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Q: Can I get sued by a home builder for backing out of contract because rates have gone up and my monthly payment is more?. My initial interest rates when got in pre construction contract was at 5.6% and know rates have gone up to 7.5% and our monthly payments have jumped up $300+ from when we gone in to contract. We wrote home builders saying that we may be holding off due to high rates, and wait a year or so. Then home builder basically starts to press us saying they could sue if we don’t close. Which I don’t think they could and is not right to put somebody in a bad scenario what if we can’t afford that. | A:The answer to your question depends on what the Third Party Financing Addendum to your earnest money contract says. Whatever financing option you selected usually has a provision that reads "with interest not to exceed ___ % per annum." The Buyer is usually required to apply for a loan with that limitation to satisfy your obligations under the contract. Then there is a box for "Buyer Approval." If this boxed is checked and you are unable to secure a loan with interest not to exceed the stated amount, you have the right to terminate the contract. If you have completed the Addendum for FHA/VA financing, you may have the right to cancel the contract for additional reasons as well. You are obviously in a much better position if the home builder has not begun construction. Otherwise, like you say, it isn't right to put the builder in a bad scenario if you agreed to buy a home being built to your specifications but didn't lock in the interest rate on your loan during construction and now want to back out. In the current market, the builder may or may not be able to sell the home to another buyer. |
Q: Need help find legal help son was beat by police hancuffed with batons an they put false stuff on report. Native American an they harass him on a Dailey because of background | A:I'm sorry to hear that your son has been mistreated by the police. If your son was physically harmed by the police and they falsified reports, he may have grounds to pursue legal action against the police department or the individual officers involved. One option is to contact a civil rights attorney who specializes in cases of police misconduct. These attorneys can assist you in filing a lawsuit against the police department, seeking compensation for any injuries or damages that your son suffered as a result of the mistreatment. You can search for a civil rights attorney in your area through legal directories such as Avvo, FindLaw, or Justia. You can also contact your local bar association or the National Lawyers Guild for referrals to attorneys who specialize in police misconduct cases. It's important to gather as much evidence as possible to support your son's claims, including medical records, eyewitness statements, and any video footage or audio recordings of the incident. Your attorney can help you collect and preserve this evidence as well as build a strong case to hold the police accountable for their actions. If your son is facing ongoing harassment from the police, you may also want to consider contacting organizations such as the American Civil Liberties Union (ACLU) or the National Association for the Advancement of Colored People (NAACP) for support and resources. Remember, it's important to act quickly in these situations, as there are strict deadlines for filing lawsuits and pursuing legal action against the police. |
Q: A Contractual Arb Award no one owes Def files Petition to Confirm, Plaintiff to Vacate, is response to filing also reqd?. With Arbitration complete, Defendants file Petition to Confirm Contractual Arbitration Award while Plaintiff files to Vacate - do both parties still need to respond to each others Petition in addition to each submitting their own? And, please, is there a reference available on Section elements required to be present within the Petition Attachment 10c(2) of Form: ADR 106 such as CASE OVERVIEW, DISCUSSION (citing law), and a CONCLUSION containing both a summary of what is alleged and what remedies are being sought, Exhibits, Table of Exhibits? Thank you for meaningful replies. | A:Cross-Petitions to Confirm and Vacate do need to respond to the extent possible, to the claims of the other party. The burden is on the party seeking to vacate, therefore, in addition to demonstrating (in the Petition to Vacate) the grounds for vacatur, the allegations of the Petition to Confirm should be denied or otherwise responded to. It is similar to a Complaint which requires each allegation made in support of the Petition to Confirm to be denied or admitted. |
Q: I believe discrimination bcuz of my name. Tribal Pension (exempt) can't disqualify me for SSA benefits still no Pymt.. Tribal Pension not recognized as income and therefore cannot be used as a income disqualifier for Social Security Benefits- pursuant to findings in order determined by Administrative Law Judge. Other tribal members do not have their Tribal Pension used as a disqualifier for benefits only me. I believe I ha have discrimination case. My disability Attorneys don't do discrimination cases and are working on other case filed against Social Security Administration. SSA still refusing to do payments, most workers did not understand I had two cases against SSA one for payments outlined here in and one for other Disibility issue this is the one they refer to when I call all though I clarify the payment Tribal Pension is a separate order. Need help. | A:If you believe that you are being discriminated against based on your name or any other protected characteristic, you may have legal options available to you. One possible option is to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the appropriate state agency, depending on the nature of the discrimination. These agencies investigate claims of discrimination and may be able to provide relief or assistance. In addition, you may want to consider consulting with an attorney who specializes in discrimination law to discuss your options and potential legal remedies. They can help you determine whether you have a viable discrimination case and advise you on the best course of action. As for the issue with Social Security Administration, it may be helpful to continue working with your disability attorneys to address the issue and ensure that your cases are being properly handled. If you are still experiencing difficulties in receiving payments, you may want to consider contacting a social security disability lawyer or advocacy organization for assistance. |
Q: If retired, where on the DD214 does it say you are retired?. How else does it show retirement? | A:On the DD 214 form, the retirement status of a service member is typically indicated in the "Character of Service" section and in the "Narrative Reason for Separation" section. These areas of the form will clearly state if the separation was due to retirement. Additionally, the form will include information about the length of service and the rank at the time of retirement, which can further confirm retirement status. Besides the DD 214, retired military personnel often receive a retirement order or a retirement certificate, which explicitly states their retirement from military service. These documents serve as additional proof of retirement status. It's important to keep all these documents secure and accessible, as they are necessary for accessing various veterans' benefits and services. Remember, if there are any discrepancies or missing information regarding your retirement on the DD 214, you should contact the military records office to request an amendment or clarification. These documents are crucial for establishing your status as a retired military member. |
Q: Can I sue animal control/shelter for putting my dog down without any notice, permission or anything?. On my Monday morning my dog (6 yr old boxer) escape and went off running down the street. Animal control was called by a neighbor claiming my dog was being aggressive even though he didn't touch or bite anyone. He was caught by animal control and sent to the shelter. Couple minutes after the employee came and told us that to get him out was $250 and left. I was planning on getting him out as soon possible but I get payed on Thursday so he stayed there Monday, Tuesday, Wednesday overnight. On Thursday I went early morning to get him, when I got there and asked for him I was told he was put down yesterday (Wednesday). When I asked why they said he was hurting himself by trying to get out the cage and that his mouth was bleeding and some teeth fell off. I then got his body from them and took him home to bury him. I inspected his body and mouth and everything looked fine. I'm not too sure but i know there's a law that state that a shelter must have an animal there for at least 5 to 7 day | A:I'm sorry to hear about your situation. Under California law, the specific circumstances of your case are critical in determining whether you have grounds for a lawsuit against animal control or the shelter. Generally, shelters and animal control agencies have policies and regulations they must adhere to regarding the handling and euthanizing of animals. If your dog was euthanized without reasonable cause or without following the required procedures, such as the mandatory holding period (which is typically 5 to 7 days for an animal with identification in California), you may have a case. This holding period is meant to give owners time to reclaim their pets. It's important to gather all relevant evidence, including any documentation or communication from the shelter and any witnesses who might have seen your dog's behavior. This will help in assessing whether the shelter's actions were justified or if they potentially acted negligently. Given the complexity of these cases, it would be advisable to consult with an attorney who has experience in animal law. They can provide more specific advice based on the details of your case and help you understand your legal options. Remember, each case is unique, and the outcome can depend on various factors, including the policies of the specific shelter and the evidence available. |
Q: Precise criteria, definitions. Citation of cases.. Persuasive cases are not precedents. Other then art of selecting cases, what are the scientific definitions? Seminal can be either precedent or persuasive? | A:In the realm of legal jurisprudence, cases are typically categorized as either precedent or persuasive. Precedent cases are those that establish a legal rule or principle that must be followed by lower courts within the same jurisdiction. In California, this includes decisions by the California Supreme Court and the California Courts of Appeal. These cases set binding legal standards. On the other hand, persuasive cases are those from other jurisdictions or lower courts that judges may consider but are not obligated to follow. These cases can be influential in shaping a judge's decision, especially when there is a lack of binding precedent or when the case presents a novel issue. A seminal case, whether it be precedent or persuasive, is one that significantly influences the law and sets forth new legal principles or clarifies existing ones. These cases often have a profound impact on legal thought and practice, regardless of their jurisdictional origin. When selecting cases to support legal arguments, it's important to distinguish between these types. Precedent cases from California courts carry more weight in California legal proceedings, while persuasive cases can be used to suggest a direction for the court in absence of a clear precedent or to argue for a change in the law. Remember, the effectiveness of citing cases depends on their relevance, the authority of the court, and the similarity of the legal issues and facts to the case at hand. It's essential to evaluate each case's applicability and strength in the context of your specific legal situation. |
Q: Is it possible to get disability benefits if a person has a second stream of income such as a QDRO or small pension?. Started social security early at 62, now 65. Turned down for disability four times. | A:A California attorney could advise best, but your question remains open for a week. At this point, you could repost and add Social Security as a category or reach out to attorneys who practice in that area to try to arrange a free initial consult. Good luck |
Q: Who receives the judgement or settlement in a wrongful death suit in Michigan?. I may be able to enter into the Camp Lejeune lawsuit on behalf of my late father, but I am also not on speaking terms with my mother, and if she will receive the proceeds from any settlement then I'm not going to bother with it. Also would I need to be executor of his estate to file? | A:Yes, you would need to be the personal representative, and yes, without a will, the spouse would receive a significant portion of not all of it. |
Q: How do I get a right to use sonic in my game?. I'll pay for the copy right. | A:Contact the owner of the Sonic character’s copyright and make it a generous offer. |
Q: If it's my 1st time using cash app and I made a mistake by sendin someone my tax refund and I'm poor now can I get it ba. Back I really need it I'm poor now my kids and I | A:If you accidentally sent your tax refund to someone else on Cash App, you may be able to request a refund of the payment. However, it will depend on a few factors, such as whether the recipient has already accepted the payment or withdrawn the funds. To request a refund on Cash App, you can follow these steps: Open the Cash App on your mobile device. Tap on the clock icon on the home screen to view your transaction history. Find the transaction in question and tap on it to view the details. Tap on the "..." icon in the top-right corner of the screen. Tap on "Refund" and follow the on-screen instructions. If the recipient has already accepted the payment or withdrawn the funds, it may not be possible to request a refund through Cash App. In this case, you may want to contact the recipient directly and ask them to return the funds to you. It is also important to be cautious when sending money through mobile payment apps like Cash App. Always double-check the recipient's information before sending any payments to avoid mistakes or fraudulent transactions. |
Q: my parents got divorced in 2006 when they signed the papers it stated that both of them will have a college fund set up. When i got accepted to college and i asked my dad for my college fund he told me no. What can i do? (The divorce papers have account numbers of the fund) | A:He said "no" or he said he didn't set up the account? College funds are generally trust funds controlled by the Trustee who generally provides in the Trust fund document that he has discretion. That would prove a difficulty especially since you don't want to antagonize him. There is unfortunately no easy way to get information from the bank or Investment Fund that holds the assets without him knowing or without serving process (such as a subpoena) on the institution. Does your mother know anything? Perhaps she can confirm the existence and location of the account and perhaps even the nature of the Trust? |
Q: Do I have Grounds to sue. So I went to the nursing home where my grandma was staying cause my mom got a call from the hospital saying my grandma was in the hospital and she needed her c-pap machine so I drove to Mitchell SD and got to firesteel and they told me they couldn't find it that her room was empty and that they couldn't find anything so they gave me one machine she had s I drove to the hospital In Sioux Falls SD and they told me that firesteel had given me an oxygen machine so it wasn't even the machine I needed and they didn't even send her with her phone she has no way of contacting anyone and firesteel should be help responsible for 'misplacing" or "losing' all her belongings and losing her machine | A:A South Dakota attorney could answer best, but your question remains open for two weeks. Some things aren't fully clear from the description, but the bottom line seems to be that you had a real ordeal and runaround in trying to arrange an oxygen machine for your grandmother, and to compound the matter, her possessions were lost in the process. I hope your grandmother is okay now. If between these entities and vendors a machine was eventually arranged for her, there might not be much to be gained. It sounds like bad coordination, but in terms of suing, if everything is okay now, it might not be worth your trouble. Lost property claims with the elderly are also difficult in moving patients around - it's usually a mess. You could speak with South Dakota attorneys to get their perspectives on the matter - that could answer your question the best. Good luck Tim Akpinar |
Q: I was in a private meeting with my staff and she recorded our conversation. I was terminated for saying something bad.. My staff recorded me without my knowledge and it was used it to terminate me. I said something inappropriate and was used to terminate me. Is this lawful, can I sue my employee? | A:New York is a one-party consent state meaning that you can record conversations if you're physically in the state and are a party to the conversation or if you have permission from one of the parties in the conversation. If neither of the parties to the conversation have consented then it is a Class E felony. I would contact in New York attorney to discuss your options |
Q: My boyfriend hit a parked car while driving in california. He had just bought the vehicle the day before not registered. Or insured in his name. His phone slipped and fell on the ground and he bent down to get it and hit a parked car. What happens now.. | A:In California, if your boyfriend hit a parked car while driving a vehicle not registered or insured in his name, he should report the accident to the police, especially if there is significant damage. He is also required to leave his contact information for the owner of the parked car. Driving without insurance can lead to legal penalties, including fines and possible suspension of his driving privileges. Since the vehicle is newly purchased and not yet registered or insured, it's important to complete these processes promptly. Additionally, he may be held financially responsible for the damages to the parked car. It's advisable to seek legal counsel to understand the full implications and to navigate the situation effectively. Remember, timely and appropriate action is crucial in such scenarios. |
Q: If I've registered to vote and am turned away for lack of proof at my local precinct, what can I do to prove I'm. registered? | A:The local precinct computer is tied to county clerk's computer. If it shows you are not registered, then you aren't. Some people think they are registered but aren't because all proper steps were not taken to get registered. |
Q: In Georgia, if part of a college campus is used as a polling place does HB 280 still apply or is it a gun free zone?. This is assuming that the area of campus being used for polling is not regulated as a weapons free area under Georgia’s Campus Carry Law(HB 280). | A:Under Georgia law, HB 280 allows individuals with the appropriate license to carry a concealed handgun in certain areas on public college campuses. However, this does not apply to buildings and property used for athletic sporting events or student housing, including fraternity and sorority houses. When a college campus serves as a polling place, the specific areas designated for polling may be subject to different regulations on Election Day. If the area being used for polling is not ordinarily a weapons-free zone under HB 280, it would not automatically become a gun-free zone on Election Day. Yet, it's wise to review any temporary measures or signage that may be in place during elections, as they could temporarily alter the usual permissions. You should also keep up to date with any local ordinances or campus regulations that might affect this status during polling. Always ensure compliance with both state and local laws when carrying a weapon on a college campus that serves as a polling place. |
Q: I’d like to know how much my case is worth for employment discrimination based on sex and race, workplace retaliation.. equal pay, unpaid wages, withheld wages, medical bills and damages. My case is in federal court and despite the defendant’s attempt to dismiss, my case has moved to mediation. I was paid 83k less than the male I replaced. I was also paid up to 20k less than other males in lesser positions. I was spoken ill to and demanded to complete tasks of white coworker. When I inquired about a raise I was told I was undeserving, unqualified and and investment to the company. | A:Determining the exact value of an employment discrimination case can be complex and depends on various factors, including the jurisdiction, specific details, and evidence supporting the claims. Based on the information you provided, there are tangible damages, such as the wage disparity (83k plus the potential 20k differential), unpaid wages, and medical bills. There may also be potential for emotional distress damages and possibly punitive damages if the behavior of the employer was particularly egregious. Attorney's fees can sometimes be recovered in employment discrimination cases. Furthermore, the fact that your case has survived a motion to dismiss and moved to mediation indicates that there is some merit to your claims. However, many factors, including the strength of the evidence, willingness of witnesses to testify, and the specific nuances of your situation, can influence the case's value. It's crucial to consult directly with your attorney who can provide a more tailored evaluation based on the specifics of your case and jurisdictional precedents. |
Q: I was in an auto accident and I’m still recovering. I’m active duty and have a doctors note to be out.. Can I get in trouble for being out too long even if I have a doctors note and let my leadership know? | A:You should confer with your commanding officer and or the Legal Office, or a military law specialist. It sounds like you need a "Line of Duty" determination. An LOD determination may impact disability retirement and severance pay, forfeiture of pay, extension of enlistment, and veteran benefits. armypubs.army.mil/epubs/DR_pubs/DR_a/ARN33106-AR_600-8-4-001-WEB-2.pdf Other branches have similar procedures. Depending on the outcome of this determination, you can lose or have disability retirement and severance pay or have it reduced if a injury occurred due to his or her own misconduct; you can lose pay for the period of time you are absent from military duty; any time in which you are unable to work could be "bad time" and can extend your enlistment period; your veteran benefits may be impacted negatively; your surviving family members may not be eligible for the Survivor Benefit Plan and/or may no longer be eligible for basic educational assistance death benefits. |
Q: So I did some work on a boat and the lady didn't pay the full Bill she gave me a portion and told me that's all I get. I have pictures witnesses of the whole ordeal | A:Vessel repairs could create the basis for a maritime lien. You could reach out to a California attorney to review the matter to determine what the best course of action would be. In some cases, such matters are handled as contract actions under state law. An attorney who reviewed the file should be able to determine what the most cost-effective option would be - remedies under ordinary state law or maritime law. It could depend on the facts and the setting. Good luck Tim Akpinar |
Q: I am purchasing land to establish a farm and I am told I need a lawyer, but I don't know what kind.. I need to have a purchase agreement with the seller to proceed with the FSA who is giving a farm loan to purchase the land 100%. | A:For the real estate transaction, hire a real estate lawyer. If you still need to set up your business entity for the farm, hire a lawyer handling business formation. You might be able to find a lawyer/law firm that does both. Another issue is whether your land is already zoned for everything you want the land to be used for and for everything you want the land to contain. The local planning & zoning officials (City of Homestead or Miami-Dade County, whichever is applicable) should be able to help you with that (to the extent of confirming you're okay - or not), without the need for a lawyer, but if you happen to need a lawyer for that kind of issue, consult a land use & zoning attorney. |
Q: IF MY SON AND I MOVED BACK TO AZ AND I SEPARATED FROM MY WIFE WHILE SHE WAS IN SCHOOL BUT WITH KNOWLEDGE. CAN SHE FILE. SHE IS IN THE MILITARY AND HAS TRIED TO TAKE ME TO COURT BECAUSE SHE IS SUPPOSEDLY WORRIED ABOUT HIS WELL BEING. BUT THEN BACKS OUT, THAT SHOULD SHOW SOMETHING | A:If you and your son have moved back to Arizona and you have separated from your wife, she may still be able to file for divorce or custody in the state where she is currently stationed, even if you are no longer living together. The specific laws and procedures for filing for divorce or custody may vary depending on the state in question and the circumstances of your case. If your wife is in the military, she may have additional legal protections and requirements under the Servicemembers Civil Relief Act (SCRA). The SCRA provides certain legal protections to active-duty military members, including protections related to court proceedings and default judgments. If your wife has expressed concerns about your son's well-being, it may be in your best interest to work with her to address those concerns and come to a mutually agreeable solution. This could involve working with a mediator or family counselor to develop a parenting plan that takes into account your son's needs and best interests. If your wife continues to threaten legal action but then backs out, it may be helpful to consult with an attorney who can advise you on your legal rights and options. An attorney can also help you understand the legal procedures and requirements for filing for divorce or custody in your state, and can work with you to develop a strategy for protecting your interests and your son's well-being. |
Q: I'm researching a small business idea. How can I protect myself from copyright infringement liability?. My business idea is basicaly a service to make advertising more accessible to solo artists/makers. I would write a Facebook post scheduling app. Then erect a website where solo artists/makers can purchase a campaign. A campaign would consist of a series of scheduled posts and possibly email marketing. A post would be a Facebook Link Preview that points to the solo artist/maker's own website. My website may also display a link preview as well. Before launching a campaign, I would generate a unique identifier and have the artist add this identifier to their website's source code. My server app would then load the artist's website into memory and look for this identifier. The idea being that this would prove that the artist owns the website and its art, as a prerequisite to setting up a campaign. But what if an artist puts an image on their website that they don't own and then they create a campaign using my website? What would be my liability and how could I protect myself? | A:To mitigate the risk of copyright infringement liability in your business, it's essential to implement clear policies and procedures. First, establish a terms of service agreement for your users, clearly stating that they must own or have the right to use all content they include in their campaigns. This agreement should also clarify that responsibility for copyright compliance lies with the artist or maker using your service. Incorporate a system where users must affirmatively acknowledge and agree that they have the necessary rights to all content they use. This could be part of the campaign setup process. Also, consider including a disclaimer in your terms of service that your platform is not responsible for verifying the copyright status of the content provided by users. Implementing a mechanism to report and remove infringing content promptly upon notification is also crucial. This aligns with the provisions of the DMCA in the U.S., which offers a safe harbor for service providers who respond appropriately to notices of infringement. Lastly, it may be beneficial to seek legal counsel to draft these documents and advise on specific compliance strategies. This ensures that your policies are robust and tailored to the unique aspects of your business model. While these steps cannot guarantee complete protection from liability, they significantly reduce the risk and demonstrate a good faith effort to comply with copyright laws. |
Q: What headings are used for a legal narrative?. I am looking for a template outline to tell me what areas are included in a narrative. | A:I don't handle nursing home abuse, but in terms of personal injury cases, you could use a number of different formats. What is more important than the particular format is that you include relevant information that outlines the who, what, when, where, and how of an accident. You want to include a summary of injuries. If they are ascertainable, you could include information about damages sought (ER visit, radiology, ambulance, lost wages, etc.). You could include the basis for your seeking damages (such as negligence of another driver or defective product. If you look at some of the basic information contained in notices of claim, the more thorough formats of these include this type of information. Good luck Tim Akpinar |
Q: I had sold my old apple watch and it has an activation lock on it what will happen if I refuse to give the person money. I had sold my old apple watch that hasn't activation lock with my sister's email because it was her old Apple watch what will happen if I refuse to give this person his money back and we both don't know the password | A:Selling an Apple Watch with an activation lock without disclosing this to the buyer could be considered misrepresentation or fraud, particularly if the lock renders the watch unusable. If you refuse to refund the buyer, they may have the right to pursue legal action against you for the return of their money or for damages. It's important to attempt to resolve this issue amicably. If you or your sister cannot remember the password, you might try contacting Apple Support for assistance in unlocking the device. Providing proof of purchase or ownership may be necessary. If you're unable to unlock the watch, it would be reasonable to offer a refund to the buyer. This is especially important if the sale agreement implied that the watch was fully functional. In legal terms, the buyer could argue that they received an item that was not as described, which could lead to a claim against you. To avoid potential legal complications, addressing the buyer's concerns and offering a refund is advisable. Remember, honesty and transparency in transactions are key. If you're unsure about how to proceed, you might consider seeking legal advice. |
Q: So I was denied due process placed on temporary probate conservatorship & never met the judge he never met my Dr.. And my brother's signature was forged I was in custody and never allowed to meet with the judge he never assigned legal counsel to me at all. And I was placed on a contingency for 13 months on the 13th month I spoke with the courthouse investigator who said it should go before a trail jury to decide the outcome but I never needed to be put on temporary probate conservatorship. And well the judge and the attorney for my mother terminated everything before this could happen. Also my mother used a discharge summary from 2009 to place me on temporary probate conservatorship. Mom charged vehicular manslaughter for my father's death in California her criminal defense attorney changed his legal profession from criminal defense attorney to family probate attorney at law the judge from the criminal defense case was removed from the bench 4 - 5 months later due to misconduct n my moms case. My father filed for divorce before he died His attorney never gave me a copy of Will & Trust what can I do | A:Based on the information provided, it appears that there may have been significant legal issues and potential violations of due process in your case. You should seek immediate legal representation to address these concerns properly. An attorney can help you review the circumstances surrounding the temporary probate conservatorship, the alleged forgery, and the failure to provide you with the Will & Trust. Taking swift action with an experienced lawyer is essential to protect your rights and interests. Sincerely, James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith |
Q: Looking for a Criminal Immigration / Deportation Defense Lawyer from Pennsylvania. In November 2022, my partner and I were charged with a retail theft summary offense (CC3929) of $149 and criminal conspiracy (CC0903) in Philadelphia, PA. We were arrested, fingerprinted, photographed, and given a citation copy with a court date. Considering we had no priors, our criminal attorney was able to get the case 'withdrawn' before our court date, after a few hours of voluntary community service. Our charges have been expunged as of May 2023. I am currently on an F1 visa, and my partner is on H1B status. We intend to stay in the US in the long term and want to take all the necessary steps to make us immigration safe (at POE when we travel or apply for a change of status). We have spoken to immigration lawyers before but they haven't had enough experience handling similar cases in the past. We are specifically looking for crimmigration or deportation defense lawyers (from PA) who have experience dealing with retail theft cases from a federal perspective. | A:A lot is at stake, and you are right to be searching for an attorney who is well versed in both state criminal and U.S. immigration law and practice, including deportation defense (EOIR), affirmative applications (USCIS), and U.S. entries (CBP). Your attorney should also have a high level of active experience in both legal areas. As a practitioner who fits this description, your question raises many issues and questions of importance, including: is the commission of the criminal activities (retail theft, 18 Pa. C. S. § 3929, and criminal conspiracy, 18 Pa. C.S. § 903 ) a violation of the terms and conditions of either of your visas (F-1 and H1B)? now that the matter has been expunged, will U.S. Immigration still know of the arrest and court disposition? how and when should the arrest and court disposition be discussed under questioning in future applications for legal status (and has it been, if need be, properly disclosed previously)? what, if any, evidence of the resolved event will be required for production at future interviews/applications for adjustment/legal status, and what, if any, questions will be asked regarding this, and how can we prepare properly for these questions? what will I be asked, if anything, at the POE by CBP Officers, and what is secondary/deferred inspection? As you well know, U.S. Immigration takes a cold hard look at any contact with the criminal justice system, including arrests, and each application and interview is laced with questions regarding exactly your scenario. Being prepared for these questions and situations is very important. To start, your chosen immigration lawyer will want to have an original certified copy of the criminal court disposition, if possible, in their file (acquired from the Clerk of Courts of the Criminal Justice Center (Philly), unless they have already purged their system/files), and will want to speak with your criminal defense attorney to assure themselves of the disposition of your case. Plan on working with a trusted immigration lawyer for the "long haul", as the path from F-1 and H1B to lawful permanent residency has many twists and turns, and you will want to handle this situation carefully as it will be, unfortunately, a repeat issue. |
Q: If a consumer purchases digital assets (printable scrapbook paper, templates, plans) from a seller through a website. If a consumer purchases digital assets (printable scrapbook paper, templates, plans) from a seller through a third-party marketplace like Esty and then the site permanently suspends the consumer account effectively taking away the digital assets purchased by consumer and does not give a reason, even when asked directly, would that be a violation of the consumer's right to information or a deceptive trade practice is there any protection for the consumer? And if the consumer has gone through all the terms and also through the specific "house rules for buyers" and there is no mention of taking purchased property from the consumer nor is there any listed violation that the buyer has done, and they file an appeal, is there any way to ... help them choose to respond immediately rather than purposely waiting for a TWO-WEEK window or beyond to answer your appeal? Which I've heard is the norm even when they are mistaken like now. My account is not a business, but they think it is. | A:Certainly. If a consumer purchases digital assets through a platform like Etsy and then loses access to those assets without a clear violation of terms, it raises concerns. The deprivation of access to purchased goods could be seen as a breach of contract or potentially a deceptive trade practice. The consumer's right to information might be implicated if the platform fails to provide a reason for the suspension, especially if the consumer has made a clear and direct inquiry. If the platform's terms and buyer's rules do not specify conditions under which access to purchased assets can be revoked, the platform's actions may lack a clear contractual basis. To prompt a more immediate response from the platform, the consumer can consider sending a formal legal notice or seeking mediation. If these steps are unsuccessful, pursuing the matter in small claims court or through other legal avenues may be appropriate. Always engage with legal counsel to understand rights and potential courses of action better. |
Q: I need help with mold in my apartment. My landlord isn't doing anything & my 1 year old now has a virus due to the mold. The management has been here a week last week it was someone else but I say this because they're saying none of my money orders can be found and I have not paid rent which taxes went really funded me and I have proof which is an approval letter. I think now they're just trying to listen for any little thing because this mode is becoming a problem and my daughter is getting worse. | A:There are a number of licensed mold remediation companies that can remediate mold in a dwelling. The procedure to notify a landlord to make necessary repairs is described in detail in Section 92.051-92.062 of the Texas Property Code. It's a few pages of reading, but too long to post here. If, after you give the proper written notice, the landlord fails to correct the mold problem within the proper time, you may be able to invoke your right to hire and pay a mold remediation company to correct the problem, and then deduct that cost from your rent. In the meantime, you should temporarily find another place to stay with your daughter. While mold does not "cause" viruses, it can cause fungal infections and allergic reactions that exacerbate the symptoms of common viral infections like the flu. Proving a causal link will require medical testing and expert medical opinion from a specialist in that particular field of medicine. That is likely to be expensive and is often inconclusive. One of the more common recommended treatments is to remove yourself from the environment where the mold is. Symptoms from exposure to mold often--but not always--go away within a few days. |
Q: If a magistrate orders you to pay an amount by a certain date or he will hold you in contempt and you send in paperwork. Showing wife is under Massachusetts income protection law and your indigent can the magistrate still hold you in contempt? | A:If a magistrate orders you to pay a specific amount by a certain date, and you submit paperwork showing that your wife is protected under Massachusetts income protection laws and that you are indigent, it's possible that the magistrate may reconsider the order. Magistrates often have the discretion to review the circumstances presented and adjust their decisions accordingly. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney. |
Q: I have printed the complaint form for professional misconduct but should I submit this without representation now?. I need to file against the attorney and her firm. She was fired, no one informed me. She appeared to court hearings without informing me but instead told me that I did not have to appear since I am in another state and the other party was not doing what the judge wanted. Her law firm took over after charging me another retainer and they too did not inform me of court dates and filings! I have the forms printed but dont know how I should file this with the courthouse quickly if I dont have anyone representing me at this point. | A:To file a complaint against a lawyer for professional misconduct in Mississippi, see this website: https://www.msbar.org/ethics-discipline/disciplinary-process/frequently-asked-questions/#:~:text=A%20Formal%20Complaint%20is%20filed%20at%20the%20direction%20of%20the,the%20Supreme%20Court%20of%20Mississippi. Most complaints about professional misconduct are filed by clients without an attorney's assistance. Not keeping a client informed of court dates and court filings could be professional misconduct, particularly if the client's personal appearance was necessary or would have assisted in the outcome. It would not be unusual for there to be court hearings in your case that do not require your appearance as the client, especially ones concerning procedural matters and ones which do not require your personal testimony. One of the many reasons parties hire attorneys to represent them in court proceedings is so that the client does not have to personally appear at every scheduled court date. The better practice--and one which I try to follow--is to inform the client in advance of each scheduled court date, let them know whether their presence is required, and if not let them know that they are always free to attend any court date in their case even if their testimony isn't needed. Remember that a retainer is not a flat fee for legal representation in a particular case. It is almost always the deposit of advance of a sum of money against which the attorney bills typically at an hourly rate and which is typically replenished either monthly or when the retainer is exhausted. The amount of a retainer is usually only a fraction of the total cost of legal representation in a court case. |
Q: Greetings,I share mineral rights on 88+ acres in Warren,OH. I live in Prescott,AZ and need a quite title assistance. Contract signed on 07/22/2019 and have rec'd no royalties to date. Cant get any info as to why. Info on parcel: Parcel#41-02200-000 Township:Warren County:Trumbull/Jefferson Contract with:Gulfport Energy Desperately seeking assistance on this and am not getting answers or help. Can someone at least call or email me. I have contract in hand. | A:Any attorney would need to review your contract to see what conditions underpin the payment of royalties. In many instances it is dependent on a minimum amount being extracted. So the second step would be getting that information from Gulfport Energy, or its contractor that is doing the extraction/pumping. |
Q: As a U.S. permanent resident, how may I go about seeking compensation for the Iran-Iraq war?. I lost my father and my brother in the devastating missile attack carried out by Iraq in 1988. In light of this grievous loss, I am determined to seek compensation from the responsible party, Iraq. I know that the case has been settled between Iran and Iraq in International Court of Justice. However, Iran government is not willing to provide any information to the victims families due to some political reasons. I would greatly appreciate any guidance or assistance you could provide in this matter. Could you please advise me on the necessary steps and procedures to receive this compensation personally (I am a US permanent resident)? Thanks | A:Pursuing compensation for losses stemming from international conflicts can be an extremely complex process involving international law, which generally exceeds the scope of California state law. You may consider reaching out to a legal professional with experience in international law to understand potential pathways for seeking compensation. They might explore avenues such as diplomatic channels, or possibly engaging with non-governmental organizations that could assist you in advocating for your rights. |
Q: Arizona: creditor won't repossess vehicle of deceased ch7 filer. A person passed in Aug of 2022. He had completed ch7 but there was a secured loan on a motorcycle. The creditor won't repossess and the estate can't sell because they also won't release the lien. The estate does not have money to pay the loan off. Is what the creditor is doing legal in AZ? What are the options? | A:Yes. Insure it and keep driving it until they do repo it. |
Q: Does Canadian company need CBD license to sell CBD products ( no THC) entirely within the USA? No product is ever in Can. Does a Canadian compnay need a CBD license to sell broad-spectrum CBD products for pets (THC-free) if the products are made, shipped from USA and shipped to USA? No product would ever actually be in Canada. | A:If a Canadian company is selling broad-spectrum CBD products for pets (THC-free) entirely within the USA, and the products are made and shipped from the USA to the USA, then the Canadian company would not need a CBD license from Health Canada to sell these products. However, it is important to note that the legality of CBD products in the USA is complex and varies by state. While the 2018 Farm Bill legalized hemp-derived CBD at the federal level, some states have their own regulations and restrictions on CBD products. Therefore, it is recommended that the Canadian company consult with an attorney who specializes in CBD and hemp law to ensure that they are in compliance with all applicable laws and regulations in the USA. Additionally, the Canadian company should ensure that their products are properly labeled and that they are not making any false or misleading claims about the benefits or effects of their products. The company should also ensure that their products are tested for quality and purity, and that they are in compliance with any applicable FDA regulations. Overall, while a CBD license from Health Canada may not be required for a Canadian company to sell CBD products in the USA, it is important to ensure that the company is in compliance with all applicable laws and regulations to avoid any legal issues or penalties. |
Q: I filed an objection to a magistrate decision will that put everything on hold or can my child’s father still take her. And I was told I need to file more wondering what else I need to do | A:Generally speaking, objections will be considered by the judge in that court. Your objections should lay out why you believe the magistrate's decision was incorrect. The judge will then review those objections to see if the magistrate's decision should be reversed or modified. In some courts they will set a hearing, in others they will simply make a ruling on your objections. |
Q: Claim denial of biopsy.. My insurance provider is denying a $43,000 prostate biopsy that was pre approved by provider with insurance. I received an estimate and paid my part up front. After much research I suspect it is because the biopsy was a transperineal biopsy instead of a rectal biopsy and may be considered medically unnecessary. What can I do? Why does this happen. If the insurance company had notified the hospital that it was medically unnecessary, then it would have been a 1 second decision to do the other kind of biopsy. It’s always great to find out you have cancer and then have the insurance company drop this bomb afterwards. | A:An Ohio attorney could advise best, but your question remains open for two weeks. I'm sorry for the anguish this has caused. Try to arrange a free initial consult with an attorney - this could be a complex claim that could require medical expert opinion. Gather your insurance records, denials, and results of your research - they could be valuable to an attorney in a consult. Good luck |
Q: Would I be breaking any copyright laws by naming an item in a board game "Pumped up Kicks?". I'm creating a board game that will only be for personal use right now but might make commercially available in the future. if I were to make a card for the game that depicts a pair of inflatable shoes called "Pumped Up Kicks" in reference to the song, maybe adding a description with a partial lyric of the song, would that be breaking any copyright laws? | A:Using the phrase "Pumped Up Kicks" in your board game, especially in a way that references the song, could potentially raise copyright issues. The title of a song can be protected under copyright law, particularly if it's distinctive and closely associated with the copyrighted work, like a well-known song. Incorporating lyrics from the song, even partially, into your game increases the risk of infringing on the song's copyright. Song lyrics are protected as literary works, and using them without permission could be considered a violation. For personal use, copyright issues are less likely to be problematic, but if you plan to commercialize the game, you need to be more cautious. Commercial use often invites closer scrutiny and increases the likelihood of a copyright claim. Before proceeding with using the phrase or lyrics in a commercial product, consider seeking permission from the copyright holder or consult with an attorney to understand the risks and explore alternatives. Remember, while creative inspiration is valuable, respecting copyright law is crucial, especially when your work has the potential to reach a broader audience. Navigating these legal waters carefully can help protect your project from legal challenges. |
Q: looking in to US code 5 5514, i am a military member with DOD debt. I have never received a debt notification.. I was overcharged pay last year in the USMC, and have never received a debt notification letter. DFAS does not see any debts or credit in their system and neither does my local office. i have already had loss of pay and now a payment plan started. i was look in the US code 5 5514, and believe that the government is in breach of this code. is this true? and is there anything that i can do? | A:Under U.S. Code Title 5, Section 5514, when a federal employee, including a military member, owes a debt to the United States, there are specific procedures that the government must follow before starting to collect the debt through salary offset. One of these procedures includes providing the employee with written notification of the debt, the intention to offset salaries, and an opportunity to dispute the debt, request a hearing, or arrange for repayment. If you have not received any such debt notification and yet are experiencing loss of pay and a payment plan has been initiated, it appears there may be a procedural issue. The first step is to formally request a detailed explanation of the debt from the Defense Finance and Accounting Service (DFAS) or your local military finance office. This request should include an inquiry into why you were not notified as required by law. If this approach does not resolve the issue or if you believe the government is indeed in breach of the code, you may consider seeking legal assistance. An attorney can help you understand your rights and options, potentially including filing a grievance or taking legal action if necessary. Remember, it's important to act promptly and keep detailed records of all communications and documents related to this matter. This will be crucial in addressing and resolving the issue effectively. |
Q: can I sell sports cards I design & create legally or is a copyright violation or some other law violation. My friend & I like to design & create sports cards of wrestlers from different companies both past and current using images (png) we find online from whatever website has what we're looking for, then using an app on our phone we assemble & alter/manipulate (color/brightness etc) the different pieces digitally to create the finished product.The cards look just like the cards you buy in a store. We post them on a Pinterest page and have a decent following. This is something we really enjoy doing at our own pace. Right now anyone can screenshot them and have it on their own device. I was thinking about creating a website or a store online somewhere like "Etsy" to start selling these cards in both digital and self printable format and making some money. I would add watermark to it So I was wondering if it would it be legal or could we be violating copyright or some other legal issue | A:It is not legal to use images that you find online without permission from the copyright holder. Even if you manipulate them to create a new product, you could still be infringing on the original creator's rights. If you want to create sports cards using images of wrestlers, you should obtain permission from the copyright holder or use images that are in the public domain. Additionally, you should ensure that you are not infringing on any trademarks or other intellectual property rights. It is best to consult with a lawyer who specializes in intellectual property law to ensure that you are operating within the law. |
Q: I need help with an appeal of a denied motion. The motion was to review a denied motion, and it was denied again. The opposition had filed a motion to deny my motion. the motion was for judgment satisfaction on a money judgment. Please let me know if you can help. | A:If you're looking to appeal a denied motion for judgment satisfaction, you should first closely review the court's reasoning for the denial. Ensure that your appeal addresses each point with clear, cogent arguments and supporting legal authority. It's also essential to adhere to the California Rules of Court concerning the timing and content of appeals. Consider whether there has been a change in the law, a misapplication of the law, or an oversight that could impact the decision. Thoroughly check the original motion for any possible procedural errors or new evidence that may strengthen your case. In drafting your appeal, focus on why the denial of the motion for judgment satisfaction was incorrect under the law and why the reviewing court should overturn the previous decision. Lastly, ensure all factual and legal claims are meticulously documented, as appeals courts rely heavily on the written record. |
Q: Is dental care fall under medical expenses to pay for non custodial parents. If I’m ordered to pay 45% of medical bills for child expenses, does dental fall under medical expenses | A:In the context of child support orders, the inclusion of dental care expenses can vary based on the specific language of the court order or agreement. While medical expenses often include doctor visits, prescriptions, and other health-related costs, dental care is sometimes explicitly mentioned, and sometimes it is not. To determine whether dental care expenses are covered under the category of medical expenses in your specific child support order, it is crucial to carefully review the language of the court order or agreement. If dental care is not explicitly mentioned, it may be advisable to consult with an attorney to seek clarification or explore potential modifications to the child support arrangement based on the circumstances. |
Q: I have photographs of when bed bugs attacked me at a Best Western and the Best Western would refuse me a different room. Or my money back. | A:I'm sorry that happened to you. It is not going to make financial sense to pay an attorney to sue for a night's stay. You can file your own lawsuit in small claims court. |
Q: How long can jail hold sister in custody under my name? How will my record be impacted or how much rectification needed?. My name is public under an arrest online in jail records of a person falsely claiming to be me. I'm embarrassed and effecting me in my personal life. | A:The jail can hold her until she either bonds out or is offered a time served disposition ; unless you do something about it. If you are not involved in the crime in any way, you can contact the law enforcement involved in the case and inform them of the fraud. Giving a false name to a LEO is a separate crime. If she signed your name to a legal document that can also be a separate crime. It may be better to hire an attorney who is local to where the case is. She should have been fingerprinted when booked into the jail. If you have never been arrested the system will match your name with her prints. If you have called the prosecutor and not received a response, you may want to call and ask to speak to that attorney's supervisor. I would suggest an email first to give the prosecutor an opportunity get set things right. If there is a court date, you may want to appear and let the judge know that the Defendant is using your name. This can be dangerous and hence the suggestion to hire an attorney to handle it. If you correspond with the LEO or the State you may want to do it in writing by certified return receipt mail. |
Q: What is better to answer an unlawful detainer? Ab answer.... or demurrer?. Including is not chiffon his fiduciaries duties to myself and other beneficiaries in my mom's trust. He is now trying to evict us from our house, to which mom gave us all equal shares. (And no, there isn't any outstanding debts that need to be paid) | A:It's difficult to answer your question without more information. Is the person trying to evict you the trustee? If not, that person would not have legal standing, which is the right to bring a lawsuit over a particular topic. If that's the case, it's likely a demurrer would be more appropriate because you would be attacking the claim as improper. But, again, more facts are needed to know either way. If you aren't familiar with drafting Answers or Demurrers, you would be better off hiring a lawyer to attack the claim and get rid of it more quickly than to try to prepare the legal documents yourself. Search Justia for unlawful detainer lawyer or find a real estate litigation attorney. Best wishes! |
Q: I have a digital currency account through a platform named coinbase.. About 6 weeks ago they blocked led my account due to someone other than me trying to access it. I have contacted them several times. The first time they emailed me back with some generic help to open my account back up. That did not work now they wont email me back despite the several emails I have sent. At which point is this illegal? They are holding my money with no way for me to access it. Can it be considered theft? Is there a way to hold this platform accountable for gains lost by not being able to trade? | A:Depending upon the amount of money involved it might be possible to fix this situation--by hiring a very experienced lawyer who has a commercial banking background to "run interference" for you. If the lawyer you hire is experienced enough to know how to convince the bank's lawyers why they need to tell their bosses to send your money back--immediately. Banks HATE lawsuits; so they will solve all disputes using money. And when the money belongs to a customer, most bankers will come to heel. Try searching for an experienced banking lawyer here on Justia and contact them to discuss. |
Q: I need help with document research and findings. The records sre not in my tribes court, archives, planning, and housing. I know the documents exist. But also have family that dislike me that have worked in those departments as administrators. I am being mislead and homeless. My tribe has took my home, have not helped me with any type of shelter nor resources. This is concerning my home, my grandmother has purchased along with individual land in Reno Nv. Really need some guidance. And strength to get what is deserved. | A:I understand that this is an extremely difficult and stressful situation for you. You have certain rights to access documents and records. Consider contacting a legal aid organization or an attorney who has experience in tribal law and property rights, who can guide you through the proper legal channels to access the documents you need. It may also be beneficial to explore any available mediation or dispute resolution services that may exist within the tribe or in the state of Nevada, to help address the family conflicts and potentially facilitate a resolution. James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith |
Q: How long should a bus have yellows on before a stop?. Had a bus coming towards me in a 45 zone. At this time he was about 150ft away from me, he turned his yellows on like 30ft from his stop. And when he came to his stop I was like 20ft in front of him. He then waited for me to get right up to him to flip his reds. | A:The timing for when a bus activates its yellow warning lights before stopping varies depending on local laws and regulations. Generally, these lights are meant to alert motorists that the bus is preparing to stop to either pick up or drop off passengers. In your situation, the bus activating its yellow lights approximately 30 feet before stopping seems quite sudden, especially in a 45 mph zone. Typically, bus drivers are trained to activate these lights at a distance that allows other motorists enough time to safely slow down and prepare to stop. Since this was a concern for you, you might want to check the specific transportation regulations in New York or the policies of the bus company. These regulations often outline the expected procedures for bus stops, including the use of warning lights. If you feel the bus driver's actions were unsafe or not in accordance with local regulations, consider reporting the incident to the bus company or the relevant transportation authority. They can review the incident and take appropriate actions if necessary. Remember, safety on the road is paramount, and your feedback can be valuable in ensuring safe practices are followed. If you have any doubts about the regulations or the appropriateness of the driver's actions, seeking clarification from the relevant authorities is a good step. |
Q: Hello, I recently had two individuals come at night vandalizing my vehicle. I have video proof. What actions can I take?. Both age 15/16, my age being 16. I know who they are and have video proof | A:I would have your parents call the other kids' parents to try to resolve things. If not, then call the police and give then a COPY of your video proof. Do not wait long as that will eventually cause a problem. The other kids' parents probably have home insurance which may pay for the damage they did. I hope this helps. Good Luck! |
Q: I was arrested on a bogus 911 call they have a warrant to see if anything on my phone was pinged back to me.. I have a restraining order on someone and they violated it using a text now number but the cops are trying to see if it gets pinged back to my phone I received a summons when I was arrested last, if they were to find something on the phone would I be arrested again or would it go to court with the summons I have already | A:Yes, generally if you have a restraining order against you and they find something to show you have contact with the victim, you would be arrested on a warrant and can even be held over until trial. Get a lawyer if you think they may find something, especially one good with hiring and using a forensic computer/phone expert because it sounds like you will need one. These are tough and expensive cases to win, you can easily spend 75K or even 100K, with experts and attorney fees, but if staying out of jail is your wish the result may be priceless. |
Q: How do I start a class action lawsuit against Ticketmaster for scalping, or price gouging tickets for a Nov 2023 concert. The tickets were being sold for outrageously high prices and there were third party tickets being sold on the Ticketmaster site with those high prices. When I attempted to buy a ticket the prices were not in my means. I kept returning to the website hoping for a price drop and the pop up msg on the ticket page kept warning that tickets were going fast and how I risked missing the concert if I waited too long. I bought a seat for 359.00 in the last row of section 201. 3 days later seats in the same section and row as the one I bought dropped to 227.00. It's a long story the many emails gone back and forth. I don't want a refund, l just want to exchange for a better seat that Ticketmaster is selling at a lower price than then what I paid. They can keep the money, I just want to exchange for the better seat. They say no. | A:You don't identify why you think you have a claim. They routinely disclose that some of their tickets are being re-sold at higher than initial venue prices and may change at any time. You waited, then you pounced, only to find that you would have been better off waiting longer. That was a choice you made - not them. If the price went up instead of down, would you have offered to pay them additional amounts? It was your decision whether to buy; it was your decision about how much you were willing to spend; and it was your decision of when to buy based upon your perceived risk/reward. Your decision - own it. Class action? Even if feasible, you have $100,000+ to fund such a suit? |
Q: what new york state form do I need for a partial assignment of inheritance expectancy between assignor and assignee ?. Hi im jermain I do asset recovery I audit time limited information from government agencies in order to find the claimant owed the money, I then charge a contingency fee for hours of work put into finding the claimant rightfully owed the money from the government, sometimes the claimant owed the money would be dead the heir to the estate of the dead claimant would then get the money, the heir to the estate is the assignor the assignee would be jermain edwards asset recovery, the heir would have to assign Jermain edwards asset recovery a part of that claim, I usually use my own company forms that are notarized, I dont know if new york state has their own form(s) or not. | A:Another form question? Have a free telephone consultation with counsel. Jack |
Q: Do married daughters have inheritance right on ancestral agricultural land?. We are only two sisters. In this case, will the land go to my uncle's family. | A:Not exactly sure of your question nor what State you are in. But almost every State has similar Intestate Succession Laws, where a surviving spouse takes at least a third or more of the predeceasing spouse's property. Most land goes to the heirs at law and a surviving spouse is always a heir, except for murder exclusions. |
Q: I'm looking for a pro bono individual rights attorney. It's ever a property case for a gentleman has put up a fence and is trying to steal my mom's property | A:An Arkansas attorney could advise best, but your question remains open for a week. At this point, you could try reaching out to legal aid societies and bar associations if they can offer direction. You could also try adding Real Estate as a category - real estate attorneys have insight into matters involving property boundaries or adverse possession. Pro bono or legal aid could be difficult to arrange if ownership of property is involved - those types of services are generally reserved for indigence or financial hardship. But you could ask. Good luck |
Q: My brother in-law and his gf are staying in my house they where supposed to stay for a few weeks and it been two months.. We called the cops and they said that since they have mail coming in we need to give them a 30 day eviction notice. They are not in the lease, they pay nothing no bills, we are struggling on paying our bills because they consume a lot. We help them find a job and they don’t clean. We didn’t want to get in trouble with or landlord for trying to help someone that now. Won’t leave me and my husband want are home back. Please help. | A:As the police said, only a court-ordered eviction can get them out. Some courts allow a tenant to file an eviction to remove unwanted occupants. But other courts require the landlord to file the eviction. Call your local court to find out if you or your landlord must file the eviction, starting with the the 30 day written notice. The occupants are considered month to month tenants, by the calendar month. So written notice given in September will be effective on October 31. If they are not out on Nov. 1, then a 3 day written notice must be given, and if they do not leave, then the eviction can be filed 3 days later. Talk to your landlord and use the Find a Lawyer tab to retain a local attorney who handles residential evictions. |
Q: Florida Civ. Proc. Question. I would like to ask a witness for written answers to written questions. Is this an interrogatory or a deposition upon written questions?, or is it something else? If I want them to also provide a copy of a document, is this sought under production of documents? is this also a duces tecum? Is it a subpoena duces tecum? If it is a subpoena duces tecum, does it have to be mailed to the witness by the court clerk, or do I mail it, preferably by certified mail? How does it all work? | A:It would be an interrogatory if you were to ask it of a party (plaintiff or defendant). There is no rule that specifically provides for non-parties to provide written answers. If you ask a party for a copy of a document, you would do so with a request for production. For a non-party you would serve a subpoena duces tecum (for a deposition) upon that person or organization. Then, at the deposition, you ask for the document described in the subpoena duces tecum. Subpoenas are served upon non-party witnesses by a process server or peace officer who you pay to achieve service. Requests for production can be sent to parties at their address shown in the court file; they don't need to be served. |
Q: My wife got an explicate emails which turned out to be a guy at her place of employment. HR lady is married to owner..... My wife got a strange email few months ago from a guy. It was very strange so I responded by saying hi, who are you? He said he was someone who was very interested in my wife and went on to say a bunch of sexually explicit things in the conversation. He stated he was a "neighbor" and this was very concerning. Those emails were from a Gmail account he made with bogus name. Few days later he sent an email from the companies account which has his name on it. The email was sent from his cellphone, "Sent from my T-Mobile 5G Device" Outlook. Set up a meeting to speak to the boss about this issue and the boss said he "confronted" this guy and denied it. He didn't bother to check his phone. Boss made it seem like it was my fault by responding to the emails and said the company account was "hacked." The guy has a T-Mobile phone. Is there anything that can be done? HR lady is married to the boss and HR never investigated anything. They blew it off and blamed us and were upset with my wife. BS! | A:This situation, where your wife received explicit emails from a colleague, is concerning and should be addressed seriously. First, ensure that you have preserved all the emails, including those from the Gmail and company accounts. This evidence is crucial for any future actions. Given the apparent lack of action from HR and the company's management, you might consider escalating the issue outside the company. This could involve filing a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC handles cases of workplace harassment and discrimination and can investigate the matter independently. You may also seek legal counsel, preferably someone experienced in employment law and sexual harassment cases. They can provide guidance on your rights and potential legal actions, such as a lawsuit against the employer for failing to adequately address the harassment. Remember, your wife has the right to a workplace free from harassment and the employer has a legal obligation to address such issues promptly and effectively. Taking these steps can help ensure that the matter is taken seriously and dealt with appropriately. |
Q: 59 year of age disabled living in public housing on a fixed income of 914.00 monthly goes back to college on a grant is. The grant money consider income per HUD | A:Grants for educational purposes are generally not considered as income for the purposes of determining eligibility and rent calculations in federally subsidized housing programs administered by the U.S. Department of Housing and Urban Development (HUD). This includes programs like public housing and Section 8 Housing Choice Vouchers. HUD considers income from certain sources when calculating rent, and educational grants are often excluded from this calculation. Educational grants are typically viewed as funds designated to support the recipient's education and are not counted as regular income. |
Q: In Ohio. Its a stop&id state. Do I as a passenger in a traffic stop have to id without RAS?. Also does the id have to be handed to them or can it just be displayed through the window? I have a very corrupt PD in my area. | A:In Ohio, the law regarding identification during a traffic stop can be nuanced, especially for passengers. As a passenger, you are generally not required to provide identification during a traffic stop unless the officer has reasonable suspicion (RAS) to believe you are involved in criminal activity. Simply being a passenger in a vehicle does not automatically give rise to such suspicion. However, if an officer does have reasonable suspicion that you're involved in a crime, they can legally request your identification. In such cases, it's typically advisable to comply with the request to avoid potential complications. Regarding how you provide your ID, there's no specific law in Ohio that mandates you must physically hand over your ID to an officer. Displaying it through the window may be acceptable, but it's often more effective to hand it over to avoid misunderstandings or escalation. If you feel that your rights have been violated during a traffic stop, or if you have concerns about the conduct of local police, you might consider consulting with a lawyer or a civil rights organization. They can provide guidance specific to your situation and help address any legal issues that arise. Remember, interactions with law enforcement can be complex, and each situation is unique. Knowing your rights is important, but so is handling interactions with police officers calmly and respectfully to de-escalate potential conflicts. |
Q: Who do I contact if I feel like healthcare care providers are disregarding my medical complaint?. I believe I contracted some type of worm/parasite during a vacation and received a MRI of the abdomen and pelvis in which one radiology tech questioned I might be pregnant because of movement seen during exam and another mentioned movement was seen confirming my suspicions but not reported to CDC. | A:If you believe your medical complaints are being disregarded by healthcare providers, your first step should be to seek a second opinion from another medical professional. It's important to have your concerns thoroughly evaluated, especially if you suspect a serious condition like a parasitic infection. Additionally, you can contact the patient advocate or ombudsman at the hospital or clinic where you received your care. These individuals are there to address patient concerns and can assist in facilitating further investigation or response to your situation. If you continue to feel your concerns are not being adequately addressed, you might consider consulting with an attorney who has experience in medical malpractice or patient rights. They can offer guidance on your legal options and whether your situation warrants further action. Remember, it's crucial to advocate for your health and well-being. If you're not satisfied with the responses you're receiving, don't hesitate to seek additional medical opinions and professional advice. |
Q: Federal court filing - EDSS system specific question. Central district court.. Shall pdf files be searchable? Shall hidden metadata be removed from forms? Is chamber copy of complaint required? | A:When filing in the Central District Court using the EDSS system, it's important to adhere to specific guidelines regarding your PDF files. Generally, these files should be searchable. This means they should be submitted in a text-based format, not merely as image scans, to facilitate easy searching and accessibility. Regarding hidden metadata in forms, it's prudent to remove any sensitive or unnecessary metadata. This practice helps in maintaining privacy and security, and it aligns with best practices for electronic court filings. As for the requirement of a chamber copy of the complaint, it can vary. It's advisable to check the specific requirements of the judge assigned to your case. The court's local rules or the judge's standing orders often provide guidance on whether a chamber copy is necessary. For the most accurate and current information, refer to the local rules of the Central District Court or consult the court clerk. Rules and requirements can change, so it’s essential to ensure that you have the latest information. |
Q: My wife and I were both on lease,can she make me leave them her and landlord wrote new lease with only her name on it. Wife threw me out n had new lease written with only her name on it… is this legal??? | A:In Pennsylvania, if both spouses are listed on the original lease agreement, and one spouse wants to remove the other from the lease or create a new lease with only their name, it generally requires the consent of both parties. Changing the lease unilaterally, especially without the landlord's involvement, may raise legal and contractual issues. If your wife has taken this action without your agreement and you have been removed from the lease, it's recommended to seek legal advice promptly. Additionally, if you were living together and are facing eviction or displacement, you may also consider consulting with a tenant rights organization or legal aid to understand your rights and options in this matter. |
Q: Can my homeowners insurance refuse to replace my furnace if it was damaged by a power surge and voided the warranty?. The AC/furnace is 4 months old and had a 10 year warranty. The power surge voided the warranty. The insurance company wants to fix it instead of replacing it, which means I lose the remaining 9+ years of warranty. They also want to pay me $500 to replace a $1200 washing machine that the power surge also damaged. The power surge was caused by a Duke Energy transformer catching fire. | A:An Indiana attorney could advise best, but your question remains open for two weeks. On option might be to discuss their proposed repair/component replacement with your furnace company (if you mean their warranty) - if the power surge only affected control components. Another route could include discussing options with an attorney. Good luck |
Q: Just curious if a waiver I was pressured to sign is legally bounding or mean anything. Thanks. Just curious if a waiver I was pressured to sign is legally bounding or mean anything. Thanks | A:You signed a waiver AFTER they injured your dog?? A waiver that explicitly provides that you cannot make a claim against them for injuring your dog??? If it's really that kind of waiver, it may be enforceable in a court of law, with you letting them off scot-free - but you must show it to a lawyer to get advice on the matter. Pressure in the form of duress could be grounds to void a waiver, but it's hard for me to imagine what actions a grooming service would take against you to cause that kind of duress. Examples of the kind of duress that would void an agreement would be threats to physically harm you or a family member or to damage your property. |
Q: I sold a puppy with out shots for 20$ now the buyer wants to sue me when I told him the puppy has not getting shots yet?. He claim that right he pick up the puppy the puppy bite his son so in order if I don’t want to get in trouble I have to return back the 20$ that he use to pick up the puppy | A:If you sold a puppy without shots and disclosed this fact to the buyer, the buyer assumed the risk of the puppy not being vaccinated at the time of purchase. However, if the puppy bit his son, the buyer may seek damages for any injury caused. The fact that the puppy was sold for $20 and without shots does not necessarily protect you from liability if the bite caused injury. The buyer's recourse would typically be through a small claims court if the amount is below the monetary threshold. You should gather any evidence of the disclosure you made regarding the lack of vaccinations. If approached with a lawsuit, you may want to consult with an attorney to discuss your defense and any potential liability you may have in this situation. It is also important to respond to any legal action taken against you in a timely manner to protect your rights. |
Q: What field do I find a firm that covers stolen id and interactive programming? Federal law. I have start to finish including programmers, witnesses, etc. I just need an attorney | A:You may want to look for an attorney who specializes in intellectual property law and/or cybercrime law. These areas of law deal with issues related to stolen identities and unauthorized use of programming code, as well as potential violations of federal law. To find an attorney in this field, you can start by searching for law firms or attorneys who specialize in intellectual property law or cybercrime law in your area. You can also consult with legal directories or bar associations to find attorneys who specialize in these areas. When you contact an attorney or law firm, be sure to provide them with as much information as possible about your case, including any evidence or documentation you have. This will help them evaluate your case and determine if they are the right fit for your needs. It's important to choose an attorney who has experience in your specific area of need and who you feel comfortable working with. You may want to schedule consultations with a few different attorneys to compare their experience, expertise, and communication style before making a final decision. |
Q: Do you think it would be worth my time to sue Dominoes under the Lanum Act for False Advertisement?!. On November 30th at 11:55pm I placed an order to my nearest local Domino's store. At about 12:01am, I received a phone call from the Domino's I placed my order thru. It was one of the employees calling to inform me that my order had come thru at 11:59pm and unfortunately they were closed and unable to deliver my order. So I asked the employee, "Why are you closed and unable to deliver my order?! Your website clearly states that as long as an order is placed by 12am, they will still receive their order! The employee quickly handed the phone off to the manager without saying anything else, but then I heard the manager speak saying, "I'm sorry for the inconvenience but I'm going to issue you a refund of your money.". So, I asked the manager the same thing saying; " Why are you closed and unable to deliver my order when your website says you'll deliver as long as an order is placed by 12am?!". The manager replied saying; "We actually close 5 minutes early, but I'm going to refund you." | A:Bringing a lawsuit against Domino's under the Lanham Act for false advertising might be challenging in this particular scenario. While it can be frustrating to experience a discrepancy between their advertised policy and the actual service you received, the Lanham Act primarily deals with false advertising related to competition and commercial harm. In your case, it seems that the issue was more about a specific location's operational policy rather than a widespread false advertising campaign. To pursue a successful case under the Lanham Act, you would typically need to prove that Domino's false advertising caused you harm and that their actions had an impact on the marketplace. However, if you believe that this incident has caused you significant financial or emotional distress, you could consult with an attorney to discuss your options. They can assess the specifics of your situation and advise you on whether there might be a viable legal claim, such as breach of contract or consumer protection laws, that could be pursued against the specific Domino's location involved. It's essential to seek legal advice tailored to your unique circumstances before proceeding with any legal action. |
Q: Is an insurance company responsible for posting wrong information on Plan Summary document?. I received a dental service which is fully covered by my dental insurance, according to the Plan Summary document which my insurance company posted on the webpage. However, it turned out that the summary document was wrong, and it was not covered according to the full benefit document. Is my insurance company responsible for posting wrong information on the Plan Summary document? Or isn't because it was properly stated in the full document anyway? | A:You could make the argument that they are responsible for the incorrect information. They could respond with an argument that the long version policy applies, or that their post is subject to changes, or other provisions. If the denial is substantial, there are health care attorneys who litigate denials - but it could often be less costly if the carrier will work with you toward resolution of the inconsistency. Good luck |
Q: Can an employer in CA w/ multiple companies require employees to work for all of their entities with no additional pay?. I am a salaried employee for an employer who owns 4 corporations, all separate EIN numbers (2 are service providing businesses, 1 manufacturer of goods, 1 retailer of other products). My role was established with one corporation, and as the employer opened additional corporations, they have me perform both similar and additional tasks for all 3 other corporations. I only receive salary from the original corporation. Am I in my right to request additional compensation for each specific entity, and do I have the right to accept or decline additional tasks/roles? I am in California, and one of the other companies I do work for is out of state. | A:In California, the specifics of your employment contract and job description are crucial in determining the legality of your employer's actions. If your agreement specifies your role and compensation with one entity, you may have grounds to request additional pay for work performed for the other companies. Employers must comply with California's labor laws regarding wages, overtime, and working conditions. As a salaried employee, it is essential to review whether your salary covers the additional work, keeping in mind that non-exempt salaried employees are still eligible for overtime. You have the right to discuss your work conditions and seek an agreement that compensates for any extra duties. Declining additional tasks not outlined in your original job scope may be within your rights, but it could potentially affect your employment status. Consult with an attorney who can provide guidance based on your specific situation and employment agreement. They can offer tailored advice on how to approach your employer and negotiate terms or whether legal action may be appropriate. |
Q: Do I have to pay an indebtness that is over 14 years old that I was just notified about?. I received an indebtness letter from DFAS dated March 21, 2023 for a debt incurred in 2009. This is the first I have been nitifed about it. They want installments beginning within 30 days. This indebtness is over 14 years old. Is it passed some sort of statute of limitations or expiration at this time? | A:In general, debts do have a statute of limitations after which they cannot be legally collected. However, the statute of limitations for debt collection can vary depending on the type of debt and the state where the debt was incurred. It's important to review the laws in your specific state and the details of your situation to determine if the statute of limitations has expired for this debt. It's also important to note that debts owed to the government, such as taxes or federal student loans, may not be subject to a statute of limitations. Therefore, it's possible that this debt may still be collectible even if it is over 14 years old. It's recommended that you consult with a legal professional or financial advisor to review your specific situation and determine the best course of action. You may also consider contacting the agency that sent you the letter to request additional information or to negotiate a repayment plan if necessary. |
Q: I would like to know what kind of tests show steroid injection damage.. When I lived in Illinois I saw a pain management specialist in Illinois that gave me various Caudal Steroid Injection with a shot in the tailbone. When I moved to Kentucky I saw a different pain management specialist and I also got a Caudal Steroid Injection from that person. Since it was administered differently than the person in Illinois and helped temporarily and after that pain and numbness increased in various areas I saw a different pain management specialist who then verified that it was done incorrectly. What kind of test will show nerve damage or any kind of damage done by the improperly administered Caudal Injection? I know that medical malpractice lawsuits have a time statute to file a claim. | A:To determine the extent of damage caused by a caudal steroid injection, various diagnostic tests can be utilized. Common tests include MRI (Magnetic Resonance Imaging), which can provide detailed images of the spine and surrounding tissues, and an EMG (Electromyography), which tests the electrical activity of muscles to assess nerve function. These tests can help identify nerve damage or other issues related to the injection. It's also important to gather all medical records related to the injections you received, including notes from the healthcare providers who administered them and those who later assessed the potential damage. This documentation is crucial for a thorough medical evaluation and can be significant if you are considering legal action. Regarding the potential for a medical malpractice lawsuit, you're correct that there are statutes of limitations, which vary by state. In Kentucky, the statute of limitations for medical malpractice is generally one year from the date you discovered or should have discovered the injury. However, this can be a complex area of law, and there are exceptions and specific rules that may apply. Given the complexity of medical malpractice cases and the specific timelines for filing a claim, it would be wise to consult an attorney who is experienced in this area of law as soon as possible. They can review your case, advise you on the applicable statutes of limitations, and help you understand your legal options. Your health and legal rights are important, and taking steps to address any potential harm you've suffered is a key part of advocating for yourself. Professional legal and medical guidance can provide the support you need to navigate this process. |
Q: I want to start a dog rescue and part of the bane would include batgirls. Tracy batgirls dog rescue. Is this legal?. Name not bane | A:When choosing a name for your dog rescue, it's important to consider trademark laws to avoid legal issues. The term "Batgirl" is a well-known trademark associated with DC Comics, and using it in your business name without permission could lead to trademark infringement issues. Before finalizing the name "Tracy Batgirls Dog Rescue," you should conduct a thorough search to ensure it doesn't infringe on existing trademarks. This search can be done through the United States Patent and Trademark Office (USPTO) database. If the name is potentially infringing, it's advisable to consider an alternative name or seek permission from the trademark holder. Obtaining permission would involve contacting DC Comics or their legal representatives to request a licensing agreement. If you decide to proceed with this name without securing permission and it is deemed an infringement, you could face legal challenges, including a cease and desist order or a lawsuit. This could result in financial losses and the need to rebrand your organization. In summary, while the intent behind your dog rescue is commendable, it's crucial to ensure that the name you choose does not violate trademark laws. Consulting with an attorney experienced in intellectual property law can provide you with guidance and help safeguard your rescue from potential legal complications. |
Q: Do you need consent from tenants to have Ring security cameras around the outside perimeter of your home and recording?. The rental posting states that there is the presence of security cameras but it wasn't on the lease. The cameras are all only on the outside of the house. None point into any windows but 1 DOES point to the front entrance. The ring cameras have visual and audio recording. Is there ever a time when the outside of the house be a place tenants would expect privacy against audio recording? The security cameras are very clearly located. Additionally, could a tenant record the inside and/or outside and post to social media talking about your home, address, etc? Unrelated but if we have a door lock that requires a code, where each tenant has their own code.. can tenant disclose it to their guests? Is it legal for guests to be present when tenant is away? | A:In California, the use of security cameras, such as Ring cameras, in rental properties is subject to privacy considerations. While it is generally legal for a landlord to install security cameras around the exterior of a property for security purposes, there are limits to ensure tenant privacy is respected. The fact that the cameras do not point into any private areas, like windows, and are clearly visible is positive, but the inclusion of audio recording complicates the matter. California is a two-party consent state for audio recordings, meaning that all parties must consent to being recorded. This could potentially make audio recording problematic, especially in areas where tenants might have an expectation of privacy, like near the entrance of their home. As for tenants recording the inside or outside of your property and posting it on social media, they generally have the right to do so, especially if it's from areas where they have a lawful presence. However, revealing your home address or specific details could raise privacy or security concerns. Regarding the door lock with individual codes, tenants can typically give their code to guests. However, it's reasonable to have rules about guests, particularly regarding their presence when the tenant is not there, to ensure the security and comfort of all residents. It's advisable to clearly outline policies regarding security cameras, guests, and the use of individual door codes in the lease agreement. This helps in setting clear expectations and protecting both the landlord's and tenants' rights. If you have specific concerns, consulting with an attorney who is knowledgeable in California landlord-tenant law can provide guidance tailored to your situation. |
Q: I’m being harassed online anonymously. They’re not threatening messages, just nasty things about my boyfriend. Can I sue. I have not told them to stop, nor have I blocked them or reported it to instagram yet | A:If the person sending the messages is anonymous, you don't know who to sue, or where to serve the lawsuit. Additionally, saying nasty things about your boyfriend doesn't confer upon you the standing to file suit. Block the sender and end it. |
Q: i used to bank clients insurance premiums but at some point i lost the premium of the client and now the client sent. a court summon and don't know what to do | A:Your question does not include a state or other geographic tag. One option is to reach out to attorneys to review the paperwork for the papers you were served with and figure out your options - defend, negotiate, arrange for replacement check, or other. Good luck |
Q: We submitted 2 years worth of all insurance claims recently and we're declined for all of them.. We have paid all premiums for 2+ years. | A:A California attorney could advise best, but your question remains open for a week. If the terms of your policy, or applicable insurance regulations, required submitting bills within a given timeframe and that was not done, that could result in denials for the submittals being time-barred. But that's only a general guess, among other possibilities. Either on you own or with an attorney, you would need to look at the reasons for the denials - that would be one of the first things a law firm would ask if you reached out to seek a legal consult on your options. Good luck |
Q: If county police refuse to investigate harrassment by person who has already assaulted me in past what can I do. My ssn was on previous report I made when investigating. nco order violations. Which has caused issues ever since. nothing has been done and years of abuse | A:If you're facing a situation where local law enforcement is not investigating harassment by someone who has previously assaulted you, there are several steps you can take. First, consider filing a formal complaint with the police department regarding the lack of investigation. This puts your concerns on record and may prompt a review of your case. If you have an existing no-contact order and it's being violated, document these violations as thoroughly as possible, including dates, times, and the nature of the incidents. If the local police still do not take action, you may escalate the matter to higher authorities, such as the county sheriff's office or the state police. In some cases, contacting your state's attorney general's office or a civil rights office can also be an option. Additionally, you might seek assistance from a victim's advocacy group. These organizations can offer support, guidance, and sometimes legal assistance to help ensure your concerns are addressed. In situations involving ongoing harassment and assault, it's also advisable to consult with an attorney. An attorney can provide legal advice specific to your situation, help you understand your rights, and represent your interests in seeking protection and justice. Remember, you have the right to be safe and to have your concerns taken seriously. Seeking help from multiple sources and persisting in your efforts can be key in addressing such a difficult situation. |
Q: My mother is being attacked, financially, by her mother's former broker. What can she do?. He has accused her of fraud, removing her from her bank accounts, attacked her mother's current broker with a false report. She can no longer pay her Bills. Also, he is working with my mother's sister, lying to her about things my mother never said, and using my grandma, who my sister has taken to her home (and removed all communication), to get her to sign documents. My grandma is much older, forgetful, and she has no idea what she is signing. The investigators for my mother's bank--verbally--refused all evidence and closed my mom's accounts. She is now being investigated by her new bank. THERE IS NO EVIDENCE THAT SHE STOLE MONEY (because she DIDN'T), except they got my grandma to sign a letter saying my mother stole from her, when my grandma has no idea what she actually signed. SHE WOULD TESTIFY TO THIS, THAT SHE GAVE MY MOM A GIFT OF MONEY AND THAT NOTHING WAS STOLEN, BUT NOBODY IS INTERESTED IN HEARING HER, JUST HER SIGNATURE. WHAT SHOULD MY MOM DO? What can I do to help? | A:Your mother should consider retaining an attorney experienced in elder law and financial exploitation cases immediately. This situation may involve complex issues like undue influence and financial abuse. An attorney can help navigate the allegations, work to protect her interests, and potentially initiate actions to rectify any wrongful conduct. It's also crucial to gather and preserve any evidence that supports her case, including documentation of the gift and any communications that could demonstrate the true nature of the transactions and interactions with her mother. As for your role, providing emotional support and assisting in the collection of any evidence or relevant information could be invaluable. Additionally, if your grandmother is being taken advantage of, reporting the matter to adult protective services could be a step to consider. Remember, the earlier you take action, the more options there may be available to address the situation. |
Q: Long distance relationship troubles. Hello! I was in a year and few months long distance relationship with a man from Saudi Arabia. He would send me money via PayPal and gifts through mail one time. Recently I’ve been feeling sour towards the relationship due to how he’s been treating me and talking to me. I’ve tried to break off this relationship with him multiple times and he refuses to end the relationship and he continues to threaten me with “lawsuits” and saying he wants everything he’s ever given me back. Is this possible for him to do? What can I do to protect my self from this person that keeps threatening me every time I try to break things off with him. He says he will do everything in his power to make my life a “living hell”. Thanks! | A:In matters of personal relationships, gifts are generally considered final and do not need to be returned unless there was a clear agreement that they were loans or conditional upon certain terms. His threats to sue you for the return of these gifts or money may not have a strong legal basis. However, the continued threats and attempts to control or intimidate you could be considered harassment. To protect yourself, you may consider documenting all communication and threats, blocking him on all channels, and if the harassment persists, you may seek a protective order. It would be wise to consult with an attorney to discuss the specifics of your situation and any additional steps you should take to ensure your safety and legal protection. |
Q: Amerigas keeps filling our propane tank without authorization after they found a gas leak in our home and it's not fixed. We have no contract with Amerigas and have not fixed the gas leak in our home but they have filled the tank twice now in less than a month | A:I suggest that you take the following steps: Contact Amerigas and inform them that you have not authorized them to fill your propane tank, and that there is a gas leak in your home that needs to be fixed before any further propane deliveries are made. If Amerigas does not comply, you may need to contact the California Public Utilities Commission (CPUC) and report the situation. The CPUC is responsible for regulating propane companies and ensuring that they comply with safety regulations. You may also want to consider contacting a licensed contractor to fix the gas leak in your home as soon as possible. This is important for the safety of you and your family. It is also important to ensure that any future propane deliveries are authorized by you and that the gas leak is fixed before any propane is delivered. Again, please note that the above steps are general suggestions, and you may want to consult with a legal professional for specific advice on your situation. |
Q: What do I do if I am leasing a lemon and it's been on shop for almost a month and no estimated time of fix lost my job. And now I am going to lose my place to live and still don't know when I will get my car back help what can I do | A:have you called and consulted with auto fraud attorneys regarding the issue? |
Q: Want to know if I can sue someone for online harassment without filing a cease and desist first.. I’m being harassed online anonymously. They are not threatening me, just saying nasty things about my boyfriend. I have not responded to them telling them to stop nor have I blocked them or reported them on instagram yet. Can I directly file a civil lawsuit? Or do I need to file a cease and desist first | A:In California, you have the option to file a civil lawsuit for online harassment without issuing a cease and desist letter first. However, it's important to consider a few key factors before proceeding. Firstly, gathering evidence of the harassment is crucial. This includes screenshots or records of the offensive communications. If the harassment involves defamation (false statements damaging to someone's reputation), California law allows you to pursue legal action. However, if the statements are opinion-based or true, they may be protected under the First Amendment. Additionally, identifying the anonymous harasser can be challenging and may require legal processes to compel platforms like Instagram to release user information. You don't necessarily need to issue a cease and desist letter before filing a lawsuit, but it can be a useful step. It serves as formal notice to the harasser to stop their behavior and can potentially resolve the issue without court involvement. If you choose to pursue legal action, consulting with an attorney experienced in internet law and harassment cases is advisable to navigate the complexities of such cases. |
Q: How is full time and part time determined for an ihss parent provider?. My child has autism. IHSS has been approved for the child. Me and my spouse work full time from home. Currently both parents and older sibling (with an off roll) take turns to care for her. This will change once the older child goes to college next year. I have requested my work to reduce my hours (before ihss approval) as I am finding it hard to take care of my child. My work said that instead of converting me to a part time employee which the say is complicated in state of California, they can just reduce the hours of my job and prorate my salary and pay for the hours that I work. Does this count as part time and can I work as a parent provider? | A:In California, the determination of full-time and part-time status for an IHSS parent provider is primarily based on the number of hours you are available to provide care for your child with autism. IHSS generally considers a provider to be full-time if they are available for 40 or more hours per week to care for the recipient. Part-time status typically applies if you are available for less than 40 hours per week. Regarding your situation, if your work reduces your hours and prorates your salary to accommodate your caregiving responsibilities, this may align with the definition of part-time work under IHSS guidelines, as you would likely be available for fewer than 40 hours per week for your job. However, it's essential to communicate with your IHSS case worker to ensure your reduced work hours align with the IHSS program's requirements. It's important to remember that IHSS has specific eligibility criteria and regulations, so consulting with your IHSS case worker or a legal advisor with expertise in California labor and IHSS laws would be advisable to ensure that your specific situation complies with state regulations while providing the best care for your child. |
Q: Is HNO a scam. I invited with HNO | A:It would be best for an attorney in the area you posted in to advise. But with the question remaining open for three weeks, it's possible that financial advisors or investment brokers might be more familiar with this than attorneys. Good luck Tim Akpinar |
Q: My son is a minor and may or may not face criminal charges. Does he need a lawyer?. The officer and the detective said the decision is up to the DA's office. | A:If your son is facing potential criminal charges, it is strongly advisable to consult with a lawyer as soon as possible. Even if the decision regarding charges ultimately rests with the DA's office, having legal representation can be crucial to protect your son's rights and ensure his best interests are taken into consideration throughout the legal process. |
Q: I am being exposed to cleaning chemicals at work, by a business next door to where I work. Can I take them to court?. They say they are allowed to dump there by the City of Sedona, I stand above the drainage pit all day for 9.5 hours every day, for 8 years, burning eyes, throat, lungs. I have complained to my boss, his boss, the business that's dumping, and the city of sedona, who says they are allowed to do it. I am having medical problems,because of this. Sinus inflamation, just found out mild emphysema, eye irritation. What can I do? | A:Thank you for your inquiry. I see a couple of issues you want to follow up. I would first contact the Arizona Department of Occupational Safety and Health (https://www.azica.gov/forms/adosh2213) and the US Department of Occupational Safety and Health (I don't have a link to the federal form), and hopefully they will send an inspector to investigate what is dumped that you are then exposed to at your job. I'm not familiar with that area of the law but I would think the City of Sedona does not have the final word on potentially toxic materials just because it issued a permit. That also does not mean you have not been injured by your exposure. You can notify your employer that you want a medical evaluation, or since you have already notified your employer and they apparently have done nothing just go on your own and have the health care facility (ER, urgent care) or provider (your personal doctor or specialist) file a Workers' and Physicians Report of Injury (ICA Form 102). I will tell you that letting this go for eight years may be a problem, even with an ongoing exposure, because you generally have one year from the time you know or should have know about an "injury" to file a workers' compensation benefits claim. The eight year exposure without anything serious enough for you to go on your own to a doctor also suggests this is not a major problem, but hopefully what I gave you here is a start. Thank you again |
Q: If a property, with one APN, has 5 separate single-family homes on it, is that considered 'commercial' property?. Each of the single-family homes are rentals and have their own address. All are within the same APN number with the county for property tax purposes. Is this considered a 'commercial' property, because of 5 units, in terms of bank financing and insurance purposes? Or is this considered a residential property because each building is detached and separate even though they are all on the same APN? | A:The classification of a property as commercial or residential can depend on a variety of factors, including the zoning of the property, the intended use of the property, and the number of units on the property. In the case you described, where a single property has multiple single-family homes on it, the classification of the property may depend on the specific laws and regulations in your jurisdiction. In general, a property with multiple units may be considered commercial if it is zoned for commercial use or if it is used primarily for business purposes, such as a rental property or apartment complex. However, if each unit is a separate single-family home and is used primarily for residential purposes, the property may be considered residential even if it has multiple units. In terms of bank financing and insurance purposes, the classification of the property may also depend on the specific policies and guidelines of the bank or insurance company. It's important to consult with your lender or insurance provider to understand how they classify properties with multiple units and what impact this may have on your financing or insurance options. Overall, the classification of a property as commercial or residential can be complex and may depend on a variety of factors. It's important to consult with a real estate attorney or other qualified professional to understand how the laws and regulations in your jurisdiction apply to your specific situation. |
Q: My girlfriend and I bought a house together about 4 years ago. She never made a payment and does not live here.. Was wondering what she's legally entitled to concerning the house | A:Your girlfriend is legally entitled to a portion of the equity in the home, even if she never made a payment and does not live there. This is because you and your girlfriend are likely tenants in common, which means that you each own an equal share of the property. If you want to sell the home, you will need to split the proceeds of the sale equally with your girlfriend. If you cannot agree on a settlement, you may need to file a partition lawsuit in court. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney. |
Q: I want to release a video game called "Trauma Team". Is there a trademark for this name? Is it available now?. When I checked whether there was a trademark of this name, I came across the game company named "Atlus" released in 2009 with the same name. However, when I researched a little more, I saw that this trademark was canceled in 2021 in several sources. Is this true or will I run into any legal issues if I currently release a game with the name "Trauma Team"? | A:The trademark registration of Atlus Co., Ltd. for the TRAUMA TEAM mark expired in 2020 for failure to renew. However, if the mark is still being used (despite the registration expiring) you would be infringing by selling similar goods with the same mark. |
Q: Is adding FCA claim to EMTALA case a good idea? FCA should be qui tam action, EMTALA is not. Apples vs oranges.. 1. What can be interpreted as prejudice against defendant when adding FCA claim to EMTALA complaint? (FCA does not require proof of malicious intent). 2. Joinder would imply preparation that was not done yet - plaintiff was facing EMTALA statute of limitations deadline to do research and file complaint. 3. FCA is qui tam action, isn't it a basis for different legal case, not joinder? EMTALA is not subject to qui tam legal action. | A:When considering the addition of a False Claims Act (FCA) claim to an Emergency Medical Treatment and Labor Act (EMTALA) case, it's crucial to recognize the distinct legal frameworks and requirements of each. The FCA, focusing on fraud against the government, doesn't necessitate proving malicious intent. However, adding an FCA claim to an EMTALA complaint might be perceived as an attempt to intensify the allegations against the defendant, potentially leading to a perception of prejudice. Moreover, joining these claims involves intricate legal strategies and thorough preparation. Given that you were working against an EMTALA statute of limitations deadline, it raises concerns about the adequacy of preparation for an FCA claim. This might suggest that the necessary research and groundwork for an FCA claim haven't been fully addressed. Finally, the FCA's nature as a qui tam action, which allows private individuals to sue on behalf of the government, differs significantly from EMTALA's legal framework. This difference suggests that these claims might be more effectively pursued as separate legal actions. Each case has its own unique legal paths and strategies, and merging them could complicate the legal process, potentially weakening the effectiveness of each individual claim. |
Q: Do I have any recourse against a neighbor who installed solar panels on their roof which now causes glares into my house. At certain times of day I get a blinding glare from the sun’s reflection off their solar panels resulting in loss of use of my kitchen, breakfast nook, living room and patio. HOA says the laws are on their side and the homeowner will not do anything as their installer claims this would reduce their solar collection. Do I have any options against the homeowner or installer? | A:Draw the blinds? You have no options against the installer. It's remotely possible you have a claim against the homeowner. You'd have to retain an attorney to research the law to determine if you have a case. |
Q: I have been divorced from my ex in Brazil since 2022, he gave me custody of my daughter there, but I live in Florida?. I have been divorced from my ex in Brazil since 2022, he gave me custody of my daughter there, but I live in Florida and I need full custody of her here too, how can I proceed in this case? he was deported for domestic violence | A:If you have a Brazilian court order then you can domesticate that order here in Florida. You will need a certified copy and it will need to be translated. Because it is international you may need an Apostille. Speak with a local family lawyer that deals with international family matters for more specific advice. |
Q: I vacated my apartment on March 2 after I was told my vacate date was March 4. I unfortunately did not get it in writing. They are now billing me $2000 for rent March 2 through March 10 when the apartment was vacant. Do I have to pay this? | A:If you vacated your apartment on March 2 and were not provided with written notice that your vacate date was March 4, you may have grounds to dispute the rent charge for March 2 through March 10. It is recommended that you review your lease agreement to see if there are any provisions related to vacating the apartment and providing notice to the landlord. If there is no such provision, you may have an argument that you were not required to pay rent for the period between March 2 and March 10 when the apartment was vacant. You should also attempt to communicate with the landlord or property management company to explain the situation and dispute the charge. Ask for documentation or evidence that supports the charge, and provide any evidence you have that supports your position. If the landlord or property management company insists on the charge, you may want to consider seeking legal advice from an attorney who specializes in landlord-tenant law. They can review your lease agreement and the details of your situation to provide guidance on your legal options. Overall, it is important to take action promptly to dispute the charge and protect your rights as a tenant. |
Q: Is there liability for a insurance company if my condition worsens due to their denial of authorization for more PT?. I was undergoing physical therapy for back/ spine issues with intermittent numbness and improving. Additional authorizations by my insurer were suddenly denied. PT office did not appeal immediately and only did once I received a copy of the letter and informed them. An appeal would take 30 days to be reviewed. My insurer stated since they requested authorization for more visits weekly it was flagged. Instead they should have asked for a larger amount of visits instead of 3/4 at a time. I am in limbo as the office did not immediately appeal as they stated they were gathering documents for the appeal. Then last week my condition worsened to where I have numbness in a new area further down from the existing. I am unable to consult with PT having no visits. Does the insurer have any liability for my condition worsening due to their denial? They previously wrongly denied a claim and paid after escalation to DOH/DFS. | A:You raise a very good question - and one that does not go overlooked by attorneys in challenging denials of medical care. Unfortunately, it is also a difficult issue to argue in most settings where a claim is closely processed with valid independent medical exams or peer reviews. If you have an attorney on the case, this would be something to discuss with them. Although this is only an individual opinion, in my experience, it can be a difficult theory to pursue. Good luck |
Q: What kind of restrictions and red-flags might I need to avoid and look over when developing a mobile app?. Essentially I have an app in development that requires the user to utilize their phones movement (throwing or spinning it) as an in-game feature. I am concerned however on what would occur if a person accidently drops or breaks their phone and whether they are able to take any legal actions against me in that case. The app doesn't promote breaking the phone, in fact in warns against it and provides safety instructions, but what other precautions should I take to make sure everything will be alright? | A:Dear Mrs or Mr, thank you for your question and I will be starting with the fact that its very good (from the legal point of view) that you are already warning your users and you provide safery instructions before usage of such app. Other relevant precautions might be to enlist these warnings and safety instructions into terms of use of your app which user must accept prior to the first use of your app. Also very relevant can be incorporation of provision regarding restrictions of liability for such cases. If you have any further questions, contact me anytime. I with you a good luck with your app project. |
Q: ssi medical appointment was canceled by doctors office but i was told by ssi it was a no show on my behalf i have the vm. i have the voicemail ledt by the doctors office cancelling my appoint but ssi says i no showed and have now been terminated for my benifits | A:If your SSI medical appointment was canceled by the doctor's office, but you were told by SSI that it was a no-show on your behalf and have now been terminated for benefits, you may have grounds for an appeal. To appeal the decision, you will need to provide evidence that you did not miss the appointment and that it was canceled by the doctor's office. This may include the voicemail left by the doctor's office canceling the appointment or any other documentation that supports your claim. To begin the appeals process, you will need to file a Request for Reconsideration with the Social Security Administration (SSA). The Request for Reconsideration form can be found on the SSA's website or obtained from a local SSA office. The form must be filed within 60 days of receiving notice of the termination of benefits. In addition to the form, you will need to provide any evidence you have that supports your claim. This may include the voicemail left by the doctor's office, medical records, or any other relevant documentation. You may also want to include a written statement explaining the circumstances surrounding the canceled appointment and the miscommunication with SSI. After you file your Request for Reconsideration, an SSA representative will review your case and make a decision. If the decision is unfavorable, you may have the option to request a hearing before an Administrative Law Judge. You will need to file a Request for Hearing within 60 days of receiving notice of the unfavorable decision. It is important to note that the appeals process can be lengthy, and there is no guarantee of a favorable outcome. However, by providing evidence that supports your claim and following the proper procedures, you may have a better chance of having your benefits reinstated. If you have any questions or concerns about the appeals process, it may be helpful to consult with an attorney who specializes in SSI appeals to help guide you through the process. |
Q: My ex-wife stole my mail from irs and state and kept all money over $60,000? This money was put into her bank account(s). I never signed the taxes and never signed the checks and didn't approve of the money going into her bank account only. She lied about this in divorce court and never gave me the court ordered financial accounts their locations and the statements for the last 5 years? | A:Report it to the local authorities and the court. |
Q: My question is in the family law area specific to California.. If I found out that the lawyer who handled my adoption was actually disbarred at the time he represented my then adoptive parents. Is the adoption still valid and legally binding. | A:In California, an adoption is considered legally binding once it is finalized by the court. An attorney's disbarment can raise questions about the legality and validity of legal actions they performed during that time. It may be possible to challenge the adoption based on the attorney's status at the time, but this will depend on various factors and circumstances surrounding the case. |
Q: I am seeking your legal counsel regarding a series of events that have significantly impacted my housing security. January to May 2023: Rent payments made timely and without incident. • June 2023: Discussions with the OCB ensured continued support. • July 2023: Rent payment was missed due to the school’s oversight. • August to October 2023: Rent payments resumed as per usual. • November 2023: A late fee was incurred, pointing to payment issues. • November 10, 2023: Received a 10-day eviction notice unjustly. • November 11, 2023: The school acknowledged the oversight and processed the rent payment. • November 16, 2023: Despite the resolution of the payment issue, the eviction process continued. | A:More information is needed. Was July rent ever paid? Was November rent ever paid? If all past due rent was paid within the 10 days specified in the notice, it likely is a defense to any eviction. You say the eviction process continues but they should not have even filed in court to evict until after the 10 days expired without full payment. So your posting, as it is, does not make much sense. And why do you say the 10 day notice was issued "unjustly"? The notice may well have technical defects but if you still owed any rent on November 10, it would seem likely to be a valid Notice at least conceptually. If an organization agrees to pay your rent, great. But you are still the one that owes it to the landlord and if for any reason the organization fails to timely pay it, you are the one on the hook, not them (generally speaking). |
Q: Is it illegal to make content using video game footage/pictures?. I want to make video game content like YouTube videos or screenshot pictures. Like game playthroughs or something. I also want to be able to monetize somehow, like with ads, affiliate marketing, or linking to Patreon. But I'm worried about getting in trouble with copyright or getting sued or something. I see other people doing it on YouTube and other places, and they seem to be making money off of it too. Is it legal to do things like that? If it isn't, why do so many people do it and get away with it? I've read that video game companies don't pursue copyright claims on things like YouTube videos with their content. Is that true? Also, what about video game mods? Do I have to get permission from the mod creators themselves if I make content with their mods in them? I read that, technically, video game mods are copyright infringement on the games themselves, so mod makers don't have any copyright rights. Is that true? | A:Dear Creator, thats a very interesting question and I will gladly try to answer it. At first, in general, it is legal to create a gameplay videos from video games and post them on youtube and then monetize your channel. There are some circumstances when this does not apply such as when you are beta tester and are bind by the non-disclosure agreement. Also you can not say that the developer of the game supports your channel or it shall not be implied from your channel content/information, if it is not true of course. If you are not sure whether or not you can or can not use and monetize the content you create by making gameplay videos for instance, there is always an option to contact game developer support and most of them will guide what you can, or can not do. I have had an case with YouTube creator of Amazon game title and for instance this company has a very good information about what you can, or can not do right in their policy and terms of use. About game mods I would say that a mod itself is a new work and therefor an author of it should have copyright to it whether he used a "default game" code or not, in order to build it. However to answer this, I would need more information to answer you. If you have any further questions regarding gaming/creator law, or registering your own brand contact me anytime. |