i'm in drug court and it's 250 miles away from my home, can i withdraw from it and possibly get regular probation
WITH PERMISSION OF THE COURT. HOWEVER, WITH COMPENTENT COUNSEL YOU MAY BE ABLE TO NEGOTIATE DISMISSAL OF THE CHARGE WHEN YOU COMPLETE PROBATION, WHICH IS WHAT I WOULD RECOMMEND TO MY CLEINTS SHOULD THIS SITUATION PRESENT ITSELF WITH ONE OF MY CLIENTS.
My x wife and I share custody of our 6 year old boy. I was served papers on 12-24-13 informing me that this was her 30 notice of permeant residence change. We live in Southern California. The notice said that she was moving to Louisiana as of February 1st and she would be taking my son with her.
My question is:
1. Can she move away with my son and not face legal charges for kidnapping.
2. If she can, what are my legal options to keep my son here, in California with me.
This is what is called a "move away" case. You need to go into the Superior Court and object. It is a complicated area of family law and you will be much better off if you have an experienced family law attorney,
I fell while I was out walking, I tripped on a bad sidewalk. What are my options?
Who owns the sidewalk? Who's responsible for maintaining it? Were you injured? Did you see a doctor?
Co-Ownership of Car
I'm tring to sell my car and I am a co-owner of the vehicle and made all payments and insurance is under my name. Does the other owner have to be present when I sign the car? I have no contact information for this person. What can I do?
Re: Co-Ownership of Car
You need to locate the other owner to sign to transfer clear title.
You may need to hire someone to locate the other owner to complete this transaction.
Good luck to you.
I recently turned 18. My parents are divorced and my mother has custody. I need my insurance for various medical reasons, but my father, who I am not on good terms with, has it and will not give it to me. Can I take him to court for my insurance card? What can I do so that I can get the medical care that I need without having to go through him every single time?
Your facts are not clear. I think that you are saying that you have medical insurance through your father's coverage. If this is true, he has an obligation to see that coverage is provided, but he may not necessarily have to provide you your own card. Going to court just for the convenience of having your own insurance card is an expensive route to take.
My husband filed a restraining order on me and also child custody. We had a hearing for child custody and visitation. The judge ordered visitations to him. He has been violating the orders continuously. Since I live in a different county I had files for petitin for child custody and support. It's been over 30days and he has not responded to it. Therefore I have filed the order to show cause. Since he has been violating the temporary orders, can I file for a contempt of court order in my county?
The contempt action needs to be filed under the same case and in the same county where the custody and support orders were made.
I am in my last month of my apartment lease and have given 60-day notice to vacate as required. The leasing office claims I didn't paid them for this month but I have a bank statement that prooves I did. They rejected the printed statement and are threatening eviction procedures even though due to move in two weeks per the 60-day notice. Am I being forced to stay here after my lease expires until this is resolved or can I leave as planned?
No one here knows what your bank statement shows, or why the landlord did not believe it. Certainly you asked and they provided a specific reason, and that is an important detail you omitted. If you paid by check, get a copy of the front and back -- that should be easy enough. If another way, the bank can trace. With only part of the story, and questions about how much you have done to resolve it, you can't get a sold response.
I want to auction a myself as a escort for someone to take to india and then donate my kidney to them. Is this legal?
Quit wasting the time of lawyer who provide help on this site for free.
What does part and labor warranty means in monitoring and installation between a home owner and a security alarm company ?
A parts and labor warranty means that all the parts and labor to reinstall or replace said parts is warranted for a certain period of time after the purchase or installation of the security system. You should read your warranty carefully to see how long you have while it is under warranty
I live in Illinois, but my wife has filed for a divorce in Osceola County, FL. I have received the papers and the deadline to sign and return them was for the middle of June. My questions are 1) Will the divorce go through without me having to sign the papers and sending them in? 2) How long does it usually take for the divorce to become final? 3) Will I receive some form of document informing me that I am officially divorced?
Thank you for your time.
1. If she pursues it to completion, yes.
2. A few months if pursued.
3. Only if you so ask the court.
I moved to California 2 years ago and rented a townhouse. When I planned on moving I gave a 30 days notice in writing. After about about 2 and half weeks I asked for a pre move out walk through and then a final walk through after I left. I did this because people I knew in town told me it was the law and they should have offered to do it. They came to do the first walk through the day before I moved. At that time nothing was written down and the only thing that was said to me is that I might have to prime the light blue paint I painted in the living room and dining room. I said I didn't have time by the next morning and she said I might be charged for the primer. After moving I and a friend cleaned the apartment, which wasn't dirty to begin with, for 5 hours. We washed windows, baths, floors, etc. And I took pictures after we were finished. At the final walkthrough the office girl told me that everything was fine and I would only be charged a cleaning deposit. I said there was nothing to clean and she said yes but we always charge that. Once I received my check I was shocked to discover that they took out over $1000.00 is charges. Painting, primer for nicotine damage, general cleaning, carpet cleaning and painting the garage, which wasn't painted when I moved in. So am very glad I have detailed pictures of my claim that there was no nicotine damage or dirt or anything but my question is: In the California law 1950.5 it states that a landlord must notify me in writing of my right to have 2 inspections. Then the pre inspection any problems must be in writing and give me reasonable time to make repairs and then the list shoud checked against and signed off by each of us at a final inspection. The only additional charges would be if there was damage during the move out. Also the that apartment need only be as clean as when I took over. Now I know I have pictures to prove me case but other than that and witnesses we both could produce, it is my word against his. What woudl stop that from being true is that written list of repairs. Basically, as the landlord did none of those requirements, he broke the law. Isn't that a good enough case right there? That his lack of following the law has set up for this? Or does a judge not really pay attention to that?
File a small claims action.
My 6 year old daughter and I were traveling and got into a pretty bad wreck. The bridge we were on was very icy. there are absolutely no caution signs posted. I slid on the ice and lost control of my vehicle. We both received minor injuries. Do I have a case against the city??
I recommend that you research the statutes to find out if this signage is required. If so, yes you have a case.
Do quitclaim deeds have a statuet of limitations.
No, I don't believe so.
Where can I get free legal help with my bankruptcy ?
Legal Aid of Western Missouri runs a volunteer attorney project. The phone # of the coordinator is (816) 821-8020. As with most most endeavors to provide free legal assistance to the needy, it is necessary to qualify for this. If you aren't quite needy enough to qualify for free, and don't think you can afford an attorney, you can start researching the subject on your own. I'd start with the court's website. Then take a look at attorney websites to gain a greater understanding.
A couple of caveats: While bankruptcy is primarily governed by federal law, state law impacts bankruptcy practice as well. So try to limit your searches to Missouri. And bankruptcy is a complex area of law. I spend a substantial amount of time keeping up with changes and double-checking less common issues as they crop up in my practice. Hiring an attorney to do a "basic" chapter 7 will probably cost around $2500. I've known of cases where debtors decided to do it themselves and it cost them far more. The problem is that unless you know what the law is, you don't know if it's cost-effective to hire an attorney or not. Take a look at perhaps, the LawGuru website at the questions that begin, "I filed bankruptcy and now . . ." , followed by a description of the disaster the person is now facing. In most of these, there is no mention of an attorney, who probably could have headed off the problem before it was actually a problem.
can my husband fight for custody of his newborn daughter and me as his wife have his daughters mother sign her rights over to me
You've asked two questions:
1. Can he fight for custody? Yes, but if by custody you mean he takes the child from its mother, he will have to prove by clear and convincing evidence that the child's circumstances are such that the child would be better off with him.
2. Can you adopt the baby? Yes, the mother can sign an affidavit of voluntary relinquishment of parental rights and you can ask the court to allow you to adopt the child.
I currently pay child support for two children. One of the children just turned 18 and graduated from high school. My current divorce decree specifies a total monthly payment for two minor children. According to my divorce decree, I am no longer obligated to pay for one of the children since she is now 18 years old. Do I need to have some sort of legal modification filed since my child support payments will be reduced/changing? If my ex and I come to an agreement on a lower payment amount will that be sufficient to start paying lower payments for the one remaining minor child?
It's fine to come to an agreement on support but to be certain the old order is changed, you must file a new court order.
You will need to request a modification of support. Just so you know, it is cut less than half under guideline. For further information, visit http://www.ellifritzlaw.com
A young lady hacked into my email account and used it to send emails incriminating me of crimes that I did not commit. Then she filed police reports against me for these crimes. She works in the IT department at my school and used my school email account to do these things. She now has a pending restraining order and criminal charges against me, and I am at risk of being put out of school. The school is currently investigating my email account, and I have plenty of proof and witnesses of my whereabouts during the weekend in question. What can I do?
People with criminal charges and the other issues you have take it seriously and get lawyers immediately, and don't rely on internet websites. Get a lawyer, and discuss this with him or her.
When you are facing possible prison, if you are concerned, and you should be, you retain a lawyer immediately. Given the seriousness of this case, I assume you did get a lawyer and since you should have one already, it's inappropriate for us, without facts, to second guess him.
what is the maximum amount of money one has to pay for speding 50 mls over speed liment
The minimum civil penalty of $1000 PLUS whatever fine amount, up to $500 more, then any additional court costs. I strongly suggest you get an attorney for this.
filing a child support amendment
what forms do I file (in California) to have my child support updated? How much does it cost?
Re: filing a child support amendment
If you are talking about having child support payments modified due to a change in circumstances, you would need to file for an OSC hearing. If this is the case, you should DEFINITELY retain effective legal counsel to do this with or for you ASAP.
We are in need of a very good child custody Lawyer. We don't have a lot of money but we will find away to pay for it. It is getting to the point that my wife's ex is starting to cause mental anguish to my wife. Can someone please help us?
A good way to select a child custody attorney is to meet with several of them prior to making the decision to retain one. Many family law attorneys offer a free consultation. You and your wife could discuss the details of her case with several attorneys, and determine from there which one you feel would do the best job. Pricing and retainer fees are also discussed at these consultations, and you and your wife can decide at that point the best way forward for your family.
Please feel free to click on my attorney profile for contact information to schedule a free consultation with my office. You can also visit my website, familylawkansas.com, for more information.
What constitutes "undue influence" in Louisiana pertaining to what I believe is a manipulated will?
It is influence so severe that the accused person has actually substituted his will for that of the person who drafted the will. The influence must have taken place at the precise time the will was signed and there are different rules depending on whether the person was related to the testator or not. It is very difficult to prove and you need to talk to a lawyer to get all of the facts analyzed properly.
Hello, I have a question regarding late fees in Pennsylvania. We are in our third lease w/ our current landlord. There are provisions in our lease about late fees. However, he has never enforced the late fees or given any notice that he would charge us until recently when we resigned our lease in April. The problem occured when our July rent must have gotten lost in the mail and we received a letter from his lawyer that he would be charging us late fees for all the late rent in our over two years living there. Though slightly late , we have never missed a rent payment. Just wondering can he do this? Especially for rent falling under the old leases?
No. He can nail you for July 2013 but he wants late fees for previous times. How bad does this attorney wish to look like a total jackass in front of the dj?
John
My mom is currently fighting my aunt over my grandfather's property. My aunt took it over about 10 years ago and took out a lien for $40,000 to buy her house and land. She is currently 3 months behind and still owes 18,000 on it. She is also late on her own mortgage and could lose her and my grandfather's house. My mom is buying back my grandfather's property the 18,000 my aunt owes to save his house and just found out that there are other liens against it. My aunt has 3,500 in credit card debt and 1,500 in civil suits that were attached to the original lien. If my mom takes the property will she have to pay my aunt's other debts?
I don't know what you mean by your aunt "took over" your grandfather's property. Was the land deeded to your aunt? Unless it was solely in her name or any other owners of the property consented, your aunt could not have mortgaged the property. Just so I understand, she mortgaged your grandfather's property to buy herself another house? Why didn't she mortgage her own?
From the fact that there are other alleged liens, it sounds like your aunt owned this property outright. Are the liens also attached to your aunt's property? A judgment acts as a lien on all real property owned by a debtor.
What is ypur grandfather's property worth? Your mother will have to buy the property for what it is worth. The lienholders would get the liens satisfied out of the sale proceeds. However, your mother does not personally pay for your aunt's debts. Unless something else can be worked out so that your aunt's creditors will release their judgment liens on your grandfather's property, I see no other alternative.
Your mother needs to consult with a real estate attorney in the county/state where your grandfather's property is located and she should direct her questions about the liens to the attorney and ask how those liens will be dealt with in order to get them released or satisfied.
Is there any California case law on a staffing agency being required to pay back a Direct Hire fee for a placement?
Need to repost with more facts. I assume you had a contract. Did you look at the contract. Feel free to call my office 818 345-0123
How do I begin the emancipation process? Does the court look at emotional and psychological abuse as well as physical? How long does it take on average for a case to be resolved?
I can send you a brochure prepared by the State which has information as to Arizona law re emancipation. Please email be directly at richpeters @ familylawaz.com.
/s/ Rich J. Peters
R.J. Peters & Assoc., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
My father always told my sister and I that we would inherit his house. A number of years ago he did a living trust which stated my sister and I would get the house. A few years ago he remarried and changed his will leaving the house to his new wife, shortly after he passed away. Now the will and the trust conflict. Which takes precedence and who gets the house?
It depends first on whether a deed was ever executed and recorded conveying the house from him as an individual to him as trustee of his trust. If so, the house is pretty clearly in the trust and without a seed back out of the trust to himself individually, it is not part if his estate and not subject to being willed. If there was no deed into the trust, then it gets a lot more complicated. In either case you will need to talk to a lawyer about this ASAP.
This may be even more complicated than Mr. McCormick suggests. If community property was ever invested into the house, then your stepmother has an equitable interest in the property in an amount to be determined. If the house was not in the trust, but you can establish that your father wanted it to be in the trust, then it may be possible to petition the Court to transfer it into the trust at this time (or at least treat the house as though it belonged to the trust).
It is imperative that you speak to a lawyer about this, if you wish to protect whatever interest you have in the estate.
I agree with both of the answers provided. It is also normal, when executing a new trust, to have a "pour over" will, which leaves things not titled in the trust to the trust. Are you sure a new will was not signed at the time the trust was executed? If so that will will usually supercede the old one. You really need counsel to analize the documents in effect.
Bill C
Could it be considered a conflict of interest in an unlawful detainer/civil matter if it is discovered that opposing counsel (in this case the petitioner) opposing counsels parents work as realtors in the same office that collects the rents of the defendent
It's unusual for the work of a lawyer's parents to create a conflict of interests for her. What's more, both the lawyer and her parents seem to be allied with the landlord in this case. I don't see how there could be a conflict. If I knew more about the case, it's possible that I would see things differently.
Doesn't sound like a conflict to me.
It appears the courts are backed up with all kinds of lawsuits (civil) I heard that it could take up to two years before I could get my issue in front of a judge. People who have true important issues have to wait so long because of all the false accusations and frivilous lawsuits other people flood the courts with. Are there ways to get important issues taken care of faster than waiting two years? Can a judge decide whether or not certain issues should be heard sooner than others because of its importance?
The attorney you retain may have tricks up his or her sleeve.
You have been misinformed. Some cases take a long time to get to trial because the lawyers need to do a lot of work and/or to accommodate the schedules of the parties and the lawyers, but not because of the court's caseload. The court will hold status conferences and other hearings along the way, so it will be aware of the allegations long before the case gets to trial.
You are assuming that the courts are being clogged with "false accusations and frivolous lawsuits". However, I think you would find that the parties that have filed the lawsuits do not believe them to be frivolous. I am fairly certain that some people might consider your case to be frivolous regardless of the circumstances.
Also keep in mind that California has a larger population than any other state in the country with more than 35 million people. The opportunity for disputes to arise are magnified due simply to the large number of people.
The situation in the courts is both better and worse than it used to be. It used to take FIVE (5) years to get to trial from the date the lawsuit was filed. However, the state legislature pushed that down with certain requirements back in the 1990s.
The way it is worse, however, is that there are simply many more people in the state now and many more lawsuits than there used to be. Public resources are stretched thin. With the Republicans in the legislature unwilling to raise taxes to provide for public services the likelihood is that the time it takes to get to trial is not going to get reduced any time in the near future.
You have options. You can go the private route if the other side is also willing to go the private judge route and have the matter resolved through arbitration. However, depending on the type of case, the number of witnesses, complexity of case, length of hearing an arbitration might be much, much more expensive as the arbitrator's fee is likely to be anywhere between $200 and $1,000 per hour.
Alternatively, depending on the circumstances of your case there might be ways to expedite your case.
Every county I practice in is pretty good about getting cases tried in a year or less, unless the parties and attorneys themselves ask for more time, or outside proceedings such as one of the parties filing for bankruptcy delay things. As far as clogged courts, if and when courts are in fact clogged, it is invariably due to criminal matters, which take priority over all civil cases. To answer your specific question, however, yes there are ways to expedite trials for certain reasons, such as ongoing irrevocable harm that cannot be prevented with restraining orders until trial, elderly plaintiffs, major issues affecting the public (such as gay marriage), etc. If there are legitimate grounds for pushing a particular case forward early, any good litigator will be able to do it. If it's just that you think your case is more important than anyone else's, however, they think the same about theirs, and the courts would REALLY grind to a halt if they had to sort that out, so it's first come first served.
Mr. Donner also makes a very good point that mediation and arbitration are becoming more and more popular for many reasons, not the least of which is how much more quickly you can get a result. If you are interested in that option, my office provides those services at pretty reasonable rates that are split between the parties. My closest hearing facilities to you are in Sacramento, but I am sure we could find accomodations closer if you and the other party(ies) preferred.
In addition to what the other attorneys have posted, which I agree with, there are other remedies available pending trial, rather than just sitting around and waiting for trial. They include motion practice, including summary judgment proceedings, prejudgment attachments if necessary and proper, injunctive relief, and discovery.
We just moved from Virginia to Colorado and I need to know if our wills, power of attorneys, and medical directives, etc from VA are valid in CO? Thanks, Annie
The basic rule is that if those documents were created as required under your state law they remain effective in your new state. Now, that said, you may be best off getting new materials if certain facts and circumstances change.
if the father & I were never married, can I still get him for desertion/abandonment?
Abandonment is only grounds for a fault-based divorce in the case of marriage. Since you are not married, there can be no "abandonment" or desertion.
If he is not supporting your child, he can be sued for child support or prosecuted for abandonment. He cannot abandon you since you chose an illegal relationship rather than marriage.
Is it legal for the apartments i reside in to charge me $25.00 for refusing pest control?
Read your lease. Did you agree to it? If you didn't, just don't pay it.
I had a medical bill and unbeknownst to me the hospital hired a lawyer and they had a court date. I received a letter of their lawyer after and started paying them toward the money I owe. They sent me an acceptance of service letter but now I received a letter stating I'm in default because I failed to enter a written appearance in person or by lawyer with my defenses or objections. It says I have 10 days to do that. What does this mean and what was the letter of acceptance for?
You received a 10 day notice. That means that you had better have a proper written response filed with the court before that time expires or they will enter a default judgment against you. It is meant as a final warning. The response likely isnt something that you could do, at least not properly. You should get a consultation with a consumer attorney immediately and have that attorney review the complaint that was filed against you.
When would a CC&R covenant be considered abandoned?
If there is no HOA, and the 60 year old CC&R states that all houses are to be 1 story, but 24 years ago, someone added a 2nd story without any neighbor objections, would this 1 story covenant be seen as abandoned?
There is no such thing as abandonment in this area of law. If it is your house and you have added an additional story without HOA involvement, then there is an issue of the statute of limitations. If a neighbor has done this, this does not justify you violating the CC&R;s.
No, this is not an abandonment.
My friend is about to go through a divorce and his wife bought there home a year before they were married but he made all the payments for the last 5 years ! Will he get a percentage of that home?
No. If the house was purchased a year before the marriage, it's separate property.
However, the community estate has a claim for reimbursement for payments that were made out of community funds. Depending on the length of the loan, and how much down payment was made, it might not be worth pursuing.
2010 I filed for child support and visitation. Judgement was entered and the court found irreconcilable differences and grants a judgement for dissolution of marriage.I, the petitioner am to prepare the judgement. I never did but my husband did and asked me many times to sign it. I would not sign it because we are so highly in debt including college loans for my daughter in my name. I told him to file his judgement with the court, unaware I was to prepare the judgement. June 18 he filed the judgement, June 27 he responded and on August 3 I received the judgement from the court stating "the court must return the judgement as it is missing signatures. Make corrections and resubmit." I did not resubmit them and we have court in the morning. What am I to expect? Can I ask for a continuance and file a new judgement that includes our debt?
The court signs the judgment, not the parties. Are you referring to a Marriage Settlement Agreement ("MSA") that would get attached to a judgment?
me and my husband had a car accident july 3. we contacted our insurance company that day. they sent an adjuster out yet we have no received payment. I have called over a dozen times to the insurance to get misinfo first the car is being totalled and sent papers to it is going to be repaired we are sending a check to we are waiting for the check to be approved. Plus, the other persons insurance called us to see if we filed I advised them we have. my husband called them today after I spoke to them a hr beofre and they gave him info supposedly about the claim without asking for more then his name. they never asked for claim, case, issurer's id, or birthdate or anything to take to him about the claim.
What can I do about the car insurance company??
You need to hire an attorney to get them to pay for the value of the vehicle. Given what you have said it may be easier to work with the at-fault parties insurance company instead. Was anyone injured in the accident?
Can a biological father gain custody of a child if stepparent has legally adopted him years ago
Only under extremely limited circumstances, such as the bio mom and step dad die, or are found unfit and the child is taken away, etc. Something terminating the adoptive parent's parental rights would have to happen, just to get started.
i thank you very much for your reply, but as i was saying i had been paying my ex wife
spousal support for about little over 2years until the final stipulated judgment and i was
ordered to pay additional 40month from the date of execution of the herein stipulated
judgment, if the 40months counts from the date that we both signed the stipulated judgment
then i think i had fulfilled my responsibility, but my ex wife is telling me that it goes by the
date that is recorded by the court. is it true?
thank you again in advance.
It will turn on the exact language of the document. If literally says "from the date of execution" then the date the last signature went on the document is the relevant date. The date the court made it a judgment is irrelevant, IF the court did not put any language in the judgment and just incorporated the stipulation as the judgment. If the judgment has separate language about support, that supersedes the agreement.
i was wrongly convicted in (Dec.1983) for a felony. I am indigent now and was then too. Is there a chance that I can get that case overturned or suite the state even though I served the the entire sentence. What recourse do I have as this has taken a lot out of my life mentally and physically. Facing discrimination triple fold because of it. housing,employment and then the stereotype from family . Can I be compensated for this if I can get the matter straightened out some how.
You may have an opportunity to have counsel appointed. The fact that it was so long ago and you served the sentence may affect whether or not the claim has merit, but they are not the deciding factors. If you have a good case, counsel may agree to represent you.
If you have a case of actual innocence (that is, you can prove that you were innocent through testing procedures not available at the time of your trial such as DNA), you should contact the Innocence Program at CPCS at 617 623-0591. If you feel that you were wrongly convicted for other reasons such as ineffective assistance of counsel, then you may be eligible to have your case screened by a qualified attorney for free who will determine if you would benefit materially from appointed counsel. If you fall into that category, contact CPCS at 617 482-6212.
There are a lot of collateral consequences to criminal convictions as you are experiencing. Unfortunately, these do not form the basis for a civil claim for damages.
Good luck!
My ex is allowing me to have full physical custody of our 16-1/2 year old daughter....we all feel it would be in her best interest. BUT, he won't give her her clothes that he bought for her. I think this is insane! Is there something legally I can do? Aren't her clothes considered "gifts"? He also doesn't want to pay me any child support.
A court is not going to be interested in bickering over some clothes. There is an old latin phrase in the law "de minimis non curat lex," which means "the law does not concern itself with trifles." As for child support, there is no way to tell if there is any kind of case to be made for zero support. In cases where the custodial parent makes so vastly much more than the non-custodial parent that the payments would really be meaningless and unnecessary, the court may approve zero support, but in most other cases, especially if one parent has no custody at all, the court does not even really have the power to order zero support.
In tennessee after 11 years can i go to jail for defaulting on a car title loan?
Merely defaulting on a car loan is a civil offense.
You can be sued, subject to other requirements (such as statute of limitations and exceptions) but you cannot be sentenced to jail for non-payment of debts.
If the default was also accompanied by a criminal act (such as taking mortgaged property out of state or hindering a secured creditor), then criminal charges can be brought -- or could have been brought -- but again, subject to the statute of limitations.
Can any lien or judgment be placed on an elders homestead property due to medical or longterm care.
Yes, the state can put a lien on the property, much like taxes, to pay medical or longterm care. They do have a look back period to make sure a person does not transfer property away to avoid paying for their care.
My husband has a two year old reckless driving ticket 20 miles over speed limit he mailed in the payment not knowing it would affect him getting a job. Is there any way to get it reduced to a lesser charge even though it is old?
No, not at this point (in my opinion).By paying the ticket, he in
effect pled himself guilty to a criminal misdemenaor offense which
cannot now be expunged.or reduced to a lesser charge.
in divorce papers what does fraud against the community mean?
Usually that means it's been discovered that a spouse has been doing something to try to quietly divert money away from the usual joint accounts or accounts that the other spouse is aware of, perhaps in preparation for a divorce or just as part of a scheme not to share the property with the spouse. For example, changing the direct deposit provisions for your paycheck so that the proceeds from the raise you just got (but failed to mention to your spouse) would go into a new, separate account you opened at a bank your spouse knows nothing about would be fraud against the community. So would withdrawing cash from your account to give to your girlfriend.
A neighbor's very large, old, oak tree is dying. Several huge limbs are leaning on our healthy trees' limbs and overhanging a walkway where children play and traverse each day. The owner is aware of the dying tree and refuses to cut it down. Whose responsibility is it to remove the dead limbs that are posing a dangerous safety issue--the owner of the tree or the owner of the property onto which the limbs overhang? Do you have any suggestions as to how to handle this situation?
You may want to contact your municipality to see if they will come out to inspect it and possibly get involved.
Call the property code official in your town and tell him that there is a very dangerous condition on or near your property and that someone may get injured if immediate action is not taken
As an alternative, although the other suggestions might be one solution and the first to consider, is to notify your neignbor of the dangerous condition, in writing and I suggest it be by certified mail, return receipt requested, and ask that he act to remedy it. It is his tree and regardless of where the braches reach, it is his obligation to correct it. I suggest including in the letter a statement that if he refuses to correct this dangerous condition, you will act and hold him responsible for all costs involved. If he refuses to act and you can verify the dangerous condition, you may act, but be mindful that you may have to sue to be reimbursed. This is a reply to an Internet question and the response is not intended to be legal advice or as creating an attorney-client relationship.
my daughter and her boyfriend broke up and he's threatening to sue for damages to his clothes. They dont live together, my wife is leasing the apartment, he does not have permission from us to leave his belongings there. Can he legally file claim? Thanks
How about just giving his clothes back?
damages to his clothes? Really he is such a rich fashionista that there would be damages for his clothes? And then he would file and suit and seek damages?I seriously doubt it but I guess he could. Just figure out how to get his clothes to him.
He could certainly "legally" file a claim, and your daughter would have to defend against it.
The big question is whether he would win. Damages to clothes are often claims with virtually no value.
I agree that you need to return the boyfriend's belongings and close this chapter of your lives.
Is there any way for the court to get restitution and drop the charges so no criminal history will exsist? Ex: if a felony criminal case is dismissed wtih a diversion class, can that case be expunged with a prior expunge in the state of FL? and does dropped mean you dont get a criminal record?
If you have used up your one expunction then you don't get a chance at another, even if you got diversion. If it is dropped then it does not show as a "conviction" on your record, but the arrest will still show.
I have ben in a relationship for 12 years recently split up we were engaged 2 children together he has put everything in his name and I'm out with nothing not even a car do I have any chance of getting anything?
Community property rights in family law exist only if you are married or have a valid domestic partnership. With that being said, if you can trace money you put into any of the property, you may be entitled to reimbursement or to ownership of that traced asset in a civil lawsuit. As to the children, it would be appropriate to file a petition for paternity in order to set up the parenting relationship as well as establish child support. Please meet with a skilled family law attorney to explore your legal options.
My ex lives in China and has been hiding his salary from me. For the child support purpose, how am I going to find out how much he makes in China?
Hire an attorney and they'll walk you through the process.
I was contacted by the Gemological institute of america (GIA) back in May of this year that someone had turned in a diamond which had been stolen from our house during a break in (There was a unique serial number engraved on the gem) 4 years ago. The individual who turned it in to be appraised likely purchased it from someone and likely (?) did not have knowledge that it was stolen property. Yesterday I was informed that even though that gem is the one that was stolen from my house, the person who turned it in has the legal right to the property because he purchased it in good faith from someone (Not sure where he got it from as of yet). I was under the impression that a "Thief cannot transfer good title", is it true that this individual has a legal right to the stone and I do not?
Additional info: GIA is in NY, and the stone was part of a ring so our insurance only partially covered the value of the gem in the ring.
This is not a criminal matter but a civil one. You can sue to get your property back. Stolen property is still stolen property no matter bought it from whom. My recommendation is to go file an action in supreme court in your county.
After 2 years now of trying to change our custody agreement I am at a loss. My children tell me ever 1st 3rd and 5th weekend visitation that they want to live with me. My attorney requested they speak with the judge in chambers after my ex didn't agree to the kids talking to another party. my ex brought them and she talked to my kids one at a time alone in her office. about 2 weeks later she asked my attorney to have me bring them in again to speak with her....so I did. I didn't ask they kids what was said or talked bout and they both asked if I wanted to know and I said no why? they said well momma told us what to say and asked what all was said the last time they went. So my question is what do I do now? Nothing has happened and my exs attorney claims we need to go to mediation but if the judge is going to let them move with me why would I go to mediation to agree to anything because I know she will never agree to let them move. All she cares about now that I have started all this with the girls is that shes going to get more child support money....so she cares about more money and im trying to see my kids as much as possible and would live for them to live with me. any suggestions?
Unless the judge has ordered mediation you are not required to mediate anything. If the judge has modified the original order to award you primary possession of the children then the judge's order must be followed. Talk to your attorney about whether you must attend mediation.
My ex and I have an amended court order from when we lived about 300 miles apart. I moved to be near my son and have been living near him over 2 years. We never changed the court order and my ex and I worked together. However, she is now denying me any extra time, any holidays, and any other time besides the first and third weekend of every month. I am going to file to change the parenting plan, and I am simply asking that I be able to have what Florida law recommends (Every other weekend, shared holidays, one afternoon a week, and time during the summer). However, our original order is in Georgia. We have all been living in Florida for over 2 years and child support is automatically taken from my paycheck through Florida. Does Florida have jurisdiction, or do I have to file all the paperwork to have it transferred to Florida? What are my chances of being granted the time I am seeking based on the recommended parenting guidelines? I am hoping to get this done as soon as possible so I can start having more time with my son.
If the child has lived in Florida over 181 days you file a Petition to Domesticate the Georgia decree, include what you are asking the Florida Judge to do.
You have to transfer the judgment here in FL then petition the court to modify the Order. Your chances are good. Use of a lawyer is recommended.
I have 5 adult children. I live in a mobile home which I own, and have very little money to leave my children. Living in NY, I want the basic will, power of attorney If I become disabled, and for after I die. I am divorced from a second marriage. What are the basic forms I need? My finances are very, very simple.
1. A simple will properly executed conveying your assets to your beneficiary.
2. Living will and health care proxy for someone to make medical decisions for you, should you be unable to do so.
3. Power of Attorney for someone to make decisions for you should you be disabled.
This can be done using forms available at any stationery store, but some forms require language that may not be in the off-the-shelf forms. To be safe, even if legal fees may cost more, use an attorney. This is a response to an Internet question and the response is not intended to be legal advice or as creating an attorney-client relationship.
My sisters mother in law was falsely accused of harassment and had a restraining order placed on her, she was wrongly accused and does not speak English and was not prepared to fight her accuser in court, the allegations placed on her were a lie and the accuser placed the restraining order out of petty jealousy, is there any way to fix the Restraining order on her after the court granted the accuser the restraining order?
Possibly. With a lawyer, you can have the Judge reconsider. I am willing to review things for $200 for an hour and we could discuss further representation. My email is [email protected]/* */
Restraining Orders are temporary and only become extended (one year) with an actual hearing in front of the Judge where your sisters mother in law will have an opportunity to be heard. The court will provide a person to translate.
If my ex-husband doesn't give me a new address when he moves or a correct mailing address, how am I suppose to mail him certified letters, and what are my rights?
Read your decree, it probably states that both of you are ordered to notify the other conservator and the court every time you move. Print it out and give him a copy.
You might also want to talk to an attorney about not surrendering the child until he provides you with this info. Look on this website & www.avvo.com for an attorney.
www.familylaw4u.com
713-847-6000
I own some notes and the servicer of the notes has a percentage fee taken out each month. The notes and the prospectus only states that the servicer charges a 1% fee for servicing the notes. After a couple of months I noticed that the servicer was taking out 2% fee each month. When I inquired with the servicer, they stated that they upload most of their fees up front in the first 11 months. They stated that over a three year period, their fee would average 1%. I found no notice anywhere stating that they would be charging fees using some method of declining amortization. Their website states that they charge their fee in the same way that interest is charged, but interest is charged as straight interest. Is this legal?
It doesn't sound like they are abiding by their contract with you, but I would have to review the documentation to give any reliable opinion.
I never signed a terms and agreement with a vendor whom supposed to have delivered a set up wedding reception decorations. Per the payment invoice the vendor dis not deliver all mentioned items. The payment was processed through paypal where the vendor has some terms and conditions listed, does this bind me based on paying and never signing anything, and can she be sued over not decorating per the invoice agreement in lieu of decorating according to how she seen most beneficial for her other planned events for that day? Thanks in advance!
I need a more specific statement of facts and need to see all documents.
My narcissistic and rather unstable ex-gf (that I'd been with for a bit more than a year) abruptly broke up with me two and a half weeks ago. After the argument, I waited for a week for her to calm down and contacted her to reconcile. She did not want see me and actually called me to say it is really over and that she does not want to see me again. Later I learned that she went to the police (don't know why, as we were not married nor lived together and there was no abuse or threat). I suspected she was going to file a Restrainin Order based on false claims (the reason I can think of for that is probably because she thinks I am such a loser and so desperate for her that I would never leave her alone) so I checked with the somerville county court and the boston superior court to see if there is any record anyone filing a RO against me. Both courts did not find anything for a week.
Lately as I come home late, there is this unmarked cruiser parked in our parking garage guest spot. Yet, I neither got served or called by any sheriff or a server. Nobody knocked on my door either. I am under constant fear whether there is any TRO or PO coming to ruin my record and put my job search on jeopardy. If they have my address, do they not have my phone number? Do they not leave a voicemail or a note on the door? )I don't want to appear that I am hiding, which will make me look guilty). I am thining about visiting my mother overseas, so I might not even be here to receive any order or notes in the next month. It's been 19 days since the break up and 12 days since I last spoke to her. I do not have any intention to pursue her or contact her again. However, my question is this: What happens if I am not here and there is an order issued against me -- that is about to be served? What is the legal procedure, if they can't find me to serve? I am aware that it won't be legal if I do not get served or sign, but what happens after that? Would the judge do ex-parte (assuming I am purposely hiding to avoid the issue) and make this a real Restraining Order without hearing from me or would he reschedule the court date and extend the TRO with the hope that I can get served? Will I put myself in danger by leaving town? I just wanna clear my head and see my mother I haven't seen in 2 years. Please help me.
If someone seeks a temporary restraining order against you, and prevails, you will then receive notice of a "ten day hearing". You should plan to attend the ten-day hearing, at which point you will be permitted to present your side of the story and argue that the restraining order should not be made permanent. Is there a way for you to find out if your ex-girlfriend plans to file a restraining order against you without contacting her directly or putting yourself at risk? If she hasn't filed one yet, and you have not made any attempts to see her or threaten her, she may not intend to. If you are seriously concerned, you should check with the district courts in addition to the superior courts. Regardless, now may not be the best time to leave the country to visit with your mother.
My cousin was holding my truck for me. He opened a auto repair shop and the did not pay his landlord. The landlord was giving my truck as collatrial, as I was not aware of. My cousin has now left the state and the landlord is holding my truck for payment. He said he was thinking about selling it. Can he do this without being the legal registered owner?
No. Call the police for a "civil standby" and go get it.
If you are the registered owner, and your cousin did not have your permission to use your truck as collateral, then you have the right to get your truck back. Call the police and tell them what happened, and ask that they assist you in going to the site to retrieve your truck. My question, is why was your cousin holding on to your truck in the first place?
BARRY BESSER
www.besserlaw.com
My 14 year old daughter now resides in Iowa with her father under a 2007 joint custody agreement. She now wishes to move to Las Vegas to live with me so that she can attend the Rancho High School Medical Academy to best prepare here to reach her goal of becoming a doctor. Her father says no. What rights does she have in this matter and what process does she have to follow to achieve her desires?
You don't provide a critical piece of information -- where the original existing custody order was entered, and who has moved where since then; that governs which State has jurisdiction to proceed, and therefore what law applies to your question. For an explanation, see the article titled "The Basics of Family Law Jurisdiction," on the Published Works page of our firm web site, at http://www.willicklawgroup.com/published_works.
Your terminology is a bit confusing -- my guess is that the existing order says primary physical to dad, with joint legal to the parents, but if the reality is different, the analysis is different. What you really need is a full consultation with qualified counsel in the proper jurisdiction -- then what you need to do, and how, will be made clear.
In a peaceful protest, when being pepper sprayed by the police, is ok to pepper spray them back?
Not unless you want to get charged with assault on a peace officer, obstruction of justice, and other charges.
Agreed, you will be charged with resisting arrest as well. Cops are authoritarian,so when you resist you will be treated harshly, taken into custody, maybe even strip searched. You will not be happy.
Not unless you like jail food and lodging, which is what you will get with criminal charges of assaulting a police officer, resisting arrest, etc. There is no such thing as 'self defense' available against police.
And you better have plenty of money available for bail and attorney's fees.
I have lived with my boyfriend since 1994. We have a 15 year old son and are getting ready to separate. We built a house together 5 years ago but it is all in his name. Do I have any rights as far as the house is concerned?
Wow. Great question....
The answer is: probably. There are a lot of factors that go into things such as this. Because you were never married, we need to look at different statutes and case law to determine what, if any, ownership rights you have. Typically there are factors that need to be taken into account. These include: did you help make the down payment, did you help pay the mortgage, did you help with the utilities or any other way financially?
So you probably do have some rights. On the flip side, because you were never married, your boyfriend has NO rights regarding visitation, custody or any other issue with your son... unless of course you went to court already and gave them to him. Feel free to call or email. Our website is www.cjlawyers.com.
Good luck!
My girlfriend states that she is pregnant, and take me to court if I don't cooporate with, I dont if the child is my, do I have any ligal obligations to hear her complaint all the time and threatening that she will hire and attorney. I don not know if the child si mine.
You have a right to take a paternity blood test to establish if the child is yours.
What is she threatening to do? And why is she still your girlfriend if she is so unpleasant? You are not legally obligated to be harassed, and you can tell her her calls are no longer welcomed. If she wants to get an attorney, the attorney can call you, but this is harassment otherwise. Of course, it doesn't work if you just want to be around her but simply want to shut her up about this. That would mean you are volunteering for the position.
If you are not sure the baby is yours, do NOT sign the birth certificate. You can establish you are the dad by requesting a paternity test after the baby is born, as Ms. Kock stated.
I injured my back in may I having surgery on august 9 it was due to a superior having me complete a duty that he knew was likely to hurt to I have been receiving my wc checks am I able to sue my company since I have to under go surgery
No. All you can get are your work comp wage and medical benefits.
PA law does not allow for you to sue your employer for anything other than workers compensation benefits. You should speak with an attorney experienced in workers compensation law. Call me for a free consult.
215-240-7565
As others have said, the answer is no, but you may have a potential claims against other parties. Also, you may have a claim for additional money due to any surgical scar. That is why it is best to contact an experienced lawyer. Feel free to contact me at (800) 433-9700 or (412) 471-6463 for a free consultation. I have handled many worker injury cases, including obtaining money for scars, as well as claims against other parties for defective equipment and negligence.
I am a high school student.
My question is: Is it legal to give my friends this voice recording?
To study for the SATs, I recorded myself saying SAT words from the book "Kaplan SAT Score-Raising Dictionary". It's basically like a dictionary for sat words. A link can be found here:
http://www.amazon.com/gp/product/1427798648/ref=pd_lpo_k2_dp_sr_1?pf_rd_p=486539851&pf_rd_s=lpo-top-stripe-1&pf_rd_t=201&pf_rd_i=1419597116&pf_rd_m=ATVPDKIKX0DER&pf_rd_r=10P0TH4TBVVMTA60WFEP
So anyways, I recorded myself saying these words, and it basically became an audio version of this dictionary/book. One of my classmates noticed and asked me for a mp3 copy
So I was wondering if it's legal to give this to my classmate, because technically it is an an audiobook, and if I give this to him, will I be violating any copyright rules, etc?
Thanks
I am not an expert in this field but i would think that it is a violation of the copy right as you have made a copy of the entire book. You have not done it for profit but that might not be sufficient to protect you, especially since your friend might later give you something in return or might rent or sell the tape to someone else. The Kaplan people might eventually find out about it and then you will get a nasty letter from their attorneys. I think in the long run it is best that you tell your friend an attorney told you not to give him/her the copy.
By the way, your presentation of your question was much superior to the average person who writes to this site. Well done.
If I remove an existing fence and replace it with a new fence that I pay for, do I have an obligation to pay to replace the neighbors gate or to pay for their existing gate to be reinstalled. The current fence and the proposed new fence are completely located on my property. I am replacing wood fencing with vinyl fencing so there is time and expense to have my neighbors gate reinstalled. The wood will not attach to the vinyl and the new post for the neighbors gate would be located on their property.
I think the key question here is why does the neighbor have a gate if it is your fence? Isn't it your gate? I'm wondering if there is an easement issue here.
Can a employer read text messages of there employees if it is a company issued phone
Employees have no right to privacy against the employer on any equipment, computers, phones, etc., or while on the job at work. It is their property.
Yup. It's the same as if you posted it on the company bulletin board. They own it.
I have a problem with my dentist, I paid in advance for some work, The first half is done but I want to cancel the second half. The dentist and the lab have not started on the second half of the work. I asked the dentist to cancel the second half of the work and promptly refund my money , the dentist refused.
What are my rights ?
Thank you .
Linda W.
You should demand refund in writing. If he refuses you are probabaly headed to small claims court. It is very difficult for someone to claim they have a right to keep money for services they arent performing. Unjust enrichment will be your best claim along with that fact that the contract can be divisible...
ok. im new at this and my english is not too good, but i need help on this situation. me and my brother own a condo in colorado that i use to live in, but i moved back to texas and i rented out, well the new tenets noved in july 2011 its a single mother so i was nice to her and told her we can work out the deposit, well i never got no deposit money,, and she is behind a month, las week she send me a text that she is moving cause the condo has mold and the kids are sick,that she was going to fax me the hospital letter and the lawyer letter.. i don't know what to do, and i ask her when is she moving out,, and she said the second week in december, i want her out since she hasn't paid last month and then two more weeks and she is sending me a lawyer. but i don't know what to do,, im planning to go to colorado and ask her to moved out but i don't want more problems, and the condo i need to do a short sale or foreclosed cause i can't afford it and i don't want to deal with the renters
You should hire an attorney to negotiate with the tenant. You flying out and asking her to leave will accomplish nothing. She can just tell you no she won't leave and you cannot just remove her. You will have to go through the eviction process and that could be weeks. You can negotiate now for a written stipulation that could shorten the time to get a writ (the order that allows for removal from the premises).
As to the short sale, you should contact a local real estate broker who has ample experience in this area. Contact an attorney as soon as possible so they can advise you on the tenant and other matters.
Hello. I rented a car in the state of Virginia. I did not buy the car rental insurance because I have auto insurance. I hit a deer while driving the rental car. My car insurance reimbursed the rental company for the damages to the rental car. I have since received a bill from the car rental company for administrative fees, diminishment of value and loss of use. Am I responsible for those extraneous fees? Thank you.
Yes, possibly, one, all, or, perhaps, even none, depending upon the kind of evidence offered to prove the company's loss with respect to each of these elements and within the context of the car rental contract which you signed (in my opinion).
How do I do my divorce with publication? This March it will be a year since my ex left the country due to him running from the law. I am having to do my own divorce because I get disability and can not afford a lawyer. I have my petition for divorce ready. Do I still need to fill out the forms: Rule nisi, consent to trial 31 days, acknowledgment of service and the separation agreement? I also know I have to fill out the affidavit of publication and diligent search but not sure how. All his family is in mexico and his friends wont talk to me. also how do I about getting it in the newspapper? what do I have to do after i file?
You NEED to see an attorney. Let me stress this. First of all, you mentioned forms you claim to have that have NOTHING to do with a divorce by publication. There's no consent to try in 31 days because a publication case CANNOT be heard in 31 days. There's no agreement as your spouse isn't around to sign one. You obviously can't use an acknowledgment of service and probably won't use a rule nisi. In other words, you found a box of garbage that won't get you divorced You need correct paperwork. The affidavit is especially important. If it's deficient, your case will never be approved.
Some attorneys, myself included, will do a "coaching" consult for pro se litigants in which you are walked through the process, helped with forms (or even better, write ones for YOUR case), etc.
If you file what you have now, you'll flush a court filing fee down the toilet. (If you know what you're doing you might even get the court to waive that filing fee).
That help is worth $100 or so. Consider it. Good luck!
am currently renting a shop and running a small bakery my landlord is trying to tell me what hours I can be open can he do this
Only if the hours of operation are set forth in the lease. If you are a free-standing store (as opposed to being in a mall), and there is no provision in the lease, then your landlord cannot limit your hours of operation.
If on probation/parole and asked to supply a urine sample if it is being sent to a lab aren't you supposed to sign/initial a form/label verifying (basically) that it is your urine and you know/are aware of it being sent to a lab?
If you're p.o is sending your urine to a lab aren't they suppose to inform you that it is being sent off?
If you did not sign/initial a form of release or labels can they act on any results they may get on your urine?
How can this issue be resolved?
What actions should be made to go about this situation?
It isn't readily clear why you listed these questions under the term "Legal Malpractice." Do you feel that your private counsel failed to address issues with your UAs? If, instead you're wondering if a positive result in a test for prohibited substances can somehow be eliminated because you did not sign an affidavit, the answer is yes. You or your attorney will need to Move the Court to disallow the previous test, and order a new test. That may not prevent the PO from seeking to have you found in violation of your probation terms, It just provides grounds for you to contest the finding of a violation. Ir might require you to pay for the second test out-of-pocket.
If this an issue or Parole rather then probation, the analysis is different, and there aren't enough facts here to determine the best avenue.
Good luck
There was a house fire to my house on May 27th 2011. I had a friend who never lived with me but had an insurance policy for $20,000 and put in a claim on my property. Her insurance was paid a week after the fire happened. My family suffered greatly losing everything they we ever owned, while she didn't have a pair of pants in my home and was the last one in the home. My insurance company is still investigating my claim and has not paid out anything but $1,000 two weeks after the fire on my claim. We are still in a hotel and will have to replace everything we ever owned. We lost memories as well which is really devastating all because someone's negligence. Her insurance company never contacted me nor did they contact the owner to even prove that this young lady ever lived there. I had a lease and a water bill to get my insurance, what did she have? What I want to know is can I go after her insurance company for paying out a claim that was not supposed to be paid out and is the cause of the delay in my families claim because they see that a claim has already been made since she stated everything in the house was hers. Can someone help me on what to do because this is very stressful on my family? Thank you.
If someone made a claim for property that was not damaged based on a loss they did not sustain then that is fraud on her insurer. I am not clear why that would affect your claim with your insurer, assuming they are two different insurers. If you are the named insured on your policy then someone else cannot make a claim under your policy without your consent.
If you wish to discuss this further, please email me at [email protected]/* */
Law office of Steven B. Pollack
www.FireClaimLaw.com
If I have been falsely accused of a crime, and can prove it, Yet the investigating officer and prosecuting attorney will not listen to me until the trial, Do I have legal recourse for suing the trooper and PA? I was never questioned about the charges and in the police report itself a different person was named. Can I sue? or is there another route I can take to avoid it going to pre-trial? I am a stay at home mother 4 and can not afford the cost of gas and babysitting to get to the pretrial.
It is extremely unlikely that you would prevail in a lawsuit against "the trooper and PA." You should work with your defense lawyer to see whether a trial can be avoided. An aggressive motion practice is a good idea in many criminal cases.
You can read more about criminal charges in Michigan at:
www.AggressiveCriminalDefense.com
You cannot sue until you win your trial. That is how you can 'rove it', even thought the burden of proof is not on you.
I would not be late for any court dates, no matter what the price of gas.
-Tom
You better stop making excuses and make sure you go to your pretrial. They don't last very long and you don't have to plead to anything unless you want to. Bring your kids. If you don't go, a bench warrant will be issued for your arrest.
if i intentionally wreck my car and and a friend gets injured in the process how long do they have do bring charges against me
The statute of limitations is 2 years for most crimes and I can sport at least 3 you've committed. Further, I doubt your insurance company will pay for your car or your friend's injuries. If the do add another felony. Further, if you can't pay for the damages you caused and there's a judgment against you you license can be suspended until that judfgment is paid.
John
I am wanting to move out of state when my children get out of school this year to North Carolina. My ex whom i have my children with is getting ready to go to jail for a year. Do you think that i would be awarded sole custody and granted to move?
Unless there's currently a custody order in effect and/or
other order which requires you to give at least 30 days advance notice
to the father as well as the court of any such move, then you
could move any time without petitioning the court for sole custody or permission to make such a move.
spouce runs you in debt leaves starts a new relationsip with somone else
What is your legal question?
If a lawyer who represented the other party (my childs father) told the judge that the model parental time sharing schedule has changed to include every other wednesday, I am 99% positive he did this knowingly. what can i do since he lied to the judge (which lowered his child support obligation)
File a Motion to Rehear the Modification of Child Support.
Your question is ambiguous but yes you should file for a rehearing. Contact my office for free consultation.
bought car paid cash title is in my name but going to court they say I still owe them
What is your question? If they are taking you to court it means that they think that you owe them money. I don't understand why you would owe "them" (who is "them"? if you paid cash, there is no lender. Do you mean the car dealer?)
What do they say you owe the money for? Is it part of the purchase price of the car? Document fees?
You need to post more facts, but since you have been sued, my advice would be to seek out a consumer law attorney to review your purchase agreement and the lawsuit. This is not a debt collection issue unless you admit that you owe the money and need help to resolve the debt.
Filed Chapter 7 in Nevada.It closed 06/17/2011.Wife has a auto accident settlement that was pending. Informed Trustee of this.How long do we have to disclose this settlement to trustee,like if we hit the lotto or got a inheritance how long can the Trustee collect after bankruptcy close date?I heard one year but not sure.
Filed Chapter 7 in Nevada You only need to disclose pre-petition claims. The one exception is if someone dies within six months after the bankruptcy and leaves you something.
If the auto accident happened before you filed your Chapter 7 was pending then the Trustee may have a claim on the non-exempt portion of your wife's settlement. If the Trustee does not act on or abandon this claim a motion before the bankruptcy Judge can resolve the issue.
My son was charged with indecency w/a child expose in dallas, texas, he is a good kid got sentenced
to 10 years probation. This took place because he was told by young lady that she was an age that
was false. It would seem that you should also be held accountable for lying/misrepresenting yourself for something that you are not, especially when someone elses life is at stake. Now, if that same minor committed murder they would be prosecuted as an adult - but as a minor the law says that a minor cannot consent to sex, sounds like a double standard. There are alot of good men who are suffering as a result of the deceit of a woman - would this make a good supreme court undertaking -
if not, what would you recommend in the defense of my son?
Since your son has received probation that means that he has been found guilty either through a plea bargain or a trial. This severely limits his ability to make the challenge you suggest to some sort of appeal. The other issue is whether there is any proof that the minor lied to him.
If you want to pursue this further, I suggest you discuss this with a criminal appellate attorney.
i took over a business after both partners passed away. but before i did one of the clients had left. now 10 months later he has come and wants money back because he said he didn't get all the services. although the lady that was working here was suppose to have done it, but she quit and he let her keep doing his bookkeepping. So would i have to give hime any money back?
Would seem to depend upon what obligations that you agreed to assume (if any) when you "took over" this business.
There are many questions to follow up your question.
First, what do you mean when you say you "took over" the business? Did you purchase the business? Does someone else own the business, but have you run it? It *sounds like you have 100 percent ownership of the business and I am assuming that going forward. I am also assuming the business is a registered entity like a corporation, llc or llp.
Second, do you know the extent of the services were promised by the business to the client in exchange for money? Assuming you do and also that the client received less than 100 percent of what they bargained for, I think you start with the position that the business owes what the business promised to do. Thus, the business itself could be liable for any services it did not provide to the client.
So long as the business is incorporated, you are *probably not liable individually to the client. There are exceptions to every rule in the law of course.
I think the best advice from a business stand point is to communicate with the client, evaluate their complaint, and try to come up with a workable compromise that is satisfactory to both parties. At the end of the day, you want to keep your clients as happy as possible.
I've gotten myself into a bit of trouble. Two nights ago, my fiance and I were drinking, and a had a bit more to drink than him. We started arguing. He was trying to restrain me to get me to calm down. I thought he was attacking me, so I bit his arm, but I did not break the skin. It was purely an emotional reaction. He called the police, and he told them he needed help getting me calmed down. They saw his arm and arrested me. After a night in jail and $30,000 bail, they want to charge me with felony domestic violence. Now a bit about me, I'm a young mom with a toddler, college graduate, I work 40+ hours a week, I'm attend and volunteer at church regularly. I have never done anything wrong in my life except get a speeding ticket. Before this, I have never been arrested or charged with anything. I'm obviously worried about being convicted with this and jail time, but how realistic is that? I guess I'm just looking for an expert opinion of this, which is just a matter of a good person having a bit too much to drink and doing something stupid. I don't feel I should be a convicted felon for that. That behavior is NOT in my nature at all. All answers and advice are appreciated. I'd like to put my mind at ease because I am very scared. Thank you.
Domestiv Violence is a serious charge. As a Former Deputy District Attorney and as a Certified Criminal Law Specialist, our office has handled 100's of cases like yours. You should contact an attorney in your area, as most criminal attorneys give free consultations, as we have for 20 years. I wish you the very best........David Wallin
You need an attorney with also a good strategy. It may be difficult to dismiss the charges but you certainly can mitigate them out. I suggest besides an attorney you need to look at anger management sessions and so alcohol classes becuase they certainly helped put you in the situation you were in...
In addition to the above it is never a good idea to discuss facts of a criminal matter in a public forum
