My mother was named in her longtime fiancees will to recieve 1/3 of assets including property. He owned one home. Her name was not included on the deed but the deed did include her fiancees 2 sons. Does this mean she is not entitled to 1/3 of that property?
Yes, that is non probate property.
My husband died recently. He and his brother owned a lot in town in their names only. We had a will that left his possessions to me. Do I have to probate the will in order for his brother to sell the lot. We live in Kansas.
A "will" is just paper until a probate court deems it to be the last will and testament of a decedent. You may petition the court to have your deceased spouse's assets transferred to you. It will take some time, (maybe longer than putting the will through probate), but can a,lso get ti done. If the totla amount of items you husband owned at the time of his death (minus the stuff that automatially went to you) is low enough, you may be able to do a small estate affidavit, in place of probating tghe will.
Good luck
My parents are both now deceased. They have been deceased for over 3 years. They did not have wills. There are 3 adult siblings. In 1999 my parents took out a home equity loan on their home that was paid for. The bank would not give them home owners insurance. The estate was never probated. The heirs received a letter from the finance company saying they are going to auction the home on August 6, 2013. Can the heirs stop the auction of the house until the finance company talks to them. Correspondence sent to the finance company over the years have not been answered and when calling heirs are told they cannot tell them anything. This is in Harris County.
Yes, you can file for probate and or a temporary restraining order to stop the foreclosure. Time isn't on your side, so you should contact counsel IMMEDIATELY.
You and the siblings will need to work out who is going to do what.
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I filed a motion for default (eviction) in Duval County on Sept 6. About how long does it take to get a final judgement? How much longer for Writ of Attachment? Can a tenant still file any motions after the original 5 days?
go to law school. I did.
can a lein be put on my property for a debt to a collection agency?
Only if they get a judgment in court first. Did they lie to you about that? They often do lie. You can sue them for lying if you have proof by letter or a recording of the phone call.
in the state of missouri if someone fills for divorce but gets pregnant before the divorce is final is the divorce legit?
It is not rare for a woman to get pregnant (by a different man) while her divorce is pending. It does not automatically nullify the divorce decree.
Hi i have a balance which I owe to Gateway financial services for a defiency balance I am trying to pay off from a vehicle which I had purchased and then had an accident. I was unaware of gap insurance at that time was never offered it. My insurance did a payoff and I am still paying monthly payments to this company on top of having to purchase another vehicle. i was having a difficult time and became late on my payments for a while and had some broken payment arrangments, but did keep in contact with them weeekly. Recently I tried to pay the minimal amount to keep me from defaulting and Iwanted to work out arrangments on the rest which i was behind on. A supervisor in the collections department called me and said they only thing they would take is $375.00 and that is it or they are filing suit. so it better be paid and before she hung up the phone she said to a coworker "I let her have it". I talked to a manager abover her and she said I could make the payment but they would still send it out. I tried to get on the website to make the minimal payment and it stated I was not allowed access to the website and contacte administrator. That was the last day to make payment and I think that is why they locked me out so i could not. I called and left message for supervisor to find out what was going on and to see if i could still make the payment she still has not gotten back with me. Very poor customer service, unprofessional comments by collections supervisor and I saved it on my cell phone. I have payed alot of money , plus my insuance company did as well, and they still say I woe over $3,000. Now I think they are going to try to garnish my wages because that is wheat the supervisor told me they were going to do. Will they contact me first? i dont know what to do, should I try to contact them or their attorney ? Any information would be helpful as this has never happened to me before.
Until an attorney files suit and serves you with the Summons and Complaint, the collection agency is all talk. Their only job is to extract all your money, until that fails and it gets turned over to their attorney to sue. Then it is serious and you should contact an attorney. Visit me at kliszlaw.com to discuss further. Tim Klisz
When my tenant moved out in January, she was $2500 behind in rent. She provided me with post dated checks and asked me if I would wait to cash them until she got her tax refund. I agreed.
The night before I was supposed to cash them, she emailed to say that she had to close her bank account and would provide me with new checks once she got her new checks for her new account. I haven't been able to get in touch with her since.
Two weeks ago, I deposited the original checks that had been dated 2/15/2013. When I deposited them, the bank told me the account was not closed and the account was active. The checks were returned as "Stop Payment".
Even though I accepted a post dated check, can my tenant still be charged with a crime due to fraud and issuing a stop payment on the rent she owes?
Take the checks to the State attorney's office - file bad check claim forms - they will take care of it from there. You might tell her your plans and this is called a FELONY to write bad checks and she can be prosecuted under the law. Bet she runs over with the cash.
A visitor parks her car about 8 feet from a fire hydrant on a privately maintained road. Is she breaking the law?
Quite probably, if she received a ticket for this particular
parking exercise (my opinion).
What will happen if I can't afford to pay my fine that the courts gave me for my DUI? The total fine was 525
The Courts will generally give an individual extra time if needed to pay a fine but failure to request same and/or failure to pay can/may result in additional penalties including possible arrest. If a fine was imposed it means you pled guilty to some charge and failing to pay for any reason is not an excuse. However, I repeat the Court just wants to get paid and the matter can be restored to the calender if you wish to seek additional time.
Stock in failing company
If I have purchased stock options in my company, and they are now planning to either 1. Sell the company or 2. shut the company down, do I have a case to sue the company for the money they took for me?
Re: Stock in failing company
Only if you can prove fraud. If they sell, your options should be covered in full or partial, and you would formally be provided info on your alternatives. Businesses rise and fall, that's the risk of investment. If you lose money and think you can prove fraud, feel free to contact me.
if you have a 100.00 late fee can thay charge you 2 or 3 dollers every day untill the day u pay it incluing the 100.00
Can who charge you? For what?
Attorney Ashman is right. You need to try re-posting more details about what this is and why there is such an enormous late fee.
Further, read your contract. What does it say about late payments and the fees that can be imposed? What is this for? A loan? A payday loan? Something else? When was it taken out? Why were you late? Why is your payment still late?
It depends on what this is. It is possible that there is a state law governing the charges for late payment fees and that this is unconscionable. But without the facts, its not possible to give you better advice.
Mr. Demmons - in response to a query regarding non-solicitation agreements in Louisiana, you stated that Louisiana law does allow for a non-solicitation agreement. My question is, if the contract does not state a specific time period, how long is that enforceable? We have a non-solicitation agreement with some of our subcontractors who are still providing service to our customers, and they are attempting to appropriate our customers, stating that the contract was signed more than XX years ago. We believe that the time frame is on-going and the clause is enforceable as they are still performing work for us. If they cease working for us, how long with the non-solication agreement be upheld by Louisiana law? Which statute applies here? Thank you.
These types of agreements can only stand for three years.
a taxi cab driver denied me and my service dog a ride in his taxi. told me that he did not have to give me ride in his cab. I have Dr,'s note for service dog.
Taxis are required by federal law (Americans with Disabilities Act) to give rides to service dogs. I hope you got the name or number of the cab driver. Have you ever before been denied rides by cabs? Does it happen often?
I do not handle cases like this, but the law firm of Kafoury McDougal in Portland does. You can reach them at 503-224-2647 or [email protected]/* */ They provide an initial consultation visit for you at no charge, and they usually take cases on a "contingency" basis, which means that you do not have to pay them, unless they succeed in obtaining money for you from the entity that harmed you.
When a real estate deed between two parties uses the language "not as tenants in common but with right of survivorship", and one party dies, does his last will control distribution of land to a third party heir listed in the will?
No. Tenancy in common means that, if one or 2 owners dies, his share goes to his heirs. Your deed says it is not a tenancy in common. A tenancy with "right of survivorship" is called a joint tenancy. Under joint tenancy, if one of 2 owners dies, his share goes to the other owner and does not go to his heirs.
A joint tenant may sell or transfer his property, while living. If that occurs, the tenancy is changed to a tenancy in common.
My husband has filed a divorce petition against me accusing me of cruelty and he has submitted audio recordings as evidence. He has recordings of me saying that I will murder him, castrate him and put him in the hospital and of me cursing him. I said these things because he forced me to say it not knowing he was recording me. What shall my defense be in court regarding these recordings.
Generally, the court does not care about "fault" in a divorce. Assuming there are no issues of child custody, there should be no consequences for you even if you really did mean what you said, and your spouse gains nothing.
Probate in CA - fees to be distributed are less than even the legal fees - court has awarded all fees to lawyer - are we liable for the rest of his fees
No.
I pay a software company to develop a software for my business and I didn't get what I asked for and now I want to know what are my legal rights ? Or if I can get my money back?
This is a very fact based scenario and will require a proper understand of all the facts and circumstances. Basically, you are asserting that they breached your agreement. Was this a written agreement? If so, what does it say in contrast to what happened? If not, was there any history of dealing with your provider?
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
[email protected]/* */
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
I am buying a home. It will be occupied for one month by the current tenant after my date of purchase. I have to honor this lease in North Carolina. My question: Is it my right to deman the current owner sign over the security deposit being held by a real estate company? Do I demand the current owner pay the months rent to me or do I wait and hope the tenant pays the rental company and they pay me. do I need a lease agreement with the existing real estate company?
Your closing attorney should be able to help you with these questions. If you are taking over ownership - you should be getting the security deposit.
I live in Anne Aundel County, Maryland and my house is in foreclosure. I am prepared to reinstate the loan but when I requested the amount, the fees were $5,000. I am only $7,000. behind on the mortgage. I was suprised to find out that reinstatement will cost over $12,000. In addition, for the past 6 or so years, I have had an issue with the bank not paying my taxes so that the house goes into tax sale and I end up owing fees related to that. I have been unable to get the bank to resolve this issue. I have had my house for 17 years and the original amount financed is only a few thousand more than I currently owe, I think from these fees. What are my best options for getting this situation resolved?
Each case involves unique facts and the options will vary with each situation. You ask a couple of questions.
As far as paying property taxes, a homeowner may be able to opt out of escrow if your account is otherwise in good standing so that the borrower collects and pays taxes itself. Since tax sale will wipe out the lender's interest and it takes some time to get to tax sale after the bill is due, it would be unusual for a lender to let the property go that far.
Generally under the terms of the loan documents, a borrower is fully responsible for all late fees, accumulated interest and such that can easily mount into the thousands. An online post cannot adequately analyze a specific situation and the details of your financial situation, where you are in the foreclosure process and so forth may affect your options.
You are encouraged to either consult with a housing counselor, call Maryland's free hope hotline and/or seek legal assistance from an attorney.
i just went through bankruptcy and was granted except the judgment my previous employee (partner) had on me because the judgment was made due to fraud or not doing my feduciary responsibility. what can i do to argue that
You need to defend the adversary proceeding. It's just like a lawsuit where they have to prove fraud. You will need a lawyer to defend it properly.
Can a NYS 501c3 non for profit Board meet and vote to dissolve the corporation? Our organization's by-laws give the Board the sole power to make policy. These by-laws were approved by the State of NY.
An official meeting with vote of 2/3 of the board is the basic process. NPC Article 10 describes the Non-Judicial Dissolution process for a Not for Profit as well as what steps/voting rules are required to authorize and certify the dissolution. You can find those sections at the link below.
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA;=$$NPC1002$$@TXNPC01002+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=52832607+&TARGET=VIEW
my husband was arrested for a dwi and was ordered to have an interlock on his vehicle.we have had the interlock for a couple of months then they suspended his licence and are still requiring him to keep the interlock even though he cannot drive. is this normal?
It is not uncommon because the judges know that many people drive despite having a suspended license.
He should talk to his lawyer because he may be able to get an occupational license during the suspension time. And, some judges will allow people to sign a "no driving" affidavit - but this is rare.
Do you assume someone's debt when you marry them? Once married will I then be responsible for their past/future debts?
Past debts incurred prior to marriage, no; future debts subsequent
to the marriage, possibly.
No, and no (with the exception of certain "necessities" like necessary medical care).
I work for a public college, which has "related entities". These are separate 501c3 not for profits, who board consists of college administrators and is operated by other college employees. Some of these entities are failing. Now the college wants to eliminate the successful one of these entities in an effort to take the assists to cover college and other related entity shortfalls. This action can adversely affect many employees of the college and more importantly employees of the coporation. It should be noted that the lead in the process serves as counsel for the college but serves on the board. is this legal? If people lose there jobs, is there any recourse? It should be noted that prior to my finding this out, counsel stated that she has been looking for ways to dissolve the corporation. This corporation, by the way, is in a surplus year over year and passes all audits and meets objectives consistently.
Thanks for your question. Nothing in your narrative suggests that the overseeing educational entity would not be permitted to do what is in its best interests. If that means dissolving poorly functioning NFPs under its control, then so be it.
What is missing is why you believe there is anything inappropriate about this? That is, while unfortunate that some might be displaced, this on its own is not a reason to enjoin that action.
I will concede that I may not have the whole picture here and would be wiling to discuss it with you. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
[email protected]/* */
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
Forged signature on home loan
My banker forged mine and my parents (who i am buying the house from) on the purchase and sale agreement of the house, what can I do?
Re: Forged signature on home loan
You need legal representation ASAP. Is the loan in default or current?
bankruptcy assets
If someone buys the assets of a company that has been liquidated,and that person uses the old companies name,can he use the agreements the old company had before bankruptcy?Example:Say the company was a Cessna Airplane Dealer?The Dealer goes bankrupt,someone buys the assets.Is he now a Cessna Dealer or would he have to get a new agreement with Cessna?
Re: bankruptcy assets
I would think that any company would rely on the integrity, skill and knowledge of the bankrupt vendor, especially in the highly skilled industry of aviation. It sounds as if negotiations are in order with any company with which you do business. Also note that if you make the same product as the bankrupt company and assume its identity, you well might assume the liabilities for product defects and injuries that occurred before the bankruptcy.
how long do i have to wait to move a car into my name if the owner of the car leaves it on my proprety
without any contact and how would i move it into my name without the owner since we have no contact if all i have is the licence and registration
You can't do that. If the person owes you rent, there is a process that you have to go through in order for you to sell the car and apply the proceeds to the back rent.
If you are not owed rent, then check with your city or county to see if they have an ordinance regarding junk or abandoned vehicles. Failing that, check with the NC License & Theft Bureau at For services regarding Abandoned Motor Vehicles you may contact the License & Theft Bureau at (919) 861-3141.
If you a mechanic, there is a different procedure which you must follow.
What I would suggest is that you write a letter to the person and send it via UPS or FedEx and ask them to arrange to remove the car in 10 days or it will be sold (if you are a landlord and owed back rent) or removed (if this is just a vehicle on your property or if no rent is owed). If they do not respond, then make arrangements to sell the car or have it removed. You want pictures because if the car is removed or sold, you do not want the person to come back and argue that the car was worth thousands of dollars and that you acted improperly.
If you want the car, then you are going to have to get the owner to sign the title over to you or sign a power of attorney to allow you to sign the title. Talk to your local DMV office about that.
can a bank account be levied for money owed by a person if that bank account is shared by three other people? people with account live in california. child support of new jersey owed the money.
Sure can. Anything in the debtors name can be levied no matter who else is on the account or ownership of an asset. With things like cash in a bank account that cannot be segregated and that the debtor could take all of it themselves, the levy reaches all of it. When it is something like title to real property where each ownership interest is distinct and the debtor couldn't sell the whole thing without the others, only the debtor's interest is reached by the levy.
I was in a car accident where the other car was clearly at fault, I am insured and I was driving my fiances car which is also insured, i filed the claim through the insurance company of the at fault party but they are trying to deny my claim. I am seven moths pregnant, so i was taken to the hospital and the at fault driver was making an illegal turn i have witnesses and pictures of the accident. what can i do
You need to hire an attorney.
Insurance Co.'s do not take unrepresented claimants seriously.
The insurance Co., knows that if they deny your claim you have no recourse without an attorney.
I would be happy to discuss the situation with you.
I hope all works out well for you and the baby. You need to hire counsel..Most counsel handle these cases on a no recovery no fee basis,so if the claim fails, you will not have to pay an attorney. You should contact one promptly.
Beat regards
I have been married for almost 4 years now. I'm wondering should something happen to my husband to where he has an unexpected death, what are my legal grounds??
Question not clear, you cannot divorce a dead person,
Laws
Assume that there is a provision in the Colorado state consitution that is in conflict with a statute that was passed by the U.S Congress and enacted into law. Which is true?
a) The Colorado consistutional provision will control; the federal statute is invalid.
b)The federal statute will control and make the state consitutional provision invalid.
c) In Colorado, the Colorado consistutional provision will control over the statute passed by Congress, but the federal statute will apply in the othet 49 states.
d) Within Colorado, whichever was passed earlier will control over the other.
e)Within Colorado, whichever was passed later will control over the other.
Re: Laws
Generally, the Doctrine of Federal Preemption will apply to these situations, i.e,. federal law will preempt conflicting state law.
I was hit by a lady with no insurenc I carry unisurred motorist should my insurce company pay me for pain and suffiring since the accident was not my flat and I have neck and back pain now
That is the exact purpose of uninsured motorist coverage insurance. Yes, you may make a claim against your policy. An experienced personal injury attorney can give you additional information on the appropriate procedures and any timing issues.
I want to buy a small plot of raw land in Oregon. The seller has a clear title, certified by an Oregon-certified title search company. Do I need to do my own title search, or can I do ahead with the transaction as it stands?
When you purchase the property, you should buy title insurance. It is very inexpensive, it provides coverage, and the title company delivers to you (before the date of the sale) a title report as part of its service. Upon reviewing the title report, if there are any problems with title, you can typically back out of the sale -- so long as you and the seller have entered into the standard written real estate agreement.
Lawrence M. Vergun
The Vergun Law Firm
7455 SW Bridgeport Road, Suite 220
Portland, OR 97224
Telephone: (503) 746-7859
Email: [email protected]/* */
Website: www.VergunLaw.com
I am a victim of investment fraud , similar to the Madoff one. I am suing the bankruptcy trustee for negligence and financial lack of accountability. The compnay they are trustees for was a NASDAQ company,that coerced its investors into changing the terms of their original contracts, and then issued stock which was worthless soon afterwards because they filed less than 6 months later. There are thousands of investors who have been scammed in Florida alone, and the trustee is a large national bank. Do I have any type of a case?
Are you already part of a class action? If not, then we would be happy to discuss the situtation with you and may be interested in representing you.
My father just passed away and he put my step-brother as executor of his will. Prior to his death he told my sister and myself there was gold he had put away to be divided by his four biological children and the money inheritance was to be divided 5 ways to include his adult step son, but my step-brother borrowed that ($450 K) to keep his business afloat @ which point my dad told us we owned part of that company. My dad resided in San Bernardino County. Now we've been told there is no estate.
You need to obtain probate litigation counsel to assist you to file the necessary petitions into probate court; don't be taking the word of the step brother that no estate exists, especially if he is still in business; the estate may be entitled to that business as an estqte asset.
can I use the defense that has no jurisdiction over judgment from georiga to stall domestication of that judgment in florida, and how long
Yes. If the GA judgment was invalid, the FL court will not domesticate.
i have a ? in my custody order it states my son lives with me & every weekend my son goes to his dad house on fridays at 3pm to sunday at 3pm and that we share holidays and we both get two weeks for vacation but must inform the other parent in a timly manor and states if we dont follow the custody agreement we go to jail for up to 6 months but my question is when its his dad weekend his father not the one watching our son and not spending time with our 1 year old his mother and 17 year old sister is the ones who spends time with my son on his fathers days of visitation and his father goes to hangout with his friends when he suppose to be spending the weekend with our son my ? is if his father not going to be watching him on his day and going out with friends instead of spending time with our son do i have to keep sending my son to his fathers house
Yes, you have to comply with the order unless and until a modified order is issued.
If you have a problem with the current arrangement discuss the matter with the father (if that's possible). If nothing changes, file a petition to modify custody.
Also licensed and practicing in New York
I need a copy of my father's will because my lawyer found more accounts. It is from 2004. How can I get a copy. I don't remember the lawyer that he used....
He was from Cincinnati, Ohio and I live in Daytona Beach, FL.
Thank you so much,
LizG
That may be difficult then.
First, check with the county your father resided in to see if his Will was filed in probate court. If probate was done there when he died, they will have it. Second, see if you still have your father's check book. He may have paid the attorney by a check so you can track them down. Finally, in the area that your father lived, contact a few Estate Planning attorney's to see if they might have done the Will.
If you can't find the Will, then you will have to do it by Intestate Succession (which is the State imposed Will).
Hope this helps.
Not sure if you need the will or you need to probate an Estate to clear accounts. The first critical issue is where did your father die? If in OH, then you would need to probate an Estate there even if the accounts were in Florida. You really should seek legal help from the appropriate State as there are many other questions which need to be answered.
I am on social securityI. I have a judgement against me from Capital One credit card. I am about to recieve a small pension and 401k now that I am 65. Can these be taken away from me? The judgement is almost six years ago. My 401k is small, $6000., I would like to cash it in because I need to buy a used car for doctor appointments etc. My 95 ford is no longer repairable. .
Your 401k is protected by Illinois exemption law but if you convert it into cash and then into an automobile only $2400 is then protected by the exemption for one motor vehicle. You may be wise to a bankruptcy attorney if you are eligible for bankruptcy protection.
In Michigan, does the estate pay penalties if an auto lease ends early because the owner passes away?
It depends if there are assets in the estate. There also may be negotiations possible as well. The attorney handling the estate should know.
How long can an Iowa employer keep a new employee on probation. I have been employed with an Iowa county for over a year and I am still considered on probation. Legally how long can this last?
There's no set legal limit. It should be in your employee handbook.
My parents went through a divorce, her in WI & Him in FL. Her boyfriend helped file paperwork due to neither of my parents having anything. Her lawyer only has her side of the story, so in the divorce case she stated a pearl necklace that my father owned, belongs to her. So the judge filed in her way. The necklace was my father's, being married to her, did belong to both. My father stated to my sister and I, he wanted the necklace to go down the family line, for me to give to my daughter. He didn't want my mother to have it and sell for drugs. She is fighting for this necklace. What do I do?
I am sorry to hear about you situation. Unfortunately, if a decision has been made by a judge there is likely little that you can do about it, You can file an appeal but there has to be an error of the law somewhere. One avenue you may want to look at is why your father did not have an attorney. If your father did not have an attorney before and you want to keep the necklace in your family he really needs an attorney now. The other thing you can do is to offer to buy the necklace from your mother. That might save you a lot of hassle. Good luck!
At my place of work we enter our time into an online system I enter my time and sometimes I have OT for meetings they schedule and things of that nature. What I am noticing is that the past couple weeks they have been editing out my Overtime from my online submissions. Can they seriously do stuff like that?
Without knowing all of the facts of your case, generally, the answer is no. Luckily, there is a state agnecy that may be able to assist you free of charge: the Labor Commission. You cannot be retaliated against for making a claim with the Labor Commissioner. To make a cliam, visit 555 E. Wachington Ave., Fourth Floor.
I had a child from a married man can I file a child support?
Yes.
Absolutely yes.
My husband passed away in 2008. We have a mortgage on our house and the credit is in his name. My name is on the title, I have been making a big house payment since then, but i just can't keep doing this. If I do a quick sale or a forclosure can they come after me?
I would need more details, as it should be impossible for you to own sole title and him to have the mortgage.
My daughter has been divorced for about 10 months. Her ex has paid no child support. The main concern now is that he is living with a lady and the orders stipulate I believe that that is prohibited because of his two kids 6 and 4, who visit him although my daughter has the main custody. He, the lady, and a friend they live with all smoke in the home where the kids visit. Worse, her ex confessed to her a month or so ago that he had done and dealt drugs recently. When she saw him this last weekend, he was shaking almost like he had a palsy, making her think he may be on drugs now. She would like for the safety of the kids to have supervised visitation only. Meanwhile, if she denies him taking the kids for visitation, will this count against her if/when they go to court about the whole situation? What can she do about child support, visitation, and the whole situation?
She would enforce the child support order through a motion for enforcement, in which she would ask the Judge to put Dad in jail.
As for the visitation: She should file a motion for modification of the visitation order, and ask for temporary orders in connection with the motion. She has a legal duty not to place her children in a dangerous situation - if she does so, she is committing a felony.
My mother passed away and the house that she owns is going into forclosure. The value is around 225k and she owes about 150 plus past due payments of 40k? Is it worth it to try and save. Can the past due part be negotiated. The bank - Chase is not much of a help.
Are you sure of that value? Many properties are down 35% from their peak, and if you're strongly motivated to sell -- you'll have to drop the price even more.
You're in a tough spot. Feel free to call me and I'd be happy to discuss this further at no charge.
I live in Okaloosa county florida. I would like to know what would happen if I wanted to change my statement i wrote on my boyfriend. I was really upset and set he pushed me, when he really didn't. I didn't think it was that serious to get him a domestic violence charge. I thought by me saying that, they would just make sure he would leave. I feel really bad and need some advice on what i should or shouldn't do..and what steps do i take to make this write. Who do I go talk to without getting myself in trouble. He has not been arrested yet, but there is a warrant for his arrest. thank you
You have to make a written request to the prosecutor not to prosecute. Contact my office for free consultation 727-446-7659.
A resident of Texas, met a lady online from Columbia. He made a trip there and ended up getting married to her while there. Has sent money every month and sent her thousands of dollars (supposively for emigration papers costs) over the past 4 yrs trying to get her to the US. He has not been able to contact her for some time. My question: Is the marriage legal here in the US? Does he have to claim her as his spouse, as this will affect his retirement annuity and he cannot even find her and has given up hope of her coming to the US. He listed her as his spouse 4 yrs ago and if he retires they will withhold part of his retirement for surviving spouse annuity ($418/mo). He would like to remove her as his spouse but does not know if the marriage in Columbia will considered legal here for this purpose.
The bottom line is this: You cannot prevent somebody from divorcing you just by hiding out.
Spouses vanish all the time (they just leave, and nobody knows where they are). You file for divorce, and serve the absent spouse by publication. Any divorce lawyer knows how to do this.
I wanted to start my own dj business. My mother purchased all the equipment up front with her cc. I have paid her back in cash and given her $1119.00 more than the cost of the equipment. NOW because I won't give her money from each gig I do she is threatening to sue me. Can she win?
This is a very fact-specific question and the answer depends largely on what your agreement was and whether there is any evidence of that agreement.
If I ordered something from a large online company and they mixed up the labels sending me the wrong thing, what rights do I have to keep it? If I had to sign for the package, so they know I have it, would I be within my legal rights to keep the package?
You have no legal right to keep it and not pay for it, although depending on the price differential and their good will policy, the company may let it go. All the company "knows" is that you received a package with the order # they assigned to it. They don't necessarily know if their worker mistakenly put the wrong item in the package. I assume you prefer the item you received to the one you ordered. You can wait to see if they take any action, but if they discover the mistake, they may expect you to return it (at their expense) in exchange for the item you ordered, or to charge you for the difference.
I was cited recently for a Move Over Law, I never heard of this law until so I received a ticket for $620.00. Should I fight this case in court or not?
Ignorance of the law is not an excuse (and it should be mentioned that this law has been plastered all over the media for a couple years, and is on many highway signs). Since it does carry points and a high fine, you migh benefit from talking to a lawyer.
I recently bought a car we put 6,000 down yet they charged us the 6,000 in fees alone it is a used 2012 Hyundai sonata for 30,000 and they charged us a lot more then they said it would be. Is there anything I can do I'd rather return the car or something then be ripped off.
It is difficult to answer your question without looking at the contract. In very general terms, fraud at car dealerships is a major concern. The legislature has taken up the issue several times in the past 5 years. Yet the dealers continue to find ways of getting at the consumer's hard earned dollar.
There are attorneys in your area that handle these types of cases. Look at the National Association of Consumer Advocates website and use the attorney search function. Look for someone that specializes in auto/finance fraud.
Good luck,
Everything should be spelled out in the contract. I would refer to that and see what it says. You can also ask an attorney to review the contract for you for a small fee. You are also free to call my office 818 345 0123
.
My son was arrested in Florida for possesion of marijuanna. He got out of jail on bond and didn't go to his court date. He is now living out of state. Does crossing state line make this a higher offense?
No, crossing a state line does not enhance the potential punishment. He could possible face an additional charge for failing to appear though.
I'm possibly going to be taken to court for visitation rights from my son's grandmother. I had Possession charges that were dropped to a Disorderly Conduct. Could that possession charge that was never filed be brought up in a court of law?
First, only convictions count, Second, how does Grandma have standing to sue you for custody?
The initial consultation is free and I'd love to know why grandma is involved.
John
I am a 23 yr old US born citizen and in the Air Force. My father had been in the US since 1989. We went to visit family in Mexico in 2005 and tried to bring him back with our cousin's papers but he was deported and told he wasn't going to be able to come back for 10 yrs. He managed to come back in without being caught. His wife, my mother, is a legal resident. What can we do to help him be here legally? He has no criminal record.
1. It sounds as if he's been issued an expedited removal order and had previous unlawful presence. The former is a 5 year bar and the latter is a 10 year bar. They don't stack and there is a waiver available for him.
2. When he reentered after a removal order (assuming he had one) and certainly after departing with unlawful presence bar, he triggered the permanent bar to returning lawfully. In a sense, he's permanently ineligible to obtain LPR status.
3. Also as a result of the above and assuming he has a removal order, he's now subject to federal criminal prosecution for unlawful reentry.
4. Had your mom naturalized (became a citizen) and then filed papers for him while he waited in Mexico, he would have at least had a fighting chance with a waiver of the original indiscretions listed in number 1.
5. And if anyone did help attempt to bring him back with the cousin's papers, those people might be indictable for alien smuggling.
Can you have a liquidated damages clause in a contract without an incentive clause for completing ahead of schedule?
Yes. It is common, especially when the contract is drafted by the owner.
Can u show up with your attorney if the court case is being adjourned?
Yes, but why waste your time?
Mike.
I was sentence to 2 years in prison for my crime originally. Now if i would have completed the shock program i would have did a year with a year of parole. I didn't complete it and did my 2 years. When i came home they told me i had parole. At the time i thought nothing of it, because i was free. I completed parole but never received a discharge paper or documents saying i completed it. Fast forward 4 years, and i need papers saying i completed it for my city job. When i called the office they told me to call upstate Albany, when i did they told me i was not in the system and that i was never in the system. That i didn't have parole. My question is can i sue for them making me do a year on parole that i didn't have to do
As far as bringing a civil suit, you need to post this in the Civil Rights section of LawGuru. There an attorney in that field can answer your question.
Can an individual in California give a company in Minnesota power of attorney to sue?
Probably, but it depends on the circumstances. You need to provide more information.
Actually, granting Power of Attorney would probably not be the way to go about it, but it still may be possible.
i have to work my scheduled court date. can i reschedule an ex parte over the phone?
If it is your ex parte, you give the other side notice that it will not be heard that day. If it is the other party's ex parte, you may want to phone the court clerk and let the court know that you will not be available, and would like it scheduled for a mutually available time and date.
There are no assurances you will get a continuance so it is wise to consider letting your employer know you may have to be away from your work that day as a plan B.
I hold a Diploma In Legal Studies and In Buisness Law. Can i represnt someone on a case?
No.
Is am renting and have recently found out the who are me "landlords" that I pay rent to are not the legal owner of the property. Is this legal for them to do?
Depends. Is there a problem? If not... then who cares?
Would my wife be eligible for the Dream Act when it passes even though I have just submitted the I-140 form to U.S. Immigration offices?
Are you referring to an I-140 submitted by your employer, or an I-485 filed, or an I-130?
My basement apt. flooded a week ago. Because the landlord refused to pay for damages to the property & my personal belongings, I had the building inspector, inspected the property & found out I am living in an unregistered, illegal apt. with bad pluming. can I take him to court for rent that has been paid or damages to my personal property?
Possibly. But to effectively present your legal issues, you really need the assistance of an attorney.
Is it okay for the biological father to take funds from a memorial fund set up for my dead son to go buy his own personal burial plots for him and his wife.
I am married to the bio mom and raised Brandon since he was three. His bio dad was barely in his life while he grew up. He killed himself in April. A dinner raised money for brandon and his two daughters to help with expenses and the rest to be put in accts for the girls. His bio dad said he was going to pay off some funeral expenses got a check and instead paid for his and his wifes personal burial plots in the amount of a few thousand dollars. I am a retired sheriff and this seems to be embezzlement by misrepresentaion, grand larceny, fraud, misappropriation of funds by trickery. What do you think? Biomom wants to file felony charges. We r in CA.
You are a sheriff and don't know that California has no "filing of charges" by victims?
In California, the victim is merely a witness, charges are filed by the prosecuting agency, DA or City Attorney (and sometimes AG). And a sheriff would have a hotline to a DA who gives guidance in arrests, and filing situations. Something ain't right
You may have a civil action. Determining that, however, is going to depend on how much of this was oral, and how much documentation was kept regarding setting up the fund, and paying the bio dad the money. For example, if cash was used, that is going to be hard to trace. But if a check was issued, with a memo line filled in, it may be easier.
I had given a notice in February to vacate my house by the end of March. However, I told the landlord (within a few days after giving the notice) that I have changed my mind and I won't be vacating. Since then, I have been paying the rent regularly. However, for some reason, the landlord wants me to vacate the house. He sent me a notice stating that I haven't vacated the house after giving the earlier notice. So, he is asking me to vacate the house by the end of this month (less than 30 day notice) or else he is threatening to sue me and charge me for attorney expenses and he wouldn't refund the security deposit.
Did you give writen notice. If you did you might be bound by the notice. alandlord has a right to rely on written notice to vactate. If only given orally it might not be binding.
Is asking the orientation of my relationship with my husband, and the extent of the relationship with my husband secual harassment
No. As a spouse you are entitled to now your husband's sexual orientation. You and your husband need couples therapy with a counselor.
I wanted know if a company selling exclusive territory rights to distribute their products is supposed to be licensed or somehow registered in iL before doing so. I purchased one of these territories and would like to see if I have any legal recourse to sue them in order to get my investment back.
As a Franchise Attorney I can say the following. Regardless of what the agreement is called, you very likely signed a contract that requires an accompanying disclosure document and prior registration. That would fall under either franchise or business opportunity law. The most important thing for you to do now is Consult with a good franchise attorney to review the particulars and for specific advice in getting your investment back.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
What's the best way of changing child custody of a divorce as in being able to have a child to claim for tax purposes?
Best way for any change in a decree is for both sides to agree to it, and then send an agreed stipulation in writing to the court. Next best way is to file a motion with the court asking for the change that you want..
Is it legal for a landlord/property manager to charge for electricity based on the square footage of an apartment instead of the actual usage? The complex where I live started doing that recently and tenants were not informed by the property manager or the 3rd party company that handles the billing.
The change in billing has caused some tenants electric bills to double, which in this economy is not a good thing, and it hardly seems fair.
It depends what was said in the original lease. You should seek counsel. If you have any questions, please feel free to contact me.
I have been on w.c. in San Fran., CA for close to 13 years. I no longer receive monetary payments. With two injuries and permanent disabilities plus a compensatory injury it makes my life very stressful. I do not have an attorney, have had 3-4 qme over the years, the last one full of lies, assumptions, inappropriate apportionment, no supporting evidence. I sent QME a letter disputing his report to no avail. I have been ignored by def attorney as well as the claims adjuster. I want to settle this but am unsure how to proceed, do not tell me to get a lawyer, i tried no one wants to get involved this late in the game(by the way I did have a lawyer but she deceided to change areas of expretise) I have been on my own since 2007. Can u help me proceed to settlement and how much should I ask to settle for? I anxiously await your response. thank you.
If you have a Primary Treating PHysician who can rip apart the offending QME report, get that done first. Go through the QME report line-by-line and write clearly for your reporting Primary Treater clear, concise criticisms of the QME findings. When the PTP issues a report discounting and disputing all the QME conclusions, you'll be in a better position to ask for more money.
As you 'no longer receive monetary payments' the insurer is of the opinion all Permanent Disability due has been paid out.
That leaves possible future medical bills for which the insurer might be responsible.
So re-phrase your question with the specific 'future medical' procedures suggested by the Primary Treating Physician and those suggested by the QME -- and note you have received all Permanent Disability due already -- and an attorney might be able to help you.
If the QME report upon which the adjuster is making her decisions says you require only Over-The-Counter medications with no more surgery, no more therapy, no more prescriptive medication and no more injections, there is almost no money the adjuster would have to pay in the future so she wouldn't come up with much more than $4,000...
My husband has had sole custody of his 13 yr old son since he was 3 yrs old. (I have been step-mom since he was 1). Son's Mom has every other weekend visitation. Son is medically fragile. He has had 2 open heart surgeries, takes blood thinners among 5 other medications. In just the past yr alone when I take him to get his blood work drawn, for blood thinner range, It has been either extremely high or extremely low. high means he is not eating or taking it all right before he comes home. low means he has missed a dose. Today the results were double what the should be and the staff at the heart center said next time the results were not in range they would be getting social services involved and removing child to safe environment. Every time I have told them he just got home from his other parents house. I have sent his mom e-mails on how he has to eat and take meds repeatedly. I have kept all of this documented. Ok now question... Can my husband shorten her visitation to just Saturday? I can't stand the thought of son going to foster care even for one night. What can we do???
Your husband should file a petition to modify visitation. The basis should be the medical harm she may be causing by not taking care of him properly. He should think about hiring an attorney to file the petition. However, if it's financially impossible and he doesn't qualify for a pro bono attorney, he can file the matter on his own.
3235 Satellite Blvd.
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Just yesterday my home was burglerized by 2 kids. Ages 14 and 15. They were arrested and recovered some of my stuff. But they left my house in shambles. They broke out a window and cut up the screen to my screened in patio. They also stole $200, which was never recovered. I was curious if I can sue the parents for the damages done to my home and possibly the money. It was part of my rent money. Thank you.
Yes, but you can also get it through restitution. Just make sure you show all receipts and you should have place professionally cleaned so that you can submit that as a receipt as well. Of course, if you sue, you may eligible to receive additional damages that restitution may not cover but you should talk to a civil attorney about that.
I plea guilty to 2 counts on a mistemeanors ,on the plea deal they ask for money on top of that restitution!I was sentence to pay fine and 3 years probation.My guestion is I have a hearing to see if i came up with money or else ! On my dock it say's review of jail time .The money they are asking is 10000.00 but i don't have it cause times are hard and couldnt find a job ..but i have $2000 thats all i came up with?
No advice from here is going to help you, other than to tell you to tell the true story to the judge at the hearing, present him a payment plan you can actually follow, and hope he grants additional time for you to pay. If not, you potentially face jail time.
We don't know enough to answer. Were you supposed to make payments, or find $10,000 and just hand it to them. If you have $2000, why did you not give it already to the victim? Do you have an excuse?
I was recently in a car accident in which it was my fault. I did not have insurance at the time and now I have a bill of $4,400 dollars. I'm only 18. I'm still in high school and work like 20 hours per week. I can't afford this. What are my options?
If you can't pay the demand upfront or enter into an arraignment to make periodic payments on the demand, you'll likely be sued for the amount they're seeking to recover. If they get a judgment against you, it's likely they'll garnish your wages/bank account until the amount is satisfied.
A friend of mine was murdered and the district attorney let the defendant plea involuntary manslaughter. The sentencing isn't for another month. If there is new evidence by the public to incriminate the defendant, is it possible to present this evidence to the district attorney where they could get rid of the plea deal and have this go to a jury trial for something of a harsher sentence? Thanks.
No, not if it is a plea bargain to an existing case. More evidence that points to the guilty defendant who is pleading guilty is not going to change the plea deal.
As an affiliate in NYC do I need to get a business license and make an LLC? I'm not a business but I make commissions. If so, what business category would I be?
The decision to set up an entity will depend, but if you are engaged in a business enterprise no matter how small setting up a liability shield like an LLC is crucial.
Your specific facts are not entirely clear so I suggest you consult a lawyer in private and discuss in more detail.
I am happy to offer a free phone consult, so feel free to call my office when convenient.
This general overview may be helpful as well:
http://www.lanternlegal.com/reading_entityformation.php
Best regards,
Frank
Natoli-Lapin, LLC
866-871-8655
www.LanternLegal.com
Business Lease
I leased two storefronts in July 2006. The landlord opened a wall to make one storefront of 4000 Sg. Ft. The lease states that $4000.00 will be taken from my deposit of $15000.00 to rebuild the wall should I default. In February I told him I wanted to downsize to 2000 Sq. Ft. on April 1. He agreed. I assumed that I would get the remainder of my deposit back ($3500.00) for the second side. He now says that I broke the lease and must now forfeit the remainder of the deposit. Did I break the lease or just amend it?
Re: Business Lease
My firm specializes in this area of law, and we practice in your community!! If you need assistance e-mail us at [email protected]/* */
I paid a contractor half down to install a concrete driveway and
said he would be here at 7:30 in morning and no show no calls
wont answer the phone. it has been 25 days
he left a backhoe and other equipment in my yard in my way
can not get in my garage
can I file for abandament to remove these items and recover my lost
from Bill
Bill, I regularly handle these kinds of disputes. It sounds like this Contractor may have violated your consumer protection rights under a couple of Ohio laws, and you may be able to recover 3x your actual damages, a refund, and possibly your attorney fees. Please contact me as soon as possible at 216-236-8202, or via email at [email protected]/* */
Do not "self-help" yourself to his equipment in the meantime. You do not want to do anything that could lead to liability on your own part.
my dad lives in N.Carolina, is 82, and has a trust set up to leave his son (me) and daughter $2M when he dies. He has a trust with his 2nd wife. The 2nd wife is 10years younger and likely to survive him.
I an worried that after my dad dies....
1) The 2nd wife could get a memory disease and start giving away tons of money secretly to her own son (who hates my dad and family, and vise versa).
2) she could make her mean-spirited son POA and he could legally take tons of money out at will.
How can my sister and I protect against 1 and 2 and receive what should be coming to us, please?
Thank you.
Its up to your father to dispose of his assets as he sees fit. If he wants to give it to the current wife, then its his choice. Children do not have a "right" to inherit anything from their parents and if your father wants to leave it all to the second wife, or to charity of some kind, that is his choice. He does not have to leave you or your sibling a dime if that is what he wants. You thus should not be acting like you have a right to receive these funds as you don't.
Assuming that your father wants to benefit you and your sibling, your father should have set up what is called a marital A-B trust. It works like this - at death, 2 trusts get set up, a marital trust for the wife and a family trust. How funds and property is allocated is for your dad to decide, but he should leave enough in there to take care of the wife.
The family trust will provide that wife can invade the family trust, if necessary. That does not mean that wife can impoverish herself by giving away the assets in her trust so she can come begging for more. The wife cannot change the terms of the family trust at all and upon her death, you and your sibling will inherit.
The terms of the marital trust could be changed by wife, but at least the damage as to how much she can give away will be limited.
The other way to do this is, if your father has no concern about tax issues, is for just your father to set up a living trust for himself only. The trust becomes irrevocable upon his death. In the trust, he can name someone other than wife to be successor trustee. The trust can provide for the wife to receive distributions of money at regular intervals to be used for her care and support. Upon her death, you and your sibling will inherit. The nice thing about this trust is that the second wife never gets control of the assets. Rather, she just gets periodic disbursements of money. Ideally, this will be enough for her to live comfortably on and the only thing that can go to her children is whatever has been disbursed to her.
A third option, if your father has the resources to do this, would be to start to make annual gifts to you and your sibling. Your father can gift up to $13,000 per year to you and another $13,000 to your sibling. If he wants to give more, then his wife can gift up to the same amounts - so that is $52,000 a year that can be given if your father is able to do this.
Gifting is a great idea - it allows your father to have the joy of giving in his lifetime and you and your sibling not only get the benefit of the gi8ft to use now instead of waiting until your father's death, but you also get to show your father how grateful you are for the gift. Its a win-win. The problem is that I don't know what resources your father has or the kind of assets that he has.
Regarding taxes, Congress made a deal in December of 2010 which raised the estate tax limit to $5,000,000 (5 million) ($10 million for married couples). The problem with this is that the law is only good until December of 2012. Depending on the outcome of the 2012 elections, this can change.
Since nobody can predict right now what Congress will ultimately do, your dad, given his age, might want to set up the marital A-B trust because of the tax issues if he has that much money around.
As you are concerned, you and your sister need to sit down with your father and review what he has to make sure that it meets your father's estate planning needs and that it provides for your inheritance if that is what your father wants.
If it does not, then your father needs to sit down with an experienced estate planning lawyer, preferably one who knows about the tax law issues to minimize any estate taxes. There are other vehicles out there for very wealthy people (most of my clients don't fall within this group so I don't do the extended estate planning work).
How is it that with joint custody. week on week off, I still have to pay over five hundred dollars a month in child support?
Child support is not just dependent on the timeshare. The relative income of each parent is also considered. For further information, visit http://www.ellifritzlaw.com
In other words, child support is based on not just the amount of visitation, but also upon the income of each party. The only time the support would be zero, on a 50/50 time share, is also if both parties have the same incomes. The statutory presumption is that you pay approximately 28% of your incomes (of both parents) toward raising a child. So, if you have a greater income, then 28% of that greater number means that you actually will end up paying child support. Hope that helps. Good luck!
do i have a lawsuit if i found a large piece of wood with paint on it in my box of cereal?
No, not one from which you are likely to win any significant damages (in my opinion).
(I assume, of course, that neither you nor any of your dear ones ate this piece of wood.)
I filed a small claim against an individual and after doing so I found out that he also stole my stereo system. Can this be added to the previous claim or do I have to file a new one and have two cases.
The sheriff stated I have to call before the court date to make sure the individual was served, how long does it take to get the summons to the individual house?
If he stole it - that's a criminal issue. You should call the police first and at least have a report made before going the civil route in small claims. You might be able to amend the original small claims action but he would need to be served again so it may be easier to simply file another small claims action. As far a service goes, if you elected to have the sheriff's department do it, you should get a return notice of service if you filed everything correctly. Depending on how busy your sheriff's dept. is, it could take anywhere from a couple of days to several weeks to get the other party served.
I agree with Ms. Houser but will add that if the person is avoiding service it could take much longer.
I have a court supervision for not having insurance. During that I was suspended for not getting the SR-22 in a timely fashion. The date the suspension started I was pulled over for speeding and got tickets for both speeding and a DWLS. I never received the paperwork for the suspension - my address was not current.
I have gotten all outstanding matters addressed that I possibly could (address updated, paid an outstanding ticket from the past, paid the fee for the suspension), and have my license reinstated.
After my arraignment another suspension goes into effect for 3 tickets in 12 months.
How should I plea?
Hire an attorney before you enter any guilty pleas.
In a motion to Modify, will my 15 year old son be heard in medation?
In mediation, no. At a final hearing, it is up to the judge, but at 15 it would most likely be allowed.
When during an ongoing divorce process can I purchase items/stuff (ex. TV, new car) and not have it become available to my spouse as part of the divorce process?
Once the Petition has been filed, and the documents served to the opposing party, the general rule is assets purchased after this period are considered sole & separate property of the purchasing party. Of course there always may be exceptions. If you have further questions, we offer free thirty minute consultations @ 623-748-8973.
hi..so yesterday myself and my mom were shopping at kia..and had one of their associates come over who wasn't even part of the conversation, came over said i was calling him a lier, said "fuck you" to me several times and then came up to me like he was going to hit me..he needed 2 other employees to hold him back so my mom and i could just leave the store...is there any anything i can do about this?
Yes. Complain to the general manager and don't shop there again.
You can go down to Crown Point and talk to a prosecutor.
Accusation of stolen copper sold to a salvage yard, but son has no idea it was stolen. Detective says he wants to "speak" to my son about it, and yet states he can charge him with 4 felonies. But won't say what they would be, how can my son give them any satisfactory answer when he gathers metal from several places and isn't sure himself where exactly it came from? The detective said he had some " pictures " he wanted my son to look at and explain what they were " to him. We know in our hearts that when he goes down there, they are going to try to arrest him . We are scared for him, we know he didn't intesntionally do this, but it was done and now how to get him out of it is our delima.
As I recommended before, hire your son a competent criminal defense counsel
to evaluate and deal with the situation described rather than attempting without the aid of such counsel to figure out from your end of matters what the cops are likely to do (nor not) in regard to the situation and in consequence thereof what you son may need to do (or not).
My wife has been convicted of felony.she wants work release.but she has 2 open charges.will she be able to get work release?
Response from Attorney Michael Kotik of Legalphilly.com:
Work release does not really depend on the judge, verdict, or your attorney. Rather work release truly depends on the jail that your wife will be incarcerated at. I have had many situations where the judge allows for work release, but the jail itself does not due to the guidelines of the prison. To be sure that your wife is eligible for work release you should contact the prison and find out what parameters must be met for her to be a valid candidate for the program. If you can work it out with the prison, then I would suggest going forward with the judge and the district attorney.
Hope that helps, Michael Kotik Attorney at Law.
I am the biological father of a 2 yr old resulting from a one-night fling. (Yes, I know, please hold the judgment) I recently was brought into court for a dna test, found to be the father and ordered to pay support, which I do, no problem. I do not want to be involved with the kid for various reasons. I have not met this child, other than seeing the kid at the dna appointment and that was for about 3 minutes. The mother and I did not speak, nothing. Anyway, I'm now finding out she filed custody papers. I already spent a bunch of money on the paternity filing for a lawyer to make sure everything was done right and lost 2 days off work for the testing date and court date to go over support. I am not interested in going back to court or paying more money - especially since the lawyer told me I was wrong for not wanting to be involved with the kid at all. I haven't been served yet but know it's been filed. And my address is listed as 'unknown' in the filing. She knows where I live, since I obviously got served for the support case. Anyway...IF I happen to get served, do I need to go to court? She knows I don't want custody or any visitation. I haven't had any contact. Or do I need a lawyer to address it ahead of time or contact her and say look he doesn't want any contact you can have sole custody? Any suggestions are appreciated.
You should not avoid what you already know is in process. It is your choice as to whether you do or do not want to be involved with the child. However, if you avoid or do not address legal process, then a warrant could issue as well as default on deficient or incorrect bases that you should have otherwise represented. You should strongly consider hiring an attorney.
You do not have to appear or contest the custody petition. It will just result in her getting what she asked for. If you are contacted by her attorney, you may be asked to agree to a consent order for custody so that the case can be concluded efficiently and expeditiously. Your support obligation will continue, unless she gets married and her husband seeks adoption.
I live in an month to month apartment in Brooklyn, NY. I am trying to get my co-tenant evicted, but the landlord is hesitant to start proceedings due to the costs involved. I have lived in the apartment for two years, the co-tenant for eight months.
Is there any way for me to legally become the Master Tenant either through signing a lease or other agreement with the landlord, without the co-tenant knowing? I would assume responsibility for the entire rent, so long as the co-tenant would be responsible for paying me directly and I could personally pursue holdover eviction proceedings. Is this a valid way for the co-tenant to become a subtenant?
That should work. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
CZIK LAW PLLC
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New York, New York 10013
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Are tenants obligated to pay rent during a short sale? My landlord listed the property for short sale 2 months into our lease which ends in October. The bank has accepted an offer and the buyer is currently awaiting paperwork from the bank. The landlord says that we are obligated to pay rent and remain in lease terms until the process is complete after which we have 30 days and we can move out. I found a new place. I want to leave now. I want my security deposit back. What are tenants rights during short sale process? I live in Virginia.
The landlord's position is correct (in my opinion). (In fact, in the situation described, the new owner normally takes title subject to the terms of a lease currently in effect at that time.)
My wife has left me and my son (16) and we have not heard from her in about 2 years. How can I get a divorce from her and be free of any further obligation?
Look on this website and hire an attorney to help you. Even if you don't know where she is, then you will need a divorce by publication. A divorce by publication is complicated and you will probably need an attorney.
Good luck!
I fell asleep while I was driving and hit a call box on the freeway. I panicked and left. When I got home and called the police and told them what happened. They showed up at my house 3 hours later and they told me they had to do a breathalyzer test and that it was legal because I'm 20. I didn't tell the officer that when I got home I was so nervous I drank three beers. When they did the test .06 came out. Can I fight that in court to avoid a DUI?
Don't make statements or speak to the police, in the future if this happens call a lawyer. Also never open your door to the police unless they have a warrant. If, as it appears, you were criminally charged, hire a lawyer right away so that 1) the lawyer can be with you on your first court date; and 2) your lawyer can file with the DMV before the 10-day deadline expires. You also need to file form SR-1 with DMV and inform your insurance company (Caltrans will want to be paid for the callbox). Best of luck and I'm here to help.
Also the court will expect you to address your binge drinking problem. Blacking out and crashing into call boxes is a clear sign that You Have A Drinking Problem. Next time you black out behind the wheel you might well kill a human being. 2nd degree murder carries a penalty of 15 years to life. Start going to AA meetings tomorrow, and get a signed proof of attendance each time.
Were you arrested? Your explanation is great, but you left out the most important facts. were you arrested and "I didn't tell the officer that when I got home I was so nervous I drank three beers" why not? AND, the officers asked you if you had anything to drink after the accident, WHAT DID YOU TELL THEM???
I have filed bankruptcy and it was dicharged on 8-31-11. I intend to surrender my property, and have been served with forclosure notice. Can the banks that I have mortgages with , attach my social security wages?
Under FL law or Federal bankruptcy code, certainly not. The discharge may expedite the foreclosure but the bank can only take the property used as collateral for the loan.
Dr did L3-L5 Laminectomy and not only was I worse afterward the Dr completely blew me off the ordeal I went through with him and his staff was crazy ridiculous
Does this sound like I would have any case to sue him?
Medical Malpractice is where the doctors acts below the standard of care, which means that other doctors in the same area would not have done would that doctor did. It is not enough for there to be bad results there must be a doctor who will testify that the doctor in question acted below the standard of care.
For each procedure and surgery the care of a doctor requires certain items of follow up. Whether or not the blow-off here is sufficient to rise to malpractice depends on if their was a failure in care that was required, and that failure led to some damages or enhanced the damages.
Due to the laws in California, most malpractice attorneys require a significant amount of compensable damages before they will take on a medical malpractice case. California law priovides a cap on emotional distress damages of only $250,000 and this amount has not changed since 1976.
In addition to the above if you want to know if there was malpractice you can have a DR review the records to see if there was malpractice but you do need to consider the damages
I am conservator for my father and successor trustee for the Family Trust. My brother has been on a five year campaign to overturn this and my mother who originally opposed by brother joined with him two years ago. She left home and I have been caring for my father since with the help of 24 hr caregivers.
Now my mother and brother have hired an attorney, who had her file bankruptcy, stopped the court ordered sale of a commerical property, sued my fathers attorney, the judge and is who is suing me personally for $4,000,000. I need to consult with an attorney who specializes in BK.
I am conservator for my father We do offer a free twenty minute consulttion concerning bankruptcy.
I handle bankruptcy litigation; feel free to contact me if you would like to discuss this further.
My father and I was driving to my grandmothers house the other day . when we got to the house the taskforce team was standing in the front yard. my father told me to keep going because he thought maby he had a warent for childsuport and drop him off so he could go through the back yard. so I did than I went back around and pulled into the drive way . I got out of the truck and they aproched me asking me lots of questions like who lives hear and who was with you in the truck the first time you passed by. I told them my dad he is in the back yard. they then detained me and went through the garage opened the back door leeding to the back yard and detained him them they conducted a search and found a rifle in a shed in the back yard. they did not have a warent they said they were in the area and had an arrest warrnt for lisa who lived two blocks away. I did not give consent to search they put handcuffs on my dad and put him in the car so I said I put the rifle in the shed he knew nonthing about it because I dident want my dad to go to jail. they arrested him and a week later issued a warrent for me for possession of stolen properity. now I being charged with a felony possession of stolen properity my father is being charged for fellon with possession of a firearm .
how do I write a motion to supress evidence . im repsenting my self I questioned the task force team and have the transscripts.
Get a lawyer immediately. Representing yourself is a terrible idea. Knowing you need a motion to suppress isn't enough; you also need to know how to do it. There's no way to teach you that here. A lawyer will know how to do it.
Get a lawyer. You have absolutely no legitimate reason to represent yourself. In criminal law, if you cannot afford an attorney, the court appoints one for you.
