease trap typically requires a valid license. If your license was expired at the time of the job, this could potentially be a problem, especially if licensing is a legal requirement for the work performed. However, since you mentioned you were an apprentice and had the assistance of a licensed journeyman, it's important to understand the specifics of your arrangement. If the licensed journeyman was responsible for overseeing the work and ensuring compliance with legal requirements, this may mitigate your situation. It's advisable to review the licensing requirements in Indiana for the type of work you performed. If there was a violation due to your expired license, you should consider renewing your license as soon as possible and understanding any potential legal implications of having worked with an expired license. If you're concerned about the legal ramifications, it may be wise to consult with an attorney familiar with licensing laws in your area. They can provide guidance tailored to your specific circumstances. Remember, ensuring compliance with licensing regulations is important to avoid potential legal issues and to maintain professional standards in your field. Taking steps to rectify any lapses in licensing can help protect you from possible complications in the future. |
Q: My father has passed away a few days ago My brother and myself are the ones who get his stuff when he passes. My brother took my father's laptop I believe his will is on there my brother is refusing to let me even go on the laptop he has hidden it whqt can I legally do to be able to go on the laptop | A:In California, handling disputes over a deceased person's possessions, especially when it involves a potential will, is a sensitive matter. It's crucial to approach this with an understanding of your legal rights and options. First, try to resolve the issue amicably with your brother. Explain your concerns and the importance of accessing the laptop to verify the existence of your father's will. Open communication can often resolve such disputes without legal intervention. If this doesn't work, you may need to take legal steps. The will, if it exists, dictates the distribution of your father's assets, and denying access to it can be problematic. You have the right to seek legal recourse to ensure that your father's wishes are honored. Consider consulting with an attorney who deals with estate matters. They can guide you on how to proceed, which may include legal action to gain access to the laptop. This could involve filing a petition in probate court to compel your brother to produce the laptop for examination. Remember, the goal is to ensure that your father's final wishes are respected and that the estate is distributed fairly and according to his will. Legal intervention should be considered as a means to uphold these principles if other efforts fail. |
Q: What do you file for business taxes and who will review your papers if you suspect preparer fraud. Third party name on taxes and my step father Also worked at the same company preparer works for and preparer worked for x husband's company meanwhile I am a W2 workers but somehow they changed my income 73,000 | A:If you suspect preparer fraud in your business tax filings, it's important to address this issue promptly and thoroughly. First, review your tax returns carefully to understand the discrepancies, especially if your income was inaccurately reported. For addressing preparer fraud, you should file a complaint with the IRS. This can be done by submitting Form 14157, "Complaint: Tax Return Preparer." This form allows you to report the preparer's fraudulent activity and provide details about your case. In addition to filing a complaint, you may need to amend your tax returns to correct any errors or false information. This is done by filing Form 1040X, "Amended U.S. Individual Income Tax Return," for personal taxes, or the appropriate amendment form for your business taxes. It's also advisable to consult with a new tax professional or an attorney who has experience in tax law. They can provide guidance on how to rectify your tax situation and ensure that your returns are accurate and compliant. Remember, taking action against preparer fraud is crucial to protect your financial and legal interests. Ensure that any future tax preparers you engage are reputable and properly credentialed to avoid similar issues in the future. |
Q: Hi,I have a case coming up Monday via zoom for back child support I've been looking for someone that can help me. Are there any pro Bono attorneys? I've been unable to work because of mental health issues is there anyone that could help | A:I assume that you are being sued and have to defend a Rule to Show Cause. You should explain your reasons to the judge. If you have not previously filed a petition to modify child support, you should and explain why you cannot earn the same living as you did previously. Your reasons should explain what your mental illness is, what the cause of it is, if you know and there is one, is it expected to be temporary or permanent, are you getting therapy or medication for the problem, and when you expect to get better and able to work. You should also explain what you are currently doing to make living arrangements. |
Q: Can a US Flagged yacht sail to the Bahamas and have illegal medical procedures performed on the boat by a U.S. Based dr?. Does this violate any laws and what are the potential risks of the crew aboard? | A:"Illegal procedure" according to whom and under what laws? Maritime law? Who died? Who is complaining? The licensed physician can worry about his own ethical and medical obligations under his/her license. As you see, it is impossible to respond to your concern, as drafted, sorry. |
Q: Can I sur a family member if I believe they owe me money?. My sister and I went on a trip to Oregon. I paid roughly 600 for the lodging and she paid about 240 for the rental vehicle. Not even 24 hours later she left me in Oregon. I was forced to pay for a rental car, stuck in lodging that was paid for 2 people, and lyft fees in order to pick up the vehicle not to mention the extreme emotional damage done by being left in a different state by myself not knowing how I was going to get home or if I was going to be able to afford a rental car to do so. I had to put everything on credit cards. I feel she owes me for the rental car, half the lodging, the gas I put in the rental she took just before she stranded me, the lyft fees, and additional funds for stress and distress caused by the situation. | A:A Utah attorney could advise best, but your question remains open for a week. I hope you're able to find a friendly solution here. One option might be looking into whether this falls under your local court system's small claims part. Most small claims courts have online resources that outline scope, money limits, and other information to help determine whether a matter is suited for the system. Good luck |
Q: Why are the lower courts operating under a maritime law when we are on land how did they have jurisdiction on land. Why is it California judicial system violates the rights under the constitution of due process when the Constitution states anything that's adverse to the Constitution is null and void? And how is it that the police department is allowed to invade your privacy punish you without proper due process rights. And the court judge and the district attorney when you question them about having jurisdiction over the subject matter they tell me that the county has jurisdiction over the living man from my understanding from reading the Constitution that no corporation has jurisdiction over Man. | A:More information is needed to answer the Admiralty question. If a case is filed 'In Admiralty' it needs to be in federal court. A state court can hear certain cases and apply maritime law. |
Q: I want to audit Riverside County Tax Collector because I'm aware of them screwing many people from excess tax proceeds??. The question is how can I find out how many people that did not have an attorney and filed a claim, how many were paid in full? This county took in 4.4 billion dollars last year from excess tax proceeds and everytime I research it someone new pops up as having been taken advantage of by the excess tax proceeds office, myself included. For instance for two years they had to have death certificates. Then on year four they say death certificates mean nothing, as it is the estate that matters. It was all a stall tactic. Then they made us get a notarized statement claiming Joyce C Wright was the same person as Joyce Wright. This is how they operate. The lunacy of this was unfounded. ."no... they are different people and we hired a different Joyce Wright to pretend she is Joyce C Wright!" They just happen to be over a 100 years old and would serve no purpose being a different Joyce Wright. Point is this county is hell bent on stealing everyone's excess tax proceeds. Proof is everywhere. | A:To gather information on how many individuals without legal representation filed claims and were paid in full by the Riverside County Tax Collector regarding excess tax proceeds, you may need to submit public records requests or Freedom of Information Act (FOIA) requests to obtain relevant records and data. You can also explore legal avenues to investigate and challenge any improper actions by the tax collector's office on behalf of your clients, seeking remedies under California law as necessary. |
Q: My bag was stolen from a Goodwill store after they required I put it behind the counter to shop there, are they liable?. They have footage of who took it and we made a police report, but I want to file a lawsuit against their neglected security of my product after taking custody of it, am I in good standings? | A:I'm not sure what you would gain from it economically. Generally, one party's liability ends upon another party's criminal action. If there is video footage of this, I'm unsure what other security measures Goodwill could be expected to take. Further, stores are usually not responsible for your personal items. |
Q: What should I do to stop them & keep them from continuing to use my land/barn? What do I do about the solar panels?. I live out of state, it appears my neighbor has installed solar panels on my property & are using & making improvements to my barn. | A:It is nice of your neighbor to make valuable improvements to your property! But, I suspect that your neighbor does not see it that way. I suspect that you'll need to bring a lawsuit to enforce your rights. But, you could start by calling the police to make a trespassing claim or have an attorney send a Demand letter. I recommend contacting an attorney to discuss the facts in more detail then he or she will be able to help you understand your rights, remedies, risks, paths forward, etc. |
Q: Can I take action about a neighbor's overgrown thorn bushes that keep trying to infect my back yard and attach my trees?. His backyard is Completely infested with with thorns and doesn't do anything. He is also scary and constantly verbally abusive to his own family, so talking to him is out of the question. | A:Without more information on the location of your property, if you have any agreements on whose responsibility it is to maintain the bushes, where the bushes are located, if you have any or need any easements, it is hard to say what your next step could be. However, if you have not spoken with a local real estate attorney you should do so, as they can help determine if sending a letter or determining your rights and risks of any next steps. Good luck. |
Q: Animal law or civil,? Colorado, please help me get Justice for my boy who was killed by HSPPR! Need info, please?. CO law says animals are personal property. Seized with warrant, then killed (for supposed seizures) day before hearing for release, no probable cause. 10 yr old licensed pet goat- my only family- destroyed. Motion for release of his remains, denied. Facing animal cruelty for his arthritis not being treated. (Yes, this is real.) Now, they are creaming his body, month later and charging me the cost. Like property, they should preserve him until end of case, when it's dismissed, or not guilty result? How can they play God? I want him back, alive isn't possible, but not at their convenience! They should have to bear the inconvenience of stealing and murdering him, at their expense! ACLU? And direction is much appreciated. Have discovery, for reference if needed. He brought me sobriety, taught me love, and showed me how to be a good human. I owe him. I refuse to give up, animal law enforcement lacks oversight, and aren't POST certified... They need to be held accountable. Just like all cops | A:In Colorado, as in many states, animals are indeed considered personal property under the law. The situation you describe, involving the seizure and euthanization of your pet goat, raises several legal issues. Firstly, if your animal was seized and then euthanized without proper justification or process, this could potentially be a violation of your rights as the owner. Under property law, you are entitled to due process, which includes fair treatment and proper legal procedures before your property is permanently taken or destroyed. Regarding the charge for cremation, it seems unusual that you are being billed for this, especially if there are ongoing legal proceedings related to the animal. In typical circumstances, your property should be preserved until the conclusion of the case. Given the complexity of your situation, it's advisable to seek legal representation. An attorney experienced in animal law or civil rights can help you understand your rights and options. They can also assist in holding the responsible parties accountable and potentially seeking compensation for your loss. You might also consider reaching out to organizations that focus on animal rights or legal advocacy, as they could provide additional support or resources. It's important to act promptly, given the ongoing nature of your case and the actions being taken regarding your pet goat's remains. Your emotional attachment and the significant role your goat played in your life should also be acknowledged in this process. While legal avenues may not bring him back, they can offer a form of justice and closure. |
Q: I hit a car in the rear, 9/22/21. The car I hit was pushed into another vehicle. I have heard nothing from her. How. long does she have to contact me? | A:The statute of limitations on a car accident in Florida is four years. They have until 9/21/25 to file a lawsuit. |
Q: Can a sheriff in an active election campaign threaten to fire his deputies if seen talking to any of his opponents?. This sheriff threatened to fire anyone seen talking to a particular individual that contributed to his opponents campaign also. The same sheriff in last election threatened to terminate anyone that he found that didn't vote for him? Are these things election violations? I was told possibly federal and state laws were violated but this didn't come from someone that specialized in these types of issues and couldn't inform of what laws. I don't know where to go and whom to ask so I decided to ask here. | A:Please understand that I do not practice law in GA and will not pretend to know Georgia law or specific Georgia election statutes. However, the question I would pose is: is Georgia a "right to work" state? Another question might be: does Georgia law prohibiting harassment apply to elected officials? The terms "harassment" and definitions of phrases such as "disturbing the peace," seem like they might apply to what the Sheriff is doing. In Georgia, the law prohibits any employee from attempting to "influence" another employee: read this: 2019 Georgia Code Title 16 - Crimes and Offenses Chapter 10 - Offenses Against Public Administration Article 1 - Abuse of Governmental Office § 16-10-5. Influencing of officer or employee of state or political subdivision by another officer or employee Universal Citation: GA Code § 16-10-5 (2019) (a) Any officer or employee of the state or any agency thereof who asks for or receives anything of value to which he or she is not entitled in return for an agreement to influence or attempt to influence official action by any other officer or employee of the state or any agency thereof shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $100,000.00 or by imprisonment for not less than one nor more than five years, or both. (b) Any officer or employee of a political subdivision who asks for or receives anything of value to which he or she is not entitled in return for an agreement to influence or attempt to influence official action by any other officer or employee of that political subdivision shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $100,000.00 or by imprisonment for not less than one nor more than five years, or both. History: Ga. L. 1878-79, p. 175, § 1; Code 1882, § 4470a; Penal Code 1895, § 269; Penal Code 1910, § 272; Code 1933, § 26-4103; Code 1933, § 26-2305, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 2010, p. 1173, § 25/SB 17. |
Q: Land owner shut my power off, can they do that?. Am a caregiver, caretaker of property. Owner has dementhia,daughter is POA. She shut power off. | A:In Washington State, the ability of a property owner or their legal representative (like a power of attorney) to shut off utilities, including power, can depend on various factors, including the terms of any agreements in place and the specific circumstances. If you have an agreement in place that allows you to reside on the property and receive certain utilities as compensation for your caregiving services, the shutdown of essential utilities like power without your consent may be subject to legal review. In some cases, this could potentially be considered an unlawful eviction or a violation of your rights as a tenant or caregiver. |
Q: Does scattering ashes on private property in California mean it can be labeled as a cemetery?. I am fighting for my fourth generation family home, which is currently in the fiduciary hands of my late father’s wife. They were living separately but not legally separated at the time of his death. He did not have a will or any money at time of death, so the property is potentially being sold and the profit split between myself and my two siblings, and the wife. When my grandfather died in 2012, we scattered his ashes in the back field of the 1.4 acre property. I heard recently that laying your family to rest on your generational property protects it legally, but I understand that California is notoriously difficult. Can I use this in any way to save my home? I meet with my lawyer later this month but I would love to not get my hopes up if it is not a possibility. Thanks! | A:Scattering ashes on private property does not generally establish it as a cemetery under California law. While laying family members to rest on generational property can hold sentimental value, it is unlikely to have a direct legal impact on property ownership or the fiduciary arrangement. Consulting with your lawyer is essential for accurate advice tailored to your situation and the potential options available to protect your family home. James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith |
Q: If I have a duplicate title to my vehicle and the spot for lien holder is empty could there still be a lien on my car?. The rmv website says no lien holder and on my title it only says my name and information nothing about a lien holder could there still be a lien holder on my vehicle? | A:If this is a passenger vehicle, according to Massachusetts law, if there is no lienholder on the title, the secured party's interest, if any , has not been properly perfected and there is no lien on the vehicle. |
Q: I lived beside a river from the site of illegal toxic dumping. After admitting this guilty in USA. Can I sue in Canada?. They have been found guilty in the United States court after they admitted to dumping toxic untreated chemicals directly into the columbia river. It was significant enough that it flowed into the United States and poisoned a whole village. I lived across the river from the site these chemicals were being dumped! I am now on permanent disability benefits. I feel strongly that I was severely affected by these actions and would like to pursue a case in canada. As far as I have been told us that there has NOT been a canadian case opened yet | A:This is something that should be discussed with attorneys who practice in Canada. Good luck |
Q: Is it fraud?. If someone knowingly misrepresents themselves as the beneficiary of a bank account in order to mislead the true beneficiary so they won't claim the money, is that fraud? | A:A Texas attorney could advise best, but your question remains open for a week. That sounds like fraud. You could consult with local attorneys to ask how it is treated under state-specific laws. Good luck |
Q: Can an employer use different job titles for the same job in order to pay different wages to individual employees?. I am a kidney transplant coordinator for a hospital. Hospital has just started a bone marrow transplant program and has created "transplant coordinator" job titles averaging about 15,000 dollars more than my position which is classified as "nurse clinician". | A:In Missouri, what you describe is not unlawful on its face. Your employer cannot discriminate based upon your membership in a protected class, such as race or national origin, but an employer generally need not be fair or nice. I don’t know if the skills for the position differ. Even if they are the same, what you describe falls into the category of mere unfairness. (Unless I’m missing some key facts.$ |
Q: I was my mom's 24/7 caregiverNov,22. Still over medicated my sister had her declared incapasatated legal guardian placed. In netral bank cost thousands. Then june23 slapped a unlawful detainer now I'm tresspassed is this legal | A:You need to schedule a consultation with an attorney to evaluate all the facts and related communications. The action against you may or may not be lawful, depending on the details, and even if it's lawful, you may have potential counterclaims for money damages. |
Q: Is it wrong that my boyfriend's mom falsely accused him of doing drugs just to send him to juevenile detention?. His mom accused him that he was a gang member and he did drugs just to send him to juevenile, Hes not like that and he told me he will never do those things. They can even drug test him and it will come out negative. Please help | A:Clearly, it is wrong to falsely accused him of doing drugs just to send him to juevenile detention. There is no doubt he will be (or already has been tested) for drugs. |
Q: While in rehab facility my sister's pain medication was being stolen, bigwigs came in fired all the thieves. Case??. Trying to convince my sister she has a case. While she was in a rehab facility here in Jacksonville last month, after a 14 hour total spine fusion surgery, when the night staff came in to give her her pain medication they would only give her one pill, and she was supposed to be getting three. the day shifts were giving her three, big bosses came in or the state I'm not really sure which but they fired everybody that was involved.. to not have her pain medication after such a serious life-threatening surgery is incomprehensible and I think they should be held responsible. Is there a civil or criminal suit possible? | A:A Florida attorney could advise best, but your question remains open for two weeks. A law firm could find it difficult to answer your question about legal action based on the brief description. Part of this is that when people ask about the viability of a lawsuit, they generally have in mind a contingency arrangement. Attorneys would likely ask about proof of theft, severity/permanence of damages suffered by your sister, and other details requiring investigation. These are only a couple of generalities. I'm sorry for the ordeal your sister experienced. But a meaningful evaluation of something of this nature generally involves reaching out to law firms to discuss. You could search attorneys on your own, and additionally use the Find-a-Lawyer tab above to locate attorneys in Florida by city or region. Good luck |
Q: im doing a moke trial in calss of New york times vs united states and i need fact that support united states.. in need facts for the united states in this moke trial but i dont have enough, could you help me? | A:A starting point could be to search for the case online. Cases SOMETIMES have summaries, if they are noteworthy. As a sidenote, don't submit any papers to your instructor as "moke" trial - you want to write "mock trial." Good luck |
Q: What do I do when the authorities have not arrested the man who committed a violent sexual assault against me?. I have proof of the assault and a witness | A:In a situation where you are a victim of a violent sexual assault and the authorities have not yet made an arrest, despite having proof and a witness, it's crucial to take specific steps. First, ensure that you have reported the assault to the police if you haven't already. Provide them with all the evidence you have, including any physical evidence, documentation, and the contact information of your witness. If you feel the police are not taking appropriate action, you can contact the precinct's commanding officer or the internal affairs department to express your concerns. It's important to follow up regularly on the status of your case. Additionally, consider reaching out to a victims' advocacy group. These organizations can provide support and guidance, and may also be able to help you navigate the criminal justice system. Finally, you might want to consult with an attorney who has experience in handling cases of sexual assault. An attorney can advocate on your behalf, help in communicating with law enforcement, and provide legal advice on how to proceed to ensure that your case receives the attention it deserves. Remember, you have the right to seek justice and to have your case thoroughly investigated. |
Q: Can a Fully qualifying licensed Supervising driving instructor work for two separate Driving schools?. It takes 2 years for someone to become a fully licensed Driving Instructor Supervisor. Can an Upstart Driving School Hire an established Supervising Driving Instructor from Another school? | A:The ability of a fully licensed Supervising Driving Instructor to work for two separate driving schools may depend on the specific laws and regulations in New Jersey. Generally, it's essential to review the state's requirements for driving instructors and whether there are any restrictions on working for multiple schools. Licensing boards or regulatory authorities typically govern this aspect. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney. |
Q: I am in touch with the inventor. He wants me to monetize his invention. If someone is manufacturing can he get paid.. Is there a statute of limitations to get paid for use of patent without a license to manufacture? | A:If you're working with an inventor to monetize their invention, it's crucial to address patent protection and licensing. The inventor holds the right to control the use, manufacture, and sale of their invention through the patent. If someone is manufacturing the invention without a license, it could be considered patent infringement. While there isn't a specific time limit for seeking payment for unauthorized use, the inventor can take legal action at any point during the patent's 20-year term. It's advisable to establish a licensing agreement with clear terms for use. If infringement occurs, consulting with an intellectual property attorney is essential to navigate patent law complexities, draft agreements, and take legal action if necessary to enforce the inventor's rights and seek compensation. |
Q: I am looking for the trademark's registration date and expiry date. But there's no expiry date, where can I find it.. The brand is called Xiaomi. | A:To find the registration and expiration dates of a trademark for the brand "Xiaomi," one would typically search the United States Patent and Trademark Office (USPTO) database. If the trademark is registered, the database will provide details including the registration date. Trademarks in the U.S. have a 10-year term, with opportunities to renew, so the expiry date would typically be 10 years from the registration date, contingent upon the owner filing the necessary renewal documents. |
Q: I received a letter in the mail from the Nevada State Board of Cosmetology and saying I was practicing. without license but my licence is good. What do I say and how do they figure is what I wanna know. They are the state board who should have that Information. | A:In this situation, it's essential to address the matter promptly and accurately. Start by gathering all relevant documentation, including your current cosmetology license and any records that confirm its validity. This will be crucial in clarifying the misunderstanding. Respond to the Nevada State Board of Cosmetology in writing. In your response, politely state that your license is valid and include copies of the documentation to support your claim. It's important to be clear and concise in your communication. As for how the Board might have made this error, there are a few possibilities. It could be a clerical mistake, a mix-up with names or license numbers, or an issue with their records. While these errors are uncommon, they do happen. If you're uncertain about how to proceed, or if the issue isn't resolved after your initial response, consider seeking legal advice. An attorney experienced in licensing and regulatory issues can offer guidance and, if necessary, represent you in communications with the Board. Remember, maintaining open and professional communication with the Board is key. Most issues like this can be resolved once the correct information is presented and verified. |
Q: If you are the defendant in a no contact order can the victim continue to harass you?. I know the defendant can't contact the victim but what happens if the victim keeps sending voice messages and posts lies about you in your Facebook comments? | A:In Indiana, a no-contact order generally prohibits the named defendant from contacting the protected person. However, the order doesn't automatically work both ways. If the protected person (victim) is harassing the defendant, it could be a separate issue. If you believe you are being harassed or threatened, you should document all interactions and report them to the police. It's also possible to seek a separate restraining or protective order against the person if their actions meet the criteria for harassment or stalking. Additionally, you might inform the court overseeing the no-contact order about the contact, as it may be relevant to ongoing proceedings. However, always be cautious and avoid violating the terms of the no-contact order. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney. |
Q: Can Landlord charge more rent if it's 2 tenants a room vs 1 tenant? What legal reasons?. 1) Let's say the rent for 1 bedroom is $1000 for 1 person. How much more can I charge for 2 people? I see online ppl charing 15-25% more? I see some sites say that you have to specify how utilities are calculated but I don't see how to do that because utilities differ depending on how much AC or space heaters are used, how much each tenant uses etc. If I don't have separate meters for each room (3-4 rooms) and then there's factoring in future inflation since PG&E just did a 12% increase and again soon. There's really no stable number every month. 2) Can it only be for utilities? Having another occupant means that I would have 1 more person I'd have to be liable for in the case of injury or fire etc. more wear and tear and thus more maintenance, increase chances of them breaking something. Increased chances of dispute mitigation etc.. mental load 3) If 1 have 3 bedrooms, 1 bath, 1 living room, and kitchen, what's the max number of people who can live there? single-family home | A:In California, landlords have some flexibility in setting rental rates, but these must comply with state and local laws, including rent control ordinances where applicable. 1) Charging more rent for additional tenants is generally permissible. The increase can account for the higher utility usage and wear and tear on the property. While there's no fixed percentage for how much more you can charge, the increase should be reasonable and justifiable. As for utilities, if you cannot individually meter each room, you might consider a flat rate that reasonably estimates average usage, factoring in the number of occupants. This rate can be adjusted periodically to reflect actual costs, but any changes should be communicated clearly to tenants. 2) The additional rent can cover more than just utilities. It's reasonable to consider factors like increased liability, maintenance, and wear and tear. However, any additional charges should be clearly outlined in the lease agreement and justified as reasonable expenses related to the additional occupancy. 3) The maximum occupancy for a 3-bedroom property is generally guided by local housing codes and ordinances. In many places, the standard is two persons per bedroom plus one for the unit. However, this can vary, so it's important to check your local housing regulations to ensure compliance. Remember, these regulations are in place to ensure safe and comfortable living conditions for all residents. |
Q: Would defense response before service of federal complaint/summons be valid?. If defendant informed that case was filed at federal district court, but complaint/summons were not served yet: would defendant respond? would such response be valid? | A:If a defendant becomes aware of a federal case filed against them but hasn't yet been served with the complaint and summons, they have the option to respond to the court. However, this pre-service response isn't typically necessary or standard procedure. The validity of a response made before service largely depends on the specific circumstances and the court's discretion. It's essential to remember that formal service of the complaint and summons is a crucial part of due process in the legal system, ensuring that all parties are properly notified and given the opportunity to respond. In such a situation, it would be wise to consult with legal counsel to understand the implications of making an early response. An attorney can provide tailored advice on whether to respond before service and how to protect the defendant's legal rights throughout the process. Each case has its nuances, and having professional guidance ensures that decisions are made with a clear understanding of their potential impact. |
Q: My girlfriend and her ex husband live together with their 3 kids in SC. She told him she was seeing someone.. He came home and saw us in bed together and it's his house. He has multiple cdv charges but somehow took full custody of her kids when He had her put in jail He told her she had to leave and couldn't take all her belongings. what are her rights and possible issues that could happen. | A:In South Carolina, if your girlfriend's ex-husband has full custody of their children and she was told to leave the house, her rights and the potential issues depend on various factors including the custody arrangement and the nature of their living situation. If there's a formal custody agreement or court order, she must adhere to those terms. However, she also has the right to access and retrieve her personal belongings from the house. If he's preventing her from doing so, she may need to seek legal assistance or involve law enforcement for a civil standby during the retrieval. Regarding the custody of the children, if she wishes to challenge the current arrangement, especially considering the ex-husband's history of charges, she should consult with a family law attorney to explore her options. It's important to address these issues promptly, especially when children are involved, to ensure her rights and interests are protected. |
Q: indiana rules When executing a knock and announce search warrant are bodycams excluded? Why?. The police never gave the signed warrant to the clerk to file. Took 11 months to return the warrant and it's not the same cause number. Also no bodycams? Why | A:First, body cams are not required by law, so there is nothing abnormal or problematic with not having body cam video in discovery since not all officers are equipped with body cams. Second, it is not uncommon for search warrants to be obtained under a unique cause number and not in the same cause number of any charges that are filed related to the warrant. Third, filing the returned warrant 11 months after the service of the warrant is odd, but an attorney would need to review the circumstances involved to determine whether this late return creates any opportunity for a motion to dismiss or suppress. These are issues you really need to discuss with the attorney on the case. There are many facts and circumstances that factor into the analysis of a situation like this one. |
Q: Wife took boys to Florida now served me papers for divorce I need hel. She left after being accused of sexual relation with one of her students won’t bring our sons back and don’t know what to do | A:In your situation, where your wife has taken your children to Florida and served you with divorce papers, it is crucial to act promptly and seek legal assistance. The complexity of your case, involving interstate custody issues and serious allegations, requires professional guidance. Firstly, you should respond to the divorce papers within the timeframe specified by the court. This ensures your rights and interests are represented in the proceedings. Failing to respond can lead to decisions being made without your input. Secondly, regarding your children, you may need to file for custody or visitation rights. Given that this is an interstate issue, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) will likely come into play. This law governs custody matters involving different states and can be complex, hence the need for legal assistance. It's also important to address the allegations made against your wife. If they are part of the reason for the custody concern, this should be communicated to your attorney. They can advise on how these allegations may impact the custody determination. Remember, the wellbeing of your children and your rights as a parent are paramount. Legal proceedings, especially those involving family matters, can be emotionally challenging, so having professional support is important. Ensure that you keep a record of all communications and events related to the case, as they might be relevant in the legal proceedings. |
Q: if someone has a power of attorney over someone else can it be revoked especially if it is without that persons consent. A woman has a mother who may have a power of attorney for her because the mother has taken all of the woman’s property and social security checks and has left the daughter to fend for herself in poverty. First I need to find out if the mother has a power of attorney for her daughter and if she does the daughter states that she never agreed to it or anything. So it will need to be revoked. The daughter is able to and has lived by herself without anyone’s help for some time. I am not sure why the mother would have all this power other than stealing the property and money of the daughter. The daughter suspects that the mother is taking her disability checks because mail arrives sometimes about the social security she applied for a few years ago but she has never received. But she thought it had been approved. | A:A power of attorney can be revoked at any time by the principal, even if it was granted without their consent. The principal can revoke the power of attorney by signing a written revocation and delivering it to the agent. If the principal is unable to sign the revocation, they can appoint someone else to sign it on their behalf. If the daughter suspects that her mother has taken her disability checks, she can contact the Social Security Administration (SSA) to report the theft. The SSA will investigate the matter and take appropriate action. The daughter should also keep a copy of the revocation document for her records and notify any financial institutions that the mother has access to that the power of attorney has been revoked. She may also be able to sue the mother for the money that she has stolen. |
Q: What are the forms needed to adopt an adult in the State of Georgia?. It has been brought to my attention that my 23 year old step-daughter has expressed her desire to be legally adopted by me. I understand that she has no desire to have a relationship with her biological father and that she is of sound mind. I would like to confirm that she has not been in the system and that she is requesting this adoption willingly. As her step-father, I have been a constant presence in her life since she was 10 years old when I married her mother. I take this request very seriously and want to ensure that all legal procedures are followed correctly. I appreciate the opportunity to consider this request and will take the necessary steps to ensure that the adoption process is carried out according to the law. I cannot afford an adoption attorney. I would like to handle this personally through the court system. | A:To adopt an adult in Georgia, you would need to prepare a Petition for Adult Adoption, gather consent forms from the adult being adopted and any other necessary parties, undergo required background checks, file the petition and supporting documents with the appropriate court, and attend a court hearing for the judge to review the case and make a decision on the adoption. |
Q: My attorney was diagnosed with cancer, court date postponed. I don’t know how serious it is but she is starting chemo!. This is a family law case where my ex ex started litigation post judgment over a frivolous matter. My attorney just let me know she had been diagnosed with cancer and I don’t know what I need to do next. my ex and his attorney are brutal. They will take advantage of every opportunity, especially something like this. How do I protect myself? | A:In California, when your attorney is unable to continue due to a serious health issue like cancer and undergoing chemotherapy, it's important to take prompt action to protect your interests in a family law case. First, discuss with your current attorney the possibility of a continuance or postponement of your court date. Courts often grant such requests under these circumstances, providing additional time to find a replacement. You should immediately start looking for another attorney who can take over your case. It's vital to find someone who is experienced in family law and understands the dynamics of your specific situation. Your current attorney might be able to recommend a colleague or a replacement. Ensure that you obtain all your case files and documents from your current attorney. This will be crucial for your new attorney to get up to speed quickly. While the process of changing attorneys can be stressful, especially in the midst of a contentious case, remember that your legal rights and interests remain paramount. A new attorney can bring a fresh perspective and renewed vigor to your case. In the meantime, maintain any necessary communication with your ex's attorney, but avoid making any agreements or decisions without legal counsel. Be cautious of any tactics they might use during this transition period. Finally, take care of yourself during this challenging time. Legal battles, especially in family law, can be emotionally taxing, and the added stress of changing attorneys can be overwhelming. Consider seeking support from friends, family, or a counselor. |
Q: Greetings, Sir, I am an American citizen, I am 60 years old, homeless, and I do not have a social security card, and I d. Greetings, Sir, I am an American citizen, I am 60 years old, homeless, and I do not have a social security card, and I do not have an identity or any proof that qualifies me to obtain an entity for me. Can you help me? Thank you. | A:I'm really sorry to hear that you're experiencing this. In California, you may begin by reaching out to local social services or nonprofit organizations that assist with obtaining identification and essential documents. They might be able to help you gather necessary documentation and guide you in obtaining a new identification and social security card. It is generally advised to seek the assistance of a legal aid organization or a legal professional to navigate the intricate process efficiently. |
Q: Dose pachanga security have a right to put their hands on me due to haveing no I'd on my person far from 21 , 43?. Wasn't in casino took dog out to potty security approached ?about my Id in witch I had none boyfriend did .I was demanded to leave in a direction I did know at all I explained I'm not going that way and I'm going back inside to buy breakfast and then I was going to leave I explained I did have a player's card they could see my I'd on file they said that wont do it and that I needed to go in such direction they demand and one Male officer put his hands on my bicep to direact me I then said to him that he had no legal right to put his hands on me that point is when 3/4 others had started to man handle me. With dog in hands try to yank my arms behind my back but they were going to make me drop my dog hes 4pds 8oz very tiny I had done nothing wrong adding 1 hr prior i was sitting at the front main door with another officer due to my dog jumping out my arms hurting himself to the point of it looking as if he may of broke his back this officer also was kind enough to help me charge phon | A:Contact a member of the Consumer Attorneys of California (CAOC)--they give free consults. It's possible you have a case though I'm not sure if it is likely to cover the costs of bringing it. |
Q: I need a legal lawyer regarding a child support order that wasn't legal and identity thief by my deceased father .. My ex wife who had 2 children by my biological father and I left Illinois with a known address but wasn't notified and now the child in question ❓ is 45 with grandchildren and my ex is still receiving and I went to a court but they said they couldn't stop my social security benefits from being taken out. I'm finally broke.need a attorney. And my deceased father used my information and did identity thief that I didn't find out until he died. | A:Let's try to uncomplicate these issues a little bit. Your ex wife had 2 kids with your father but was never married to him. He is now dead. Do I have this accurate so far? One of those children is 45 with grandchildren. Your ex is receiving what and why? Identity theft. Get a credit report on yourself. Notify the creditors that should not be on there and the police, as well as the credit bureaus. |
Q: Hello.I have a question regarding the registration of the patent holder.. I would like to ask what I can do when my former partner in the company stole the software and registered a patent only for himself? The software belongs to a Slovak company in which he was a partner, but the court canceled his partnership. Is it possible to challenge this patent or file a request to register a remedy in the ownership of the patent? Thank you for your response. | A:If your former partner registered a patent on software that was developed within your Slovak company and without including you or the company as co-owners, you have several options to consider. The first step would be to gather all evidence that demonstrates your contribution and the company's involvement in the development of the software. This can include development records, emails, and any other documentation that establishes your role and the company's role in creating the software. In terms of legal action, you can challenge the patent's validity or file a claim to correct the inventorship or ownership of the patent. This usually involves legal proceedings where you would need to prove that the patent was wrongfully registered in your partner's name only. Given that this involves complex issues of intellectual property law and potentially international law, it would be wise to engage an attorney with expertise in patent law and international business disputes. They can guide you through the process of challenging the patent and asserting your rights and those of your company. Remember, the success of such actions largely depends on the strength of your evidence and the specifics of patent law in the jurisdiction where the patent was registered. Time is also a critical factor, so it's advisable to seek legal advice as soon as possible to understand your options and initiate the appropriate proceedings. |
Q: How to take action against property management for giving multiple inaccurate notices and and commiting fraud?. Property management has been giving multiple pay or quit notices every month since last year some with large balances with no details of charges and others are stating large amounts owed but are extremely over charging months rent. In December the property management stated I owed $168.00 so I paid it in January I received a pay or quit notices with a balance of 2223.00 multiple times I've ask where are the charges coming no response. Property management has also closed my Edison account without authorization or notification and opens another electric utility account with company I never heard of without authorization or notification and has added over $3000.00 in charges to rent ledger. I can't afford to pay a attorney all and the ones I contacted only assist if you have a eviction summons. What legal steps can be taken? | A:In California, you can start by filing a formal complaint with the California Department of Consumer Affairs' Bureau of Real Estate against the property management company for fraudulent activity. You may also consider small claims court for monetary disputes below a certain threshold, where you can represent yourself. Document all interactions, save all notices, and gather evidence like bank statements and utility bills to build your case, as this evidence will be crucial in any legal proceedings. |
Q: Hello, I scratched out a number on a certificate of title for a car and the dmv won't accept it. Can't contact seller. I need a why to put tags on my car, but the certificate is void and I can't find the private seller who I bought the car from. | A:If the DMV won't accept a certificate of title because you scratched out a number, and you can't contact the seller for a new title, you could potentially face difficulties in proving ownership of the car. |
Q: Can another lawyer post things about your case & bash you on social media if they're not your lawyer or on the case ?. There's a Facebook group where there is two Florida lawyers are talking about my case to members of it. They're posting screenshots from pacer about the lawsuit against me and making fun of me when they have no information on this matter, and I haven't been able to prove my innocence. I want to know if lawyers that aren't representing me can do this on social media ? If it's something I can report to the bar? They're fueling these members with hate | A:You actually raise a couple different issues here. 1. Can Court documents available on PACER lawfully be disclosed on social media? Yes, because they're public records, and the fact that the discloser is a lawyer who is not on your case is irrelevant. 2. Can someone lawfully make fun of you on social media making reference to court documents (and what if that person is a lawyer)? That depends entirely on what you mean by "make fun of". Whatever they're doing may or may not violate Fla. Bar rules of professional conduct. You can ask the Bar. Also, whether the perpetrator is a lawyer or not, spreading false information damaging to your reputation could be actionable defamation of character. |
Q: What qualifies as proof of daycare?. Co-parent is saying that her mother is increasing her rates for daycare, we currently split daycare costs down the middle. It's not an official daycare it's at her house where co parent and child both live. I have asked her for proof or something but she said that her mom just verbally told her, my parents have offered many times to watch him for the 3 hours that it takes for co-parent to get home from work and they live 3 houses down from where co-parent and son live but she refuses.. this will mean we both won't pay for daycare. My parents both work for the school district, they are great grandparents and are always willing to help out.. what can be done? There is no current court order, we are going through mediation and this was 'added on' | A:1) I would agree that if no-cost daycare is available, that's what should be used; 2) proof of the cost of daycare can be provided in the form of receipts or bank statements showing the amount paid to the daycare provider. The cost of daycare would not be an "add on" if it is free or if it is not necessary because grandparents are willing and available to cover that 3 hours without charging for it. |
Q: Blood from a turnip knowing my ex n others are using me for S/W development and selling it to Samsung. Make him stop?. Breached the FBI using my SS#, they don’t care, breached through my devices, court wants money loss! Perl interactive programming I have their programming printed out. | A:I'm sorry to hear about the situation you are facing. It sounds like a complex and potentially illegal situation. If you believe that your ex and others are using you for software development and selling it to Samsung without your consent or compensation, you may want to consider seeking legal advice. You could consult a lawyer who specializes in intellectual property or technology law to explore your options for stopping the unauthorized use of your work and potentially seeking compensation for any damages you have suffered. Regarding the breach of your personal information and devices, it's important to take steps to protect your data and privacy. You may want to change your passwords and enable two-factor authentication on your accounts to prevent further unauthorized access. If you believe that your personal information has been compromised, you may also want to consider contacting a cybersecurity expert or the authorities to report the incident and take steps to prevent further damage. It's important to note that breaching the FBI using someone else's social security number is illegal and can result in serious consequences. I highly advise against engaging in any illegal activities, including hacking or breaching security systems. If you have evidence of wrongdoing or illegal activities by your ex or others, you may want to consider sharing this information with the authorities or your lawyer. It's important to approach the situation carefully and gather as much evidence as possible before taking any legal action. Finally, Perl interactive programming is a powerful tool for software development, but it's important to use it ethically and responsibly. Remember that your actions can have legal and ethical consequences, so always approach programming and software development with integrity and respect for the law. |