If a house has gone to a sheriff sale for real estate taxes, what happens to the morgage if someone buys the house?
Answer
The mortgage isn't enforceable however, the bank will enforce the promissory note.
John
If a house has gone to a sheriff sale for real estate taxes, what happens to the morgage if someone buys the house?
The mortgage isn't enforceable however, the bank will enforce the promissory note.
John
why would a distric attorney offer a person who is charged with sexual misconduct with a minor under the age of 11, a simple assult charge?
Maybe because there isn't enough evidence to convict the person on the first charge. Or possibly they shouldn't have been charged in the first place. These are just guesses. Would need more info to figure it out.
Robert J. Johnston. 843-946-0099. Horry County
My husband is wanting to adopt my two children from my previous marriege...,y childrens biological father hardly sees them..and is around 14,000 dollars behind in child support..He also has a felony warrent on him, and is on drugs...He has no set visitation to see my children..He never even showed up in court when we went for our divorce..We live in the state of Kentucky..Would it be hard for my current husband to adopt my children..and have their last name changed to his
It doesn't sound like you have grounds for an involuntary termination of parental rights, and I doubt Dad is going to voluntarily give up his rights, because it still won't forgive his arrearages of child support. But if you're determined to try, schedule a consultation with a local family law attorney.
Actually, I think you do have grounds to pursue an involuntary termination of parental rights, though there is never a guarantee of success in such a matter. The grounds are spelled out in KRS 625. I have seen an involuntary granted for less than what you describe, but it really depends on the judge and the proof offered. It can be an expensive court proceeding if you retain counsel. This is the kind of thing you want to invest in consulting with an attorney face to face about.
A Lake County, Fl judge put a lien against my name. What does it mean?
Would need a LOT more information, but a guess would be that there is an outstanding fine or cost that needs to be paid. Call an attorney to find out for sure.
I consulted with a plastic surgeon last week for a breast reduction. At the time, I wanted to proceed rather quickly to take make sure that I would be fully recovered by the end of my 6 week sabbatical. The doctor said I would be fully up and running so to speak after 4 weeks. He asked me to put a $500 non-refundable deposit down to reserve a date (in 2 weeks from today), even before my pre op appointment scheduled tomorrow - so I did. Since then, I've done a lot of research online and the 55 testimonials that I've read agree to say that the recovery takes at least 8 weeks (before you can lift and handle weight). I have to start traveling for working 5 weeks after surgery, which means handling my suitcases, etc.
I want to cancel my surgery date, and I was wondering if the 7-day contract cancellation applied to this type of case.
Thank you for your assistance.
Questions concerning rights to rescind a contract during cooling off periods have been posted frequently lately. There is no general state law that provides a right of rescission for all contracts. Only specific types of contracts are governed by statute that provide for rescission. A good list and discussion of other issues is here, provided by the Department of Consumer Affairs: http://www.dca.ca.gov/publications/legal_guides/k-6.shtml
My son is mentally ill and receives SSI. I am still not able to go back to work yet because he doesn't do well for a longer period of time with other people. In September of last year he was hospitalized for severe seizures. Now they consider him chronically ill. He can not be left alone at anytime because he may hit his head. They are so regular and often even with medication that he is and home bound and no longer in school. Now can he qualify for even more SSI payments that now he also physically disabled?
Unfortunately no. SSI was established for individuals who are young and/or have no work history to qualify for SSDI, which is based on your work record. With SSDI, the monthly payment is based on how much you earned from work. With SSI, there is a maximum monthly payment amount no matter the nature of how many disabling conditions a person has. You should ask your son's care provider if there are resources in your community to help.
This week my wife decided to move back to England with my daughter. I don't want to lose my daughter. She told me shes never coming back. What can I do to keep my daughter? She doesn't work and tells me I wont ever get custody because I'm in the military and work to much. Is she right or do I any chance at all.
You do have a chance, especially if your wife is threatening to move your child to England without your consent. Such a move would severely weaken your relationship with your daughter, and the courts seek to maintain strong relationships between the child and both parents. Another factor that the courts consider in awarding custody is the child's ties to the community. So if your daughter has limited connections to England and significant connections to her current community in Kansas, that would be another factor against allowing your wife to move to England with the child.
In a divorce, there would be two issues that could potentially be litigated separately. One issue is who should be awarded primary residential custody of your daughter. The other is whether your wife should be allowed to move to England and take your daughter with her.
If your wife was awarded primary residential custody while arguing that she no longer plans on moving back to England, a standard divorce provision is that either party must give the other party 30 days notice before moving the child out of the state. If she would "later" decide to move back to England with your daughter, she would have to give you 30 days notice. You could then file a motion to modify custody based on changed circumstances.
If your wife argues during the initial divorce proceedings that she should be awarded primary residential custody, and she also discloses that she plans on moving the child to England with her, she would have to convince the Court that such a move would be in the best interests of the child.
The above analysis was contemplating a divorce action. If you are concerned that your wife will simply take the child to England with her without divorcing you, that presents a completely different set of issues. Either way, I encourage you to contact a Kansas divorce lawyer that offers a free consultation.
fedx lost a package insured for 25,000.00 . i am getting no were with them.
they sent a letter saying they can not honor my claim.
you need to take the "insurance" agreement to a lawyer..but what was the value of what was lost?? that determines what, if anything, should be paid normally...
I came out of my buddys house about 1245 at night I was about to get into my car when a petersburg police officer pulls down the street I didn't think to much about it it was petersburg. I cranked up my car and was letting it warm up. The officer pulls back around and blue lights me. I had my licence and registration ready. But befor he even asked for that he asked me if there was any contraband in the car. I did have mabe a .2 I gave it to the office there any asked if there's anything in the vehicle I stated no. In the office is at 30 smoke crack cocaine it was asking me when the last time I smoke crack and I was very offended by that. When he started to search my car without my consent not to do you have a liablecause to do that. I'm trying to figure out why he had to stop me I was not doing anything wrong I was just leaving the residence and bout to get my car and leave. There was no smell of marijuana or anything.
So, what are you waiting for, i.e., if you've been
criminally charged, engage the services of a competent
criminal defense counsel to defend you who has the appropriate experience
in the courts of Petersburg.
family law
can a custodial parent move out of state, especially since the none custodian parent at the moment has no visitation rights, because of federal crime SHE did.
Re: family law
If there is an order from the court granting you, the custodial parent, sole custody then yes you can move out of state. If, however, there is no order or an order for joint custody then you must get permission from the court. Having no visitation is not necessarily preventive of one exercising their right to challenge the move. There are several factors the court will assess, one of them being the bond between the noncustodial and child and the burden the move would have on that bond. There are several other factors the court will consider in determing the best interests of the child.
i had dental surgery on february 12th 2010 and they broke a peice of my lower jaw because i had a canine tooth impacted in my gum it was laying on its side i was severes pain then i come to fin out that they could of jus pulled my two front tetth on the bottom and that woulda released the presse that was causing the pain now i have a hole in my jaw, bone exposed,numbness in my face and still continue to have pain in the location of the surgery i beleive it didnt have to be that way and now im still in pain with a hole in my jaw is there anything i can do to solve this i beleve they botched this all up what do you think i should do or what routes to take
You should speak with an attorney to evaluate your case. An expert dental surgeon would have to review your case and dental records to determine whether their was negligence involved. There are strict stautue of limitations in these matters. you should immediately consult with an attorney.
my son was shot at a club in 2001. He recieved a check from the state for 7,000.oo. We did not have a lawyer. I was so overwelmed at the time.
I didn't know that I could have gotten more. I didn't think that my son's injury would be a permanant one, he still can not walk. My question is what is the statue of limatations on this kind of case?
This is a rather complex question. You probably need to consult with a lawyer and provide him or her more information to answer the question. It is not clear what the basis of your son's claim would be, and against whom. It is also not clear why the state paid anything on the claim. The statute of limitations for negligence is generally three years, but the rule applies somewhat differently if the person injured is a minor (i.e. under eighteen). You probably need to consult with a lawyer to obtain a more thorough answer to this question.
There are tons of web sites ripping non-custodial parents that are self employed and "hiding" income. Well, it's not always the non-custodial male parent. How about someone protect us. I have never missed a child support payment although I have been injured in the line of duty in the military. I'm now disabled and only receiving VA benefits. My ex wife, the custodial parent, has a "cash only" business, says it big as day on all her web sites. I believe she has not been honest about her earnings. She didn't want to work a day we were married and I supported her 100%. Who's going to protect me. Why is the law so bent on protecting the poor poor woman that ate able and do make $80.00 an hour according to their web site but claim they don't even make minimum wage. 22 years fighting for my country and getting injured and I have already paid a lawyer over 7000 of money i don't have and "we can't do anything about it" is my answer. If it was me, a man, hiding income I'm sure something would be done about it!!
This is a web site where we answer legal questions. You failed to ask an answerable legal question.
Good Luck
Law Guru
My ex has custody of our daughter on tuesday evenings until thursday mornings and every other saturday evening until sunday evening. Can he refuse to take care of her and use me as his source of "care"? this was an uncontested case. He has agreed to this parenting plan, but she he feels like he is not available on his days, i am responsible. I really dont know what to do.
The only legal solution available to you is to go into court for a modification of the parenting plan to conform to the reality. If you have evidence of the real schedule that is being maintained, it is relatively easy to get that turned into an order. It would also entitle you to a support adjustment. Maybe a legal answer isn't really what your family needs though.
Wife is in a home ( mentally and physically disabled) 6 yrs. How to divorce. No children or assets. State of Florida
You would divorce her the same way you would divorce anyone, just be aware that the judge may appoint a guardian for her to make sure her rights and interests are protected. Normally, the grounds for divorce is that your marriage is irretrievable broken, which basically means you don't want to be married anymore. In your case, you may have the additional ground of mental incompetence.
I would venture to say that a judge will appoint a guardian to protect her interests. Other than that, it is pretty safe to say it would be just like a regular divorce with the exception of the guardian.
Owe back money for assisted living
My mom with dementia has been private pay for adult family home. She has now run out of funds and we are waiting for medicaid paperwork to get thru - there was some delay. We owe 1-1/2 months. I had informed the caretakers I was trying to get funds, but we cannot do any financing at this point- we are strapped. I am moving my mom in with us until medicaid is thru. We approached the caretakers with a financial plan to pay them back with interest, but it would take a couple of years - unless we came into overtime, incometax return, etc which we would pay to them. They pretty much laughed at it. They did not want us to remove my mom until we have this financially agreed upon pay them. We are moving her out this weekend. If we cannot pay them back in the next couple of months as they want, what will happen? Again, we gave them a letter of intent to pay - I know it is due to them, but we have medical bills, etc of our own and don't have the funds. What are our options or theirs? They stated they would be suing us -
Re: Owe back money for assisted living
It is time to get yourselves to an attorney that can help you with SSI/Medicaid/medicare planning.
If your mother is completely out of funds do you have a guardianship set up for her? Do you have a DPOA from before she became incapacitated? Have you been paying for her care out of pocket? Your pocket? Who signed the contract with the facility?
This is planning that should have been in place to pay for her needs before you get into your assets to pay for her.
Please don't hesitate to call for a referral. You are approaching this from the standpoint of you being responsible for paying for her care - which to a certain extent you are not responsible for - and agreements that you have entered into on her behalf and I am not sure you have the authority to do that.
Also, elders with dementia are not collateral for contract payments. Her safety comes first. There is a long-term care ombudsman with DSHS and you might want to give that office a call Monday.
The care provider can make whatever threats they want, but people who are actually filing suits do that, they don't threaten.
Something is wrong here. Hope this helps - Elizabeth Powell
I know california is an at will state but I was recently hired and started training as a GM for a restaurant, the training takes place in another franchise owners restaurant. Same franchase different owners. I was recently fired after training only 1 month into training. Without cause from what I believe was untrue slanderous statements because I called into question several practices that different from the manual I was being trained from. This other company was having massive upheaval of their own and i believe me stating these questions got me fired with no cause.
At will means at will, that means no cause necessary.
Mr. Nelson is right. The only relevance of for cause versus not for cause/no cause is whether you qualify for unemployment.
I just found out my soon to be ex-wife lied to the judge, mediator, and myself for the reason she moved to Fresno, Ca. She told the court she was perusing a job there. In reality she moved up there to be closer to her current boyfriend. Now I would have a problem with it but she took my 3 kids with her and now I have to drive 6 1/2 hours away to be in there lives. Do I have any legal standing to take her back to court in light of what I just found out?
If her move for a new job was the primary reason why the court allowed her to relocate to Fresno, you should return to court on a motion to reconsider the current order and modify it based upon what you just stated in your question. Please meet with an experienced family law attorney to explore your options.
Hi,
I work for company A on a H1b Visa. Company B has offered me a new job and have filed my visa transfer. The ccompany B wants me to start workin as the receipt has been received. I know that it is absolutely fine as many of my friends have done that.
Now the biggest issue is Company A wants me to continue to work as parttime till they find a replacement. I asked the to file a amendemtn in the current H1B visa to change it to partime. They said they will do it. Now I have started working for Company B and also recived my pay for 2 months and I have also been working with Company A as parttime and recived part salary. Today the HR from Comapany A says that we dont have to file the amedment as per the attorneys suggestion.
I scared that this is illegal and could get me into trouble.
If there is a substantial change of conditions of the approved H-1B employment, then the employer is supposed to file an amendment. Such substantial changes include going from full time to part time employment, change of job site, substantial change in salary & change in job duties.
If USCIS issues an RFE for Company B, requesting your current pay stubs with Company A, then there might be a problem. However, if the I-129 with Company B gets approved without incident, then you'll be fine.
You may want to re-consider as to whether or not you want to continue part time employment with Company A, if the I-129 was approved for far more hours than you are actually working.
Hi - If on a recently signed lease, a security deposit check gets bounced. Is it possible to terminate the lease? , there is para #13 in the agreement which i think relates to this and states that
"If defaults be made in the payment of the above rent or any part thereof or in any of the convenants herein contained to be kept by Lessee, it shall be lawful for Lessor at any time at his election, without notice, to declare said term ended ...."
Tenant is willing to transfer the money but it seems high risk if check has bounced
Did they already take possession of the unit? If so you can but now will have to evict. If they have NOT yet moved in then you can terminate without having to evict. So if they have moved in and they are offering to replace the funds, in cash, my recommendation is take the money you can get.
My wife and I are faced with either signing a deed in lieu or foreclosure. The lender originally set a foreclosure date of March 31, 2013, the lender has now
moved the foreclosure date forward to March 18, 2013, if we do not sign the deed in lieu tomorrow March 15. What are my rights and am I entitled by law, to have an attorney examine the deed in lieu before signing.
I did not notice this question was unanswered until today, and I apologize for the delay. (Your question was entered into the lawguru system at a time when lawguru's host computers were reposting answered questions from several years ago.)
The lender has no authority for moving a trustee's sale date up in time at all. This violates the statutory framework governing trustee's sales. You do have the right to have an attorney examine a deed in lieu of foreclosure, along with any other paperwork that you had.
Good-Day , my question is when and why did it become law that a person has to have a P.O.A to get their parent's lab work or any info from a nursing home or hospital when they are 80 and have dementia?
Simple: if a person does not possess legal capacity, meaning soundness of mind, to
make basic decisions such as medical care, another person can make those decisions
through a DPOA or guardianship. Basic legal rights are part of our constitution until we
authorize another person to handle those matters (through a DPOA) or a court decides
that a person lacks legal capacity and appoints a guardian.
On 09/12/13 Judge Foster ordered:
IT IS ORDERED that both parties shall participate in co-parenting classes through Parenting Skills.
Is this the same class I completed and filed a certificate for on 9/30/2011 PEC - Parent Education Certificate?
If so, am I required to take it again?
If so, does an online course comply with Maricopa Superior Family courts requirements?
If not, since the place in Scottsdale given to me at court on 09/12/13 no longer does the class where on the West side (Peoria/Glendale) can I go to comply with this order?
Generally the answer would be no. Co-parenting classes are not the same as the Parent ?Information Program. The classes are listed on the Maricopa Superior Court website.
We do offer free 30 minute consultations where we can discuss the specifics of your case. 623-748-8973.
Best of luck!
Carlie
How can I remove my name off the leasing agreement?
Generally, unless the LL allows it, the answer is, you can not. If there is a REALLY good reason (like you were fraudulently induced to sign, or your name was forged), you can file suit, and hope the reason for unilateral modification of the lease contract is SO good, that the court can and does grant your request.
Hello, I got married to my wife in Pakistan she had a green card at that moment i came to NY USA with her on visit visa. she applied for my immigration papers and as soon as i got a reply from INS that they have received my application, me and my wife got separated and the next day she went to the lawyer and canceled my papers. My question is that should i divorce my wife by Pakistani law or do i have to divorce her according to NY law? we are both agreed on divorce and i am getting married again as soon as i get divorced to a US citizen. I will really appreciate your honest reply and it will solve a major problem for me. Thank you.
You may obtai a divorce here in new york. Consult an attorney.
Can I handle traffic violations from a different state? I have a DUI from 2006 and a driving on revoked in 2008 in the same state. I did not live there either time so it was tough to handle it without losing my job in New Mexico. I need to handle them so I can get my license back. Thanks!
In most cases like this, we can handle the old charges without you losing your job although you will need to travel to Illinois for processing and Court appearances. Depending upon which Courts you have cases, I may be able to help you myself. I have handled hundreds of traffic and criminal cases throughout Illinois since 1980. Feel free to contact me directly.
My 18 yr old daughter received a citation for shoplifting. She is to appear in court in a few weeks. She was not arrested and only received a citation to appear in court. the amount of items that she attempted to steal was under $200. Does she need to have an attorney present in court? Could please explain what I can expect to happen in the court proceeding? This is a first offense.
The maximum sentence for a simple misdemeanor is 30 days in jail, a fine of $625 and a minimum fine of $65. She could also be given probation and ordered to pay restitution. Whether she needs an attorney is entirely her right and its her decision. An attorney could help work out a better resolution than she might otherwise get. If you are uncertain, I'm sure there's an attorney in your area that would be willing to do a free initial consultation to help you decide whether you need an attorney.
If a mutual fund (non-retirement) has been designated as going directly to a church upon my death, do I still need to put it into a living trust to avoid probate.
If the mutual fund investment exceeds a million dollars you might have a problem. Similarly, it will be treated as a gift and your estate might have to pay a gift tax for it if it exceeds I believe $10,000. You need to check with your CPA regarding the gift tax allocation for the year.
Wrong. Gift tax is irrelevant to a POD (pay on death/beneficiary designation). And you never have to pay tax on a gift to a qualified charitable beneficiary.
If the mutual fund is held with a properly constructed pay on death beneficary arrangment, putting it in the trust would actually create rather than avoid problems.
father has no contact over 14 months since order of supervised visits by judge. How can i or who do i contact about terminating his rights due to emotional and mental abuse that this has caused our girls? state of illinois
Except in cases of adoption courts do not terminate parental rights.
Do I have to give my husbands lawyer a form permitting them to obtain my medical records? I live on Michigan.
No. You do not have to give them access to your medical information. However, if you fail to do so, then you will be precluded from using any of your medical information for any purpose at trial.
I have a stip award that was signed by the judge for my mileage and it has been passed the 30 days what can I do now to get paid what is due to me.
A Petition for Penalties for willful failure to pay a judge's order timely.
Most attorneys don't even know how to do one of these effectively, so don't feel bad if you don't figure out how to do this.
If there a dollar amount in the order, or does the order just say 'pay mileage'? If all it says is to pay mileage without a dollar amount, perhaps the adjuster still needs the mileage request forms and your written demand for the exact dollar amount you expect to receive.
I'd strongly suggest you use the Div. of INdustrial Relations/Workers Comp website form for mileage requests, here's the link: http://www.dir.ca.gov/dwc/I&A_mileageFormJuly2011.pdf
HERE's A WAY TO GET THE ADJUSTER WORRIED! it won't get you money, but it might get the adjuster audited and in big trouble for blowing off a judge's order... REQUEST THE AUDIT UNIT audit this insurer's files! here's the link for an Audit Request: http://www.dir.ca.gov/dwc/Auditref.pdf
Why you did this without a lawyer is a complete mystery. reconsider your decision to represent yourself, because clearly, it isn' working out well.
my husband got a DUI a year ago and has not started court ordered treatment. what will happen if he doesnt start it? will they put out a warrant for his arrest? when?
Yes. Any time now. Get a lawyer for him right away.
(651) 994-6744
[email protected]/* */
www.siebenedmunds.com
Yes.. He could face a probation violation where they would may seek to execute jail time that was previously stayed.
how long can police hold something as evidence without charges
Forever, unless and until you seek and obtain a court order for return.
The court may be reluctant to return the property until after the statute of limitations passes.
i have a contract to be the security for a condo in queens, i am self employed. the broad there went behind my back and now told me they hires gold shield to do it. i have a few months left on the contract, can they break it and can i get them to pay me the rest of the monies from the contract ?
To fully answer this question the contract needs to be reviewed to see whether the board has the right to terminate the contract or whether the contract was possibly breached. Depending on the amount of money in controversy, you should consider hiring an attorney to do the review and then contact the board. Otherwise, you can file a law suit in small claims court.
Roman R. Fichman, Esq.
www.TheLegalist.com │ @TheLegalist
email: Info (at) TheLegalist (dot) com
t e l : 2 1 2 -- 3 3 7 -- 9 8 3 7
Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.
Dissolving of partnership
Last October, my business partner and I (we owned an S corporation) decided to dissolve our partnership. The paperwork has yet to be signed (I am 40% owner, he 60%). There is a dispute over the money we made together, for which I've hired a lawyer to help us resolve. However, in the meantime, my partner closed our bank account and moved all the money elsewhere, to an account to which I have no access! What is my recourse? My lawyer has said that this is not illegal, and my only recourse is to sue, which could take up to two years. I think this is just plain stealing! My ex-partner is beig very difficult. What can I do? Please help -- I'm trying to get a second opinion here. Thank you.
: Dissolving of partnership
One of the options that you have is to seek after filing suit an order attaching the proceeds, and a stand-still order on the use of the proceeds.
While the ultimate remedy may take some time, the action may stop your share-holder/partner over the short-run.
If you need such assistance, contact me.
Re: Dissolving of partnership
First, you do not have a partnership, you are a minority shareholder in a corporation.
Second, assuming the company is liquidating, the controlling shareholder, who I presume is President of the company must account for the funds taken from the Corporate account.
You can file suit and ask that a receiver be appointed or you can file suit and ask that the corporate funds be restored to a company account and that signature of both of you be required to make payments. There is no guarantee you will win absent a clear indication of such a requirement in the corporate by-laws or resolution.
In the end it is a matter of cost. It is also a matter of what your shareholder agreements, by-laws and corporate resolutions say. If you hired an attorney to mediate between you both, then he can't represent either of you. If he is your attorney, I would have to defer to his judgment as he is more familiar with the facts of the matter.
Without more information, it is difficult to know what to advise. If your "partner" simply opened a new account for the corporation with him as sole signatory, baring a corporate resolution to the contrary there is not much you can do. However, if he placed the funds in a personal account in his name that probably is prohibited unless there is a valid reason for same.
Good Luck.
Re: Dissolving of partnership
Your lawyer should have asked and determined whether your partner's asset diversion was done to evade liability to you during the dissolution, in violation of the Fraudulent Conveyence Act. Sounds like it to me. While a civil suit might be necessary to un-do the transfers as fraudulent conveyences, your lawyer could probably obtain an immediate injunction freezing the partner's assets, preventing him from making further divestitures, and ordering the fraudulent conveyences un-done so you have access to the assets.
Since your partner appears to have blatently violated his fiduciary duties of utmost good faith and loyalty to you, you would qualify for obtaining 2 or even 3 times your actual damages, plus the recovery of your attorneys' fees for your troubles. With that kind of fire-power available to you, I question why your lawyer is saying there is nothing you can do.
Freezing assets and unravelling fraudulent conveyences is complicated legal work and labor intensive; lots of lawyers either don't know how to go about it, or don't have the time. I have been down the road more times than I can count; and I make time for client emergencies like this appears to be. Once the money is gone, usually its gone. I consider that an emergency. You have tremendous leverage available to you. Let me know if you want to use it.
I sent the papers back to my wife with changes. She has been sitting in them for 5 months. My lawyer said there is nothing we can do to hurry the divorce. Is my lawyer telling me the truth, is there nothing that can be done to hurry this divorce?
Sure, you could file a cross-claim in the divorce matter.
If you have grounds for divorce, you can file and try to accellerate the process. But you must have been separated for more than one year (or be able to prove adultery) to get a final divorce. If you are able to prove desertion or cruelty, you can file before th one year period, but the final divorce cannot be granted until after a year's separation. If you can prove adultery, there is no one-year separation requirement.
i live in nj. should i be responsible to pay half of my childs after school activities if the other parent signed the child up without my consent? No where in the consent order does it state for after school activities, only school related stuff.
If it is not addressed in the Property Settlement Agreement or Final Judgment of Divorce, the general rule is that the parent of primary residence would be responsible for these costs.
Keep in mind that this answer is given based on the scanty information you have provided. My answer may change based on other information. Further, you cannot rely on this answer since you have not retained me as your attorney. To be sure that you have accurate information and direction, you should consult with an attorney. Good luck. Rob Gleaner
I was personally attacked by a student after I pushed her out of personal space. I felt threathen and of bodily harm due to her aggressive behavior and attitude. She rebounded and charged me and I defending myself. Then a male friend came running at us and attacked me as well. I was in a tussule with the both students until some on lookers got us separated. I was holding two bags the entire time. The district took the position I should have just walk away and let the student have her day bully and disrepecting me as her teacher and coach. I was told my perception of the male students attacking me was wrong he was trying to protect his friend from my attack and trying to break us up but maybe threw a bunch before separated us. All lies. witnesses share the truth. Students suspended for 4 days back at school. I was ask to resign or be terminated. I feel my rights were violated and safety was put at risk. If they had a weapon or if no was there to stop them. I have the right to defend and protect myself. kids back at school playing sports. I am on leave of absence awaiting how they plan to get rid of me. I am not tenured. I want justice for dragging my name down and the possiblility of not being able to teach again and the personal unprofessional approach directed towards me at the district meeting. Intimidated and in correct information being used by the investigation officer and HR director. What rights do I have and what type of lawyer do I need to fight for my rights and other teachers thrown under the bus to cover their butts?
Was this investigated by the police? From what you have related, I doubt that there would be sufficient evidence to support a criminal charge of battery or assault. Has the student brought a civil complaint for battery or assault? I would doubt that they would because the student himself may have threatened harm (assault). So, given this, what has the district charged you with? Who is the investigation officer and HR director--and is this the proper role for a HR person? Where are you located in California? It soundls like you teach high school. In my experience the involvement of a lawyer tends to make these school administrators reconsider.
I was orderd to pay for child support for a child that I have never seen. This came from a judgment in which was by default because I didn't show up to court 18 yrs ago. the child is now 18 and graduated high school but they are still garnishing my wages. Along with a large amount of arrears. what do I do? how do I get them to stop garnishing my wages? a couple yrs ago when I was going to court to try to get some kind of visitation and a reduce amount, one of the ladies from the court house (I believe she actually worked in the offices of my case workers. I am not sure but I can't help but feel like I was tricked into filling out a bunch of forms inwhich I was told was to reduce my arrears amount by a great deal, but I feel like it was their way of finding out my income status) Are there such forms that will reduce the amount of back pay/arrears after the child has turned 18 and is no longer in high school?
Hire a lawyer. You are WAY over your head.
If an Unlawful detainer case is thrown out and the case becomes a regular suit for damages, can I still use the same defense I was planning to use in my unlawful detainer. I am the defendant. The sort of defenses I'm talking about is (Rent on three days notice is seriously off, rent control violations, three days notice never served, and the others.) Will this stand up if the unlawful detainer becomes a regular suit?
The defense that the amount of rent stated in the three day notice to quit is a complete defense to an unlawful detainer proceeding seeking possession of the premises. With respect to a lawsuit for unpaid rent, however, the three day pay or quit becomes irrelevant, and the court would award the amount of unpaid rent it found to be due and owing. It would not be a complete affirmative defense. The three days never served is also not a defense to a separate lawsuit for unpaid rent, because the lawsuit would seek damages, and not possession.
You are going to have to be more specific regarding the rent control violations, as those may offset the claim for damages.
Do my 14 year old daughter and I have to leave our residence of 12 years just because here mother has rented the house the the illegal immigrant landscapers who work for her? We are not married and she is not a is citizen, but she does own th house. She gave us 4 days to get out and has a free place to stay for herself and our daughter but not me. Our daughter is staying with me up in her room which is locked from the rest of the house.
She would have to file eviction proceedings to get you out. You would then have an opportunity to speak to the court about what she is doing.
What rights dose a man have if he did not marry the mother of his childern,even if he is on the birth cert.From what we have been told in Ga, he has to prove
himself to the court to get vistation rights if the mom refuses.
He has to pay child support.
He has no other rights whatsoever unless he legitimizes the child AND seeks visitation or custody rights in court. For that he should obtain experienced legal counsel.
My father just passed away and I will be selling his house. He has been in a nursing home for 4 years and Medicaid will likely file a claim when the estate goes into probate. Is there a point when Medicaid can no longer file a claim? Would it benefit me to wait to sell the house? His house is in Florida.
If he is a Florida resident, the homestead is exempt. However, there may be some complications depending upon the circumstances.
If an elderly lady enters a nursing home and has a grown grandson in the home, ( this is his only home) will the home be sold out from under him?
If the grandson is not disabled and the grandmother needs to apply for Medicaid it is possible that to qualify her for Medicaid the house will need to be listed for sale.
I would suggest talking to an attorney experienced in elder law as soon as possible.
I would like to start a website that will allow others to post. How do I protect myself from criminal or civil liability resulting from what others have posted on my site?
As a generalization, as long as a site owner/publisher doesn't control, doesn't editorialize user posts and/or promptly blocks access to allegedly copyright infringing materials the website is protected to some extent under the safe harbor provisions of the DMCA. Another way to protect is by posting a strongly worded terms of use and privacy policies on your website.
The Electronic Frontier Foundation has some resources that could help you learn more about this and you should also consider consulting an attorney who would be able to guide you through the intricacies of the DMCA.
Roman R. Fichman, Esq.
www.TheLegalist.com │ @TheLegalist
email: Info (@) TheLegalist (dot) com
t e l : 2 1 2 -- 3 3 7 -- 9 8 3 7
Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.
I have a misdemeanor warrant for violation of probation for testing positive for alcohol. Can I be extradited from Hillsborough county to Charlotte county - both in Florida if I have contacontact with law enforcement?
If you have violated probation and the county of jurisdiction issues a warrant, you can be arrested in the county you live in and held for extradition. The issue you have in getting arrested in a different county than you are currently on probation in is that that county could "hold" you until the warrant issuing county comes to get you to answer to the charge.
If you get pulled over while driving and the officer runs a warrants check, you will likely get taken in. If you'd like to talk further you can contact me at 727-771-3847.
somebody at work told the supervisor that I was going to shoot somebody with a gun. Both my supervisor and the NOC director talked to me about but they did not say who the person is. So far they have interviewed several employees on my shift and nobody has confirmed this LIE about me. What recourse do I have against the person who told the lie and my employer?
Based on what you said so far, you have no recourse. To have recourse, you must be harmed in some way. So far, you have explained that someone told a lie about you and that the company is investigating. In fact, the company would be negligent if they did not investigate such claims. You have to have adverse action taken against you before you would have any potential causes of action.
Can an employer ask for a commitment from a salaried employee to repair his teeth if he wants to get a promotion. The same promotion the employee has already been interviewed for.
Sure.
Bad teeth is not a protected category under the discrimination laws.
Appearance is something employers can set standards for.
how do I sue my employer-based health insurance company-blue cross of florida, for denying me a doctor prescribed thoracic mri, instead telling me to get physical therapy?
That's a federal (ERISA) type claim in which you would need to find qualified counsel.
My brother is out with a workman comp settlement in the work. He has no were to live and can not get ahold of his lawer. He is in s.california while the rest of his family and emotional support system is in idaho. If he moves will that negatively affect his situation or can they move his appointments and switch his legal aid to professionals here?
He can get treatment outside California. However, the physician will have to follow California rules and regulations regarding treatment, and most importantly will not be able to bill over the Official Medical Fee Schedule for comp payments and this will make it exceptionally hard to find an out of state physician who will accept treatment.
Feel free to call us at 213.388.7070 for a free consultation.
Will Bankruptcy Chapter 7 stop garnishing of my Social Security Disability Check? My house was foreclosed and sold for $50,000. I t was valued at $94,000. Now the department of treasury garnishes my check. The house came of of my credit in January 2012.
You probably had some kind of government-backed loan. The answer (probably) is NO, bankruptcy would not discharge the debt.
The actual answer is probably yes, it is dischargeable. Just because it is government backed does not mean it is not dischargeable. There are a few exceptions but this does not sound like one.
Thanks
Greg Wiley
Hello, my step-daughter who's only 16 got pulled over in her vehicle while we were out of town, we live in KY. SHe had a friend with her who's only 15 and had a pipe in the truck with her. Though they towed the truck and and haven't searched it yet to my knowledge. Can they search it w/o a warrant since it's been towed? Will she get paraphernalia charges? She also only had a permit, no insurance, or registration. Plus they were out past curfew! What charges may she face?! What about her friend? Or me?
A recent Supreme Court decision says no, they cannot search the vehicle subsequent to a traffic stop that results in an arrest, except under certain circumstances. They would need a search warrant and for that, they would need probable cause to get a warrant.
They could charge her with driving without a license, with no insurance, and for violating a local curfew ordinance (if there is one). She'll get some steep fines and maybe some probation time. And she probably won't be getting her license any time soon. Or they might let her off with diversion. That's up to the county attorney.
Hi! I just moved out of my apt and got a letter stating there was damage to the appliance (a dent) and I will now owe $150 to replace it. I dont recall signing a move in checklist with the property manager, but I did send them an e-mail (through their fancy contact and maintenace portal) on my move in date that stated the damage was there when I moved in and i needed to add the damage to my move in file. This email I sent to the manager automatically generates a system email through the property that gave me confirmation that they received it. The property addressed the issue via phone, saying that they will add this to my file, so I have no paper trail beyond the initial confirmation email showing that I had notified the management of the damage at the time of move in. The date and nature of the damage were on the email. Now - they are trying to say the email "had an error" and I'm still liable. Is this true? I DID receive a confirmation from the system that generates the request. Am I legally entitled to pay that damage to them if I notified them of damage at move in and have proof of the contact I made with them about it?
Provided you still have the email documenting that you reported the damage at move-in, you have a good chance of prevailing in court.
My father recently passed and while there is a will, it has never been read or even acknowledged. My sister and brother took my mother, who has dementia, and all the proceeds of the estate(they claim it will all go to Mom's care). They have effectively cut me out of all proceedings and I haven't been able to speak to my mother in three months. They sold all the property, except my father's car, which my brother claimed. I know my father told me that we were all treated equally in his will. Is it possible for them to settle the estate without the will being read? Can they cut me out like this?
There is only a reading of the will in the movies. After someone dies, if there is a will, then the person named in the will as the executor takes the will to the court to file. If there are probate assets, then the executor seeks to administer the estate and applies for probate.
And I am puzzled - you claim your father died recently but then claim all of the assets have been sold. How can that be? What is recently? 2 weeks? 3 months? This is inconsistent.
You do not indicate what your father owned, how it was titled or whether your father had probate assets or not. If land was jointly owned by your parents, the land would pass outside of probate to your mother. Same for a joint checking account between owned by your mother and father. What other assets are there? What would a will say if there was a will? Your father may have advised he would treat the children fairly, but the will could have left everything to the wife and the children would inherit only after she died.
If a will exists, if it has not been filed, the executor can be compelled to produce the will. It is a crime to conceal or destroy a will. I would first check with the probate court (called the Orphans' Court if this is in PA) in the county where your father lived at prior to his death. I would see if there is an estate file and make a copy of the entire file. If land was owned, I would get a copy of the deed to the land.
I would then consult with a probate attorney who practices in the county where the estate is or would be probated. If there is no estate file, then hire the attorney to compel production of the will and get a restraining order to preclude your siblings from disposing of assets. What they have done, without probating a will, is improper and they can be held personally liable if they have disposed of assets without probate if there are probate assets.
If Overtime is already worked, can an employer refuse to pay it?
No. Feel free to contact me or visit my website for further information. overtimelaw.com
702-383-6085
Leon Greenberg, Esq.
No. You can get free assistance with the issue by visiting the Office of the Labor Commissioner at 555 E. Washington Ave., Ste. 4100. Go in person, and you should see results immediately. Also, your employer cannot retaliate against you for going to the Commissioner. If your employer does, then go back to the Commissioner's office, and the office will set things straight.
My child is 18. He graduates high-school in May. He lives with his father, and I pay him child support. My son has given me two scenarios as to his plans after graduation:
1. He says he is going to move in with a friend's parents while attending college. If this happens, can I terminate support to dad? If not, can I pay my son directly, and what kind of form would I use? Would the friend's parents be entitled to support from me and/or my son's father?
2. Ideally, he wants to share an apartment and living expenses with a friend while attending college. Would he be considered emancipated by doing this?
Also, my court order excludes college expenses. Neither his father nor I are responsible for his education. Does that include child support while he is in college?
Attendance as full time college student (even if they get their own aprtment) is not deemed emancipation for purposes of chidl support. If he starts workign ull time and only taking a class here of ther, you may be succcessful terminating yoru support obligation. As to the Order not requiring college expenses, the Order probalby only relates to one spouse reimbursing the other. If your Son applies for federal finacial aid, your asets may also be taken into account, in order to determine his eligibility for loans and grants.
You were not able to provide acopy of your Support Order through this forum, and the response is general, abased upon yoru general query. You may need specific advice. Perhaps you should call the attorney that represnted you when the order was issued or last modified. It may save you money in getting advice specific to your situation.
Good luck
Is there a California statute that addresses the legality of directing a contractor to work without required city permits? A licensed contractor is answerable to the CSLB in such a case, but is there any potential penalty for the hiring party?
(I recall reading such a statute, but can't find it now. The case involves a contractor who was directed to and agreed skip obtaining permits for expediency reasons.)
I have never heard of such a statute, which doesn't mean it doesn't exist, but I doubt it does. The fact that the permitting authority for their location has the power to order the unpermitted work to be torn out and redone, or just destroyed with no right to rebuild it, combined with the fact that the unpermitted work must be disclosed to any subsequent purchasers (reducing the property value) or the buyer can sue for non-disclosure, are all generally considered to be sufficient penalties for ordering unpermitted work.
Is it legal in Illinois to post not sufficient fund checks in a business where customers can see them?
Yes. Also it is not legal to issue a check knowing there are not sufficient funds to cover the check. Over $300 is a felony.
The check writer may also be liable for three times the amount of the check plus court costs and attorneys fees
I am a tenant that has let my landlord know about an ongoing situation with another one of his tenants. The other tenant was harrasing, stalking, threated my life and my husband and he is aggresive, I had to get a restraning order and when he was served he phycially hit the one that served him after everything I no longer felt safe and the landlord did nothing about the other tenant. Can I use civil code 1942 as an uninhabitable unit due to nuisance that endangers my health, life, and safety and move out without being fined with money since landlord did nothing to fix the issue
No, that is not a habitability issue. You may, however, have grounds to terminate the lease for violation of the implied covenant of quiet enjoyment. You should contact a local tenants rights group in your area.
Habitability refers to the condition of the unit, not something outside of it [if your reserved parking space was made unusable, that also would not be an issue of habitability]. Also, what could the landlord have done? There might be grounds for a three day notice for committing a crime, but the tenant would deny the allegation and could delay any eviction, if one would occur, for 3-4 months.
After speaking to a a tenant rights group, politely speak to the landlord to see what can be worked out.
About 5 to 6 months ago I was arrested for criminal possession of stolen property in the 3rd degree so I had a class E felony which was dropped to a class A misdemeanor. I was sentenced to have 3 year's of probation which im currently on. I recently had police contact, I was getting a ride home from a friend and he got pulled over and the cop searched them and when he got to me I didn't have ANYTHING Illegal on me and I was given an appearance ticket. when the cop searched the car he found a bag of pot and a bottle with barely any achohol in it, I wasn't drinking or smoking the bottle wasn't mine and the pot wasn't either. my question is, if none of that was mine and I was let go with an appearance ticket will my charges from my past crime come back up or will it be thrown out because honestly I don't think I should get introuble for something I had nothing to do with I was only getting a ride home.
What were you charged with? The automobile presumption does not apply to marijuana. You need a good criminal defense lawyer. Feel free to check out my web site and contact me.
I was involved in an automobile accident on May 20 of 2010 in which the other party was at fault striking me on the left side of my vehicle. The police accident report states that I did not contribute to the accident in any way. The other party was the sole contributor. I received injuries to my left ankle, elbow, neck,and back. My medical bills are over $25,000.
Is it to late to file a claim for my Injuries? Is there any attorney that you know of that might be willing to take my case since so much time has passed?
Thank you!
No it is not too late but you need to hurry. I suggest that you ask you medical care providers for copies of your bills and medical records. There should be plenty of attorneys in the Myrtle Beach area that would help you out but if you cannot find one send me an email at [email protected]/* */
South Carolina has a Three (3) year Statute of Limitations. The only exception is if the lawsuit is against a government agency, in which it is two years.
I'm happy answering any other questions. The Statute of Limitations can be stopped by an attorney filing the appropriate documents at the court, which can be done very quickly. My office is in your location; Surfside Beach.
You are welcome to call.
Robert J. Johnston, Attorney
Myrtle Beach, SC
[email protected]/* */
843-946-0099
I sent you an answer yesterday. After thinking about it, you can call me today (Sunday). You really should. You stand to lose a lot if immediate action isn't taken. Call me at 843-946-0099. Robert J. Johnston
Me ,my husband and my two kids are living in U.S.
We are green card holders here.
We completed 13 years of marriage in September. I am not happy with my husband from the beginning but every time I am giving him a new chance.We are having lots of fights in every month. He apologizes every time and says that he will not going to do it again. He hides things from me,lies at me.
This time he went to India for a trip and after coming back to U.S. I found condoms in his luggage. At first he did not accept it that he took this with him but next day he accepted that he took condoms from here but he did not use them. I am deeply hurt with this action of him and I do not rely on him .
I hate him now and do not want to live with him. What legal action can I take?
Tegpreet Gandhi
Wait another month, then seek a consultation with a local
attorney in your area who handles Virginia domestic relations matters (would be
my advice).
Can criminal charges be pressed against a family memeber which possibly blackmail or pursuaded and elderly ill family member in some way to sign a power of attorney?
Most unlikely (even in light of my ill-considered opinion--without, of course,
even knowing more of the relevant facts in the matter).
Land/Property Question: let's say that 4 people share land/property and all 4 names of the individuals are on the deed. They each made a verbal agreement that noone would force the others to buyout. But time passes and one of the owners decides that they are unable to afford their share of the property taxes as well as funding for property maintenance. That owner wishes to relinquish their ownership of the property and recoup any investments they had made in the property. What recourse do they have?
Anytime I read any thing about a real property deal with a verbal side agreement, I immediately turn and walk away.
If the facts show that the four owners are in a partnership, and they may well be, whether they think of it as such or not, then the oral agreement regarding continuing co-ownership (or whatever) very will might be an enforceable oral partnership agreement (or part of one). Not all co-ownership of real property results in a partnership, of course, but when four adults are on title to one parcel of real estate, there's often a strong possibility that they are conducting a rental or investment partnership, whether they've used the term to describe their business relationship or not. Consequently, the situation may not be governed by the general rule that agreements respecting ownership of real property must be in writing. My advice would be to try to negotiate some kind of an exit arrangement acceptable to all, and reduce it to writing. Avoid litigating this issue, if possible. It's not possible to predict a winner (from the given facts) if this were to go to litigation.
I have a bench warrant for violating parole / probation in Washington State. I now live in San Diego and I have a family member who is in trouble with the law - can I visit them or will I be detained on the out-of-state warrant? The charge that resulted in me being on parole/probation was fairly serious - VUCSA Trafficking of Narcotics and Criminal Conspiracy. However the violation that resulted in the warrant is for something minor - not keeping up with my fine payments. What is the likelihood that this would be found? If so, what is the likelihood that I would actually be arrested and extradited back to Seattle?
I think extradition is unlikely unless the new crime was more major, like a felony ...but extradition procedures can vary among jurisdictions. Maybe some other attorney on this site is more familiar with Washington-California protocol. Good luck!
The Landlord is in the process of selling their house. Is it legal for the Landlord to give their Tenant seven days to move out?
Assuming this is a normal landlord-tenant situation, your landlord must give to at least 30 days' notice.
If there has been a foreclosure (and your landlord is the bank) there are some different rules but 7 days' notice is not enough.
If he attempts to threaten you or forcefully move you out, you will have a claim against the landlord for damages.
Call me at (888) 487-6150 if I can help.
Is it possible to return items at a store that has a no return policy?
Probably not especially if is posted where you could see it at the time of purchase
in Massachusetts Family & Probate court regarding the resignation of a guardian, what is an assent form and what is the form number so I can print one from the website.
If you go to the website and click on forms. Scroll down to the guardian forms. The Form you want should be there. If not then, call the court or go into the court and speak to the Lawyer for the day.
My 15 yr old nephew is being accused of molesting his sister which is 4 yrs old
his mother claims he took her panties off of her. What kind of charges could he face?
Child molesting, sexual battery, or battery based upon the different facts contained in your post. These would initially at least be in the juvenile court.
A variety of charges could be filed, depending on the exact facts and whether the nephew is charged as an adult or as a minor. You had best consult with a knowledgeable criminal law attorney in your area, and provide him with all of the details.
I am currently 6 months pregnant. I was neither married at the time of conception nor am I now. I believe I know who the father is and want him to pay child support. He has already mentioned a DNA test to prove whether he is the father. I am also on Medicaid right now.
Questions: Will I have to pay for the DNA test if he denies the child? Do I need a lawyer to get child support? Will Medicaid help me with both of these issues?
Once the child is born, you may report the name of the man that you beleive is the father for pursposes of the birth certificate. If you are worng, you may make it harder for you to get teh real father ordered to pay support. But, a paternity test may be necessary if the presumed father denies he is the Dad. If you are on Medicaid, the state will want to know the who the father is in order to add the child. If you are indignet (poor) then the county or state may pay for the paternity test. If you sue a rfather for chidl support in civil court, he may pay for the paternity test to prove he is not the father. You may go to teh circuit court for the county where you live. Most have sopecific office to assist with support and visitation issues. They may help you fill out forms to get the ball rolling. You might want to start this process before yrou due date.
I assume you understnd that seekign support means ther emay be a visitation order too. You are not guaranteed to even get custody of the child.If he is in a better financial position, he may get custody and you will have to pay child support to him. That is another reason for you to take very godo care of your and yoru unborn child's health. Don't smoke drink, take drugs or anything else that may be later used to paint you as an unfit mother.
Good luck
I have been refused to take any time off from beginning of Oct to Mid Nov. I am on salary, no set work hours. Is this legal that my supervisors expect me to work 45 days straight and do not allow for any time off? I work in California.
Is this legal?
Yes, as long as you are properly classified as salaried exempt, such as managers, you can be worked as long as they require, and without any overtime pay. That's what you get paid the big bucks for, right? :)
It is your choice whether you accept such job, or stay in such job. I probably wouldn't unless the pay was spectacular. If you quit, you would be disqualified from unemployment benefits, so have a new job lined up before you do.
My daughter had a fight in school and the parents of the young lady she fought pressed charges. My daughter is now being charged with Aggravated Battery which i know is a felony, She has never been in any type of trouble and is headed to college. she is 17 years old and if found guilty how much time will she be facing ? I really am hoping for probation but i am so nervous i don't know what to do.
More information is required to properly answer your question. Did they charge her as an adult or did the case remain in juvenile court? What were the nature of the other child's injuries? Was a weapon involved? What county was the fight in? Is there any video of the fight?
The range of possibilities vary greatly between adult & juvenile court & will turn largely on the specific facts & circumstances of her case. I suggest you speak with an experienced criminal defense lawyer regarding her case.
I agree with Mr. Ladan. You need to consult with a criminal defense lawyer at once to go over your options as there is not enough information to answer your questions.
Good luck,
www.BlakeDorstenLaw.com
I am a partner in a firm that is applying for the L-1 visa. I will be the beneficiary of the I-129 visa.
On the uscis website it says":
"If the beneficiary is an owner or major stockholder of the company, the petition must be accompanied by evidence that the beneficiary's services are to be used for a temporary period and evidence that the beneficiary will be transferred to an assignment abroad upon the completion of the temporary services in the United States".
In light of the above, it seems more favourable that the beneficiary SHOULD NOT be the owner or major stockholder.
Currently I own 49 % share and my other two partners own 49 % and 2 % each.
In this situation am I established as owner or major stockholder or not ?
Also how about if I own 50 %, and the other two have 49 % and 1 % each ?
Thanks
I ask this because we are in the midst of making some amendments to your shareholding structure, so any decision we make would be in view of the above L-1 visa requirement.
Thanks
You would be considered the majority shareholder. You would also probably be considered an owner. If you have any other questions please contact us at (248) 619-0065. We would be happy to assist you with any further questions.
It appears that you are applying for L-1A visa in an executive position. You definetely need expert advice before you move forward. Please call our office for the same.
if a wife cheats does she automatically lose custody of children in the state of virginia?
No, such conduct is not in and of itself a reason sufficient for a court to deem
a cheating wife (or husband for that matter) an unfit parent for purposes of custody.
my girlfriend/fiance became pregnant after a doctor confirmed she was pregnant she told me she didnt want a dad just another baby she said she doesnt want child support and wasnt going to tell welfare who the dad was and that she just wants me to walk away i am already a single dad of 2 kids that i have sole custody of i want to be a father to the new child it is still unborn is there anything i can do in california to start the ball rolling?
Three things. First, make no commitments until you are certain that the unborn child is actually your son or daughter. Second, the young woman does not fully understand the new rules of the CalWorks system. (a) If she has been receiving welfare assistance (cash aid) for more than 9 months, she will not get additional benefits from the Cal Works program. (b) CalWorks has a time limit for adults so sooner than she may expect, your girl friend will need to make some decisions about her family resources and income. (c) She must co-operate with child support enforcement authorities even for an child who will not receive assistance.
So, recommendation #3: you need to consult with a family law attorney as soon as possible. It may be possible to get an order for a paternity test to be taken once the baby is born. If the results indicate that you are the father, you should make certain that you are identified as the father on the child's birth certificate. You should also file for joint legal and physical custody.
You should also contact your local legal aid program or a welfare rights advocacy program. Good luck.
My landlord kept all of my security deposit sighting several repaires. Sixty days after I moved out and after several e-mails back and fourth that stated he was only waiting on the last water bill (billed in his name), he then deducts for water as agreed but also deducted for a broken a/c filter, a replaced exterior door (that I photographed today and it has NOT been replaced), a replaced interior door (there was damage, about 1" x 10" piece of laminate came off), a plumbing bill from four months before I moved out. He stated that he didn't know I had dogs and the clog was caused by them (dogs were specified in the lease). He also stated that the plumber told him multiple people were living in the house (my parents were visiting from 6 hours away at the time where my father has his own business and owns a home) and that caused the clog. The rental is in Louisiana. The landlord lives in New Jersey.
You could file a small claims suit to recover some of your deposit. The Lear was signed in Louisiana and the property is here so the suit would be file here. However, it would probably cost more to litigate than you can anticipate being returned.
What exactly can a spouse do when their spouse goes to an online dating/social networking site and claims their spouse is dead in order to try to have (scam) members of the website to give them money ? The initial comment made on the site states "my hubby died an i have 2 kids an one on the way an i need $ no BS"......a later comment states "my hubby died an i have 3 kids an i need $ no BS"
You are not the victim of this scam so you cannot press criminal charges but maybe you can alert the authorities. The only people on these sites anyway are law enforcement so sooner or later your spouse is going to run afoul of the law.
Your other option is to get a divorce. Why do you want to stay married to a creep like this? If you still do, then have this person get help NOW.
I have 4 Warrants for driving on a suspended license and one of the cities had me on probation which of course is in violation.. Have not been in trouble or driving since 09"....just wondering if there is some way I could take care of them all at once with out it resulting in anymore jail time; or if it would be more successful orchestrated by a professional?
Attorney John English has coordinated cases that are far more complex than this one. I'd phone him on Monday at 1 866-766-5245. John handles cases only in the lower peninsula of Michigan.
I routinely handle these matters you may contact me on my alternate number to discuss. In regard to should you "orchestrate" your cases ... you can take out your own appendix but a doctor would have much better results wouldn't you agree?
You almost always need legal representation for any type of criminal charge. You especially need legal representation if you pick up a new charge while on probation. Jail is a strong likelihood in at least one of the matters. Contact an experienced criminal defense attorney in your area as soon as possible.
I got a ticket for not obeying a highway sign. What is impact to my license ?
Unless you already have 9 or so demerit points accumulated against your license and receive an additional 3 more upon conviction for this particular charge, probably, little or nothing at all.
What is the standard fee for a personal injury claim in Texas?
Most personal injury work is done on a contingency basis. That is the attorneys get a percentage (usually 33.33% or 1/3) of the money recovered plus the costs they spend on a case. There are variations on that.
Mr. Taradji is correct. If an attorney takes your claim on contingency, you should owe him or her no upfront fees.
Rita Hall has kidney failure and is forced to be on dialysis three times a week. She is a financial analyst for Bull and Bear. She is asking for three afternoons off. Rita is offering to work late two days and on Saturdays to make up the time. She does not believe this will adversely affect her duties. Bull and Bear refuses, claiming it is disruptive to the work environment. How would you advise Rita to proceed?
By consulting with counsel.
Someone should do their own homework.
I have been living in an apartment with black mold, when i brought up the black mold to the landlord they evicted immediately. is there anyway i can fight this and get my eviction dropped because of the fact i have been living in black mold for a few months.
Texas Property Code Section 92 gives you certain rights and the ability to go to Court if the landlord retailiates to a complaint about unsafe or unliveable conditions in the apartment. I'd suggest talking to a lawyer in your area.
Can I bring my 16 year old son to visit a loved one in a state prison without his father using it against me to try to get custody of my son? I live in AZ and have a standard joint-legal custody agreement. My son lives with me and his father lives in another state.
While there is no way of knowing whether father might try to use anything "against you" to try to wrest away primary custody of your son, I doubt that visiting a loved one in prison constitutes child abuse. The court would likely see it that way as well, especially since your son is rather mature (16 yrs old, as you say). Best of luck!
From a legal perspective, I don't see any reason to be worried about taking your son to see someone in prison unless, for example, you or your son were a victim of the crime for which the person was imprisoned. I also think you need to consider whether the visit is in your child's best interests. You did not indicate whether the "loved one" is a relative or a family friend or someone the child has ever even met, so as long as you are not acting in a way that is contrary to your child's best interests, you should not have a problem with the father even if he does try to use this against you.
Where do you classify physical and psychological torture? How do you calculate damage from emotional distress and pain?
These are not issues for laypersons to wrestle with but require the experience
and expertise of an attorney who handles personal injury matters and, ideally,
one who has had experience with the kind of claim to which your question appears connected (apparently the Intentional Infliction of Emotional Distress).
is my ex entitled to reimbursement for child support he paid while on workers comp.
No. He would have needed to seek a reduction in his child support payments for change of circumstance. Only a court can reduce his support payments unless you agree to a reduction in writing.
Generally No. He must file a complaint for modification to adjust the amount.
My husband was in a MVA about a month ago, the person that hit him did not have insurance. She was on the job delivering newspaper for the Springfield newsleader. When we contacted the newsleader they told us that those people are self-contracted and they just have to show proof of insurance at the time they sign the contract, but they can't do anything about it if that person lets it lapse? My question is, even if they are self-contracted, wouldn't there be some way that the news leader would still have some responsibility?
It is difficult to address all of your questions via this post. Depending on the arrangements with the other driver and the Newsleader; however, you do appear to have a claim for your injuries. I would be glad to discuss it with you further. You can reach our office at 417-887-3010.
it is possible that the news leader is not liable however i would need to have more facts concerning the relationship between the driver and the paper to provide an informed opinion. you may call 889-4400 if you wish to discuss.
You should address your damages with your insurer too. You may be covered. If the other driver was cited for the accident, your husband should ask the prosecutor to make restitution a condition of any plea deal.
Good luck
I dissolved a business over a year ago, am I personally responsible for any past debt owed by the business?
It would depend on the type of debt and whether you signed any personal guarantees. This is not a question that can be answered with any accuracy without seeing the particulars of the debts involved. If you would like to make an appointment to review these items, please contact my office at 732-663-1500. Mention law Guru for a free consultation.