in the state of NY i was arrested for driving on a suspended license, but the suspension was lifted before arraignment, am I in the clear?
The issue is whether your license was suspended at the time of the car stop. You have mitigation but not an absolute defense. Please contact my office @7188340087 for a free phone consultation. I will explain your possibilities.
hagstad petition? the cost and process time
to resolution?
It is called a Heggstad petition. It is a petition to have the court declare something that was not originally placed in trust, part of the trust. The cost and time depends on what you want transferred and a lot of background information that you don't provide.
the cost would depend upon the facts of the case. as this is a probate proceeding the case would normally take a minimum of 6 months to reach conclusion.
I am in a 2yr non compete contract with my Employer A. I joined a client C via middle vendor B. My Employer A signed a "6 months to hire contract " with end client C and middle vendor which states that end client has all rights to hire me after 6 months of joining. Now End Client C offered me a Full time position which I am willing to join but afraid of breaching the contract with Employer A. What they can do against me if I breach the contract with them ?
Unfortunately without reviewing the agreements an opinion cannot be rendered (including whether the non-compete clauses are valid to begin with)
The review of these agreements and discussion with you should not be a costly matter. Please reach me at the below contact info:
Roman R. Fichman, Esq.
www.TheLegalists.com │ @TheLegalist
email: Info (@) TheLegalists (dot) com
t e l : 2 1 2 -- 3 3 7 -- 9 8 3 7
Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. No intention exists to create an attorney-client relationship or any other special relationship or privilege through this post. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.
You must have an attorney review all of the documents and advise you. I have fought several of these battles, and the first and most important thing is 'what does the agreement say? what have you agreed to?'
I live in Pennsylvania, my spouse lives in California. We have been physically separated since November 2010.
6 months ago I filed for divorce with a no-fault thru the mail only law service. My spouse is contesting and won't sign. We have no children and no property to speak of. I filed bankruptcy almost 2 years ago to clear my portion of the debt. My question, since he won't sign, what are my options?
Get a lawyer to review what you filed. If your spouse won't sign you may have to wait up to two years in Pennsylvania to get a divorce.
See a Pennsylvania lawyer we save the aggravation of guessing at the rules.
I was given a performance based raise of 10% in mid June and it is now 9-3-14 and I still have not received a penny. Is this legal?
Congratulations! Was it agreed upon or communicated to you when your raise would become effective?
Three years ago I retained an attorney. I payed $2,500 for the retainer. I met with her once for a free consultation regarding a possible divorce. I talked to her once on the phone to tell her I wanted to hold off. I've now decided to go ahead with a divorce. Before I go back to her I wanted to know
Is my retainer still good since there wasn't any divorce papers typed or filed?
Should be. Ask the attorney.
It sounds like you don't trust your attorney to give you a truthful answer. RED FLAG! If you don't trust the attorney, hire an attorney that you do trust.
Read more at www.MidMichiganDivorce.com
The retainer should have been returned if services weren't rendered. If she still has your retainer it certainly should be applied, but she should have given it back after you told her you wanted to hold off.
I agree that the retainer (less work she did perform) should have been returned when you decided not to follow through with the divorce. Even though you did not file, she may have drafted the paperwork or did other work before she received your call, and you could be charged for those services.
In Arizona if an apartment complex goes into foreclosure and is bank-owed and then sold to a 3rd party, does the new ownership assume contracts that the bank signed?
In my case the bank's management company signed a 2 year deal that constituted monthly payments of which the bank's management company paid 6 months. Once sold the new ownership continued to pay for the next 5 months. I then receive a letter of discontinuing service in 2 months. Has the new ownership assumed the contract or is there some precedent that the contract responsibility was transferred to the new ownership?
I'm not entirely certain I understand the full facts here, but what type of contract did you sign? Generally speaking there is no guaranty that contracts rights, duties, obligations are assigned or delegated. Also, generally speaking, there is a breach of contract action against the party you originally contracted with under a theory called privity of contract. Finally, in general, a duty to pay can be transferred, and so long as you are receiving payments from the new party you would have no action against the original contracting party. However, every contract is different, and these are just some general concepts. Without a full understanding of the situation it is difficult to provide any type of specific information to your situation.
can I sue in small claims a tattoo parlor for tattoing my minor daughter in California? Do I sue both the shop owner and/or the tattoo guy? What are all the damages?
It is a crime. Turn it over to the police.
It is a misdemeanor for any person to tattoo or offer to tattoo anyone under age 18. (Pen. Code, sect. 653.)
I was caught shoplifting a 7 dollar belt from six flags and i was told i was gonna rreceive a civil demand letter should i pay it ,if i dont will it go on my record or stop me from being employed
There are two different issues here
Criminal charges
Civil demand
Most lawyers recommend not paying the civil demand. It can be used against you later if criminal charges are brought... Most of the time you won't get sued over the civil demand because it is so small...if you pay you end up in retail theft databases as well
If you get charged criminally that is where it will be on your record permanently and cause issues
Stop stealing and see if you can learn from this
There are two different issues here
Criminal charges
Civil demand
Most lawyers recommend not paying the civil demand. It can be used against you later if criminal charges are brought... Most of the time you won't get sued over the civil demand because it is so small...if you pay you end up in retail theft databases as well
If you get charged criminally that is where it will be on your record permanently and cause issues
Stop stealing and see if you can learn from this
There are two different issues here
Criminal charges
Civil demand
Most lawyers recommend not paying the civil demand. It can be used against you later if criminal charges are brought... Most of the time you won't get sued over the civil demand because it is so small...if you pay you end up in retail theft databases as well
If you get charged criminally that is where it will be on your record permanently and cause issues
Stop stealing and see if you can learn from this
There are two different issues here
Criminal charges
Civil demand
Most lawyers recommend not paying the civil demand. It can be used against you later if criminal charges are brought... Most of the time you won't get sued over the civil demand because it is so small...if you pay you end up in retail theft databases as well
If you get charged criminally that is where it will be on your record permanently and cause issues
Stop stealing and see if you can learn from this
There are two different issues here
Criminal charges
Civil demand
Most lawyers recommend not paying the civil demand. It can be used against you later if criminal charges are brought... Most of the time you won't get sued over the civil demand because it is so small...if you pay you end up in retail theft databases as well
If you get charged criminally that is where it will be on your record permanently and cause issues
Stop stealing and see if you can learn from this
If you don't want a criminal record, don't commit crimes.
Whether or not you pay the 'fine' the business will demand, they can still file criminal charges and prosecute. If they do, hire an attorney. If they file charges, that WILL be on your record, so will any conviction or plea bargain that results.
Wife filed for divorce in another city
We both live in KY but she moved out about 8 weeks ago to another city and is filing there. Should I get a local lawyer in the city that I am in or would it be more of an advatage to get a lawyer in the city it is being filed assuming this does not go to trial?
Re: Wife filed for divorce in another city
It would be more of an advantage to obtain counsel from an attorney with whom you feel most comfortable representing you. You can hire counsel from the town you live to represent you in another city if that attorney is willing to do so. I would suggest that you speak with attorneys in both cities and hire an attorney you feel is the best fit for you.
Good luck.
It has become crystal clear that there are some who give answers on this page who do not even understand the definition of the words "vital information" when it pertains even to their field of expertise.
would JOB HISTORY fit?
or NUMBER OF AVAILABLE JOBS IN THEIR FIELD OF EXPERTISE?
how about JOB APPLICATIONS IN THEIR FIELD OF EXPERTISE?
POST HIGH SCHOOL EDUCATION?
I apologize my crayon font does not work here, so just imagine bright colors! ok?
Even obnoxious jerks deserve legal help so I will try to answer your nearly illiterate and very childish question. First off, it is you who does not understand that the words "vital information" have no useful or real meaning in Family Law, or law in general for the most part. The only meaning they have in the law is as a synonym for vital records, or vital statistics which are kept by public agencies and include births, deaths, marriages, etc. I guess they might have meaning in a medical malpractice or personal injury case, but really not as legal terms - they would be used in their medical meaning in that situation.
Apparently what you mean is "relevant information." The law deals in relevance not "vitality."
So, to answer your question as it should have been asked, which is whether those types of information are relevant, the answer is "maybe." It would depend on what kind of proceeding was pending in the Family Court and what issues were in dispute. The only proceding that the specific information you list would be relevant to would be a hearing to charge a spouse with imputed income instead of their actual income for child and/or spousal support purposes. In that kind of hearing, all of the things you list would usually be relevant. Of the four categories of information you list, however, I'm not clear what you mean by job applications in their field. If you mean job applications filed by the other spouse, that would only be relevant after a find work order had issued. If you mean number of applications compared to number of jobs in the field, that would be relevant to a vocational evaluation which must be conducted by an expert witness. Without it being presented by an expert in jobs and hiring, most judges would not allow it into evidence even though relevant.
Lastly, even though a jerk like you doesn't deserve it, I will go the further step of noting that this seems to relate back to a previous question as to wether it is "useless" to submit "vital information" to the judge. The first issue in answering that question is whether the information is relevant. It is always useless to submit irrelevant information to the court. Without knowing what the proceeding is in the court an what the disputed issues are, it is impossible for any attorney to even begin to say what would or would not be relevant. The information you mention above would be irrelevant unless there is a motion pending to impute income to one spouse rather than take actual current income for support purposes.
Even if relevant, it is useless to submit information that is not admissible evidence under the Evidence Code.
Lastly, it is usually but not always useless to submit information that is untimely under the rules of procedure for the type of proceeding in question. Some judges cut a little slack, others don't.
It is always useless to submit information if there is not even any pending proceeding at all. That especially includes submitting after a ruling against you has already been issued, unless you qualify for a motion for reconsideration (which are almost never granted because the evidence must not have been previously submitted AND it must not have been possible to submit it at the original hearing).
Now, say you're sorry for being a ranting jerk to all the nice lawyers and go back to your crayons. And if you want to ask anymore questions, try asking Miss Mary Ann to help you write coherant ones next time, so you don't have another tantrum and remove any shred of doubt we may have as to why you are in the middle of a divorce.
Was this a question or a rant in the form of haiku?
ROFL! but, nah, that's not haiku. Way too many on (only 17 on in haiku), no kigo at all, and seems to be almost entirely made up of kiregi instead of having a single defining kiregi.
In California Family Law, is it possible that a ruling made on custody and/or visitation issues be thrown out at *any time* after it was made? If so, under what specific circumstances could this happen?
What is the point of your emphasizing "*any time*" in your question and then asking "if so" under what circumstances? If it could be thrown out at any time, you wouldn't need specific circumstances. You need to post a new question that more clearly states what you are talking and asking about.
How many witnesses do I need to make a codicil legal? 2 or 3?
You need 2 witnesses who are not beneficiaries.
I was driving down the road and heard a noise and pulled over. I thought it was a tire being popped and it turned out to be a piece of metal. A piece of metal went through my car on the passenger side lucky no one was on that side but now I have damages to my car, basically a hole in the bottom of my passenger side on the floor. I had my 14 month old son in the car and this is defiantly not safe and I want to know what to do.
I am not sure there is anything you can do unless you know where the metal came from and if someone was negligent in leaving it in the roadway. I suggest you turn this matter over to your automobile insurance carrier and let them open a property damage claim to handle repairing the damage to your vehicle.
Hi:In 2010 i settled a defamation case in Florida. The agreement was that neither the defendant nor i post any statements about one onother publicly. I recently discovered that my attorney,a total incompetent,who was my reason for settling the case for no money,slipped a clause in the agreement stating that neither the defendant nor i can publish anything about our attornies also. Is this valid?
That sounds unusual, but unfortunately I can't answer your question (and I don't think anyone can), without first reading the agreement. I suggest that you take it to an attorney and have them review it.
Me and my husband are separated and i have the two kids. I want to move to Michigan with them and no one has filed for a divorce yet. How long do i need to be in another state before i can file there?
All states are different. In Florida, you must reside for 6 months before you are considered a resident. Once residency is acquired the Michigan, courts can then exercise jurisdiction upon you filing a petition for dissolution.
It's been almost a year now since my husband has lost his job and we had to let my dad take physical custody of our 3 children for threat of being homeless. Unfortunately, my father hasn't been co-operating with me with visitation and speaking with my kids. He slyly refuses to let me be a part in any of their lives, and as a mother, I feel as if I should have the right. I live in the state of Virginia, and as I have yet to find a job, I know I'm not financially able to care for them still, but I would like to know what kind of rights I have as a parent and what I can do to enforce a compromise with visitation and being involved in my children lives.
File a petition with the local J&DR;court in the locality where the
children currently reside as a "person with a legitimate interest" under Va.
Code Sec. 20-124.1 in securing your appropriate visitation rights
with your children under the facts as described.
A man pleaded to a charged of Gross Sexual Imposition and was accepted, allowing him to not have to register as a sex offender as part of his plea. He has been to jail in Florida and Massachusetts released without having to register. But as soon as he moves to California he is forced to register. Why would this be if stated in his plea he does not have to?
Another state can't make a plea deal term that violates California law.
can my spouse take my car from me if we divorce its in his name but i have made all payments plus a 1200.00 down payment
Anything purchased during the marriage is community property and you each own one-half of any of it. A court will need to order who has possession.
A local tax collection agency informed me I had incurred a late penalty fee for not filing on time. I had recently gone through a divorce and the late filing was due solely to my ex-wife's negligence. I sued my ex to pay the late fee. While waiting for my case to be heard, the tax collector wrote back and said due an error on their behalf, they were waiving the penalty fee. By them waiving the fee, it rendered my case against the ex-wife moot. But I had already filed a petition against the ex based on their faulty information and consequently incurred legal fees. Would I stand a chance at recovering legal fees from the tax collector due to them supplying me with bad information?
No. Legal fees are not generally recoverable unless authorized by a statute or rule. The facts here do not suggest that your ex-wife did anything which would cause her to be liable for YOUR attorney fees. You are the one who chose to sue her. And you do not explain why you owed the tax but chose to rely on your ex-wife to file.
I am a Turkish citizen. My family moed to US 27 years ago. I was in jail for a couple of months 15 years ago for assault. I never had US citizenship and was asked by the FBI to assist them in exchange for US citizenship. I refused and I was told to exit the country or they would bother me. So I came to Turkey almost 2 years ago. I was told my police file need to be cleared before I could re enter the US. Now my mother who lives in the US has cancer ans I want to go back to care for her. If we prove this do I have better chance of re entering quicker. My father, sisters and kids are in the US.
It will depend upon the charges and will depend upon how you wish to enter the US - as a visitor or as a potential immigrant.
if a child is given up for adoption with out the permission of the other parent, how long does it take for the child to be returned to the other parent?
If you are the Father you have to protect your rights and file to protect them with the Court.
My girlfriend is poking holes in my condoms in an attempt to get pregnant. Do I have any legal recourse if she does get pregnant?
You have no legal recourse. You of course do not have to have sex with her. Any idea that you would even theoretically have a claim would be undermined by your knowledge that she pokes holes in your condoms yet you continue to have sex with her anyway.
If she does get pregnant, you would be obligated to provide child support.
i got a speeding ticket and the section sub section box was filled out with code 1180B. Is there such code? i looked everywhere and that code is like it does not exist. I there is not such code does the ticket get thrown away?
Speeding under the VTL is sec 1180. Your case will not be dismissed if either the sec of law or the wording "speeding " is included in the summons. The law only requires that you are aware of the offense . That is the case here. You may contact my office @ 718-834-0087 fore more info.
In a automotive accident if the driver of the car at fault is not the owner who is lliable for the damadamage to car not at fault
Both the owner and the driver of the at fault car typically are liable.
The at-fault driver is liable for the damages he caused. However, if he was a permissive user of the vehicle then the owners insurance would cover. If he was an excluded driver under the policy of the owner then his insurance (if he has any) would provide liability coverage. The only way the owner of the car could be held liable is if the at-fault driver was on an errand or mission for the owners benefit. (Again, we're mixing apples and oranges when we're talking about liability and coverage) More details about all of this can be found in our 24 page publication, Motor Vehicle Collisions: A Victim's Handbook - Ala ed. It can be downloaded free from the publications page of our web site: www.botelerwolfe.com Hope this is helpful.
I had my child support case since 1999 and so far Child Support Dept. hasn't been able to collect anything from my ex-husband. The case is between Maryland because he lives there and me who lives in California. I have explained to them so many times that my ex- works he is a dependent contractor and he has managed to have the company that he gets jobs from writes the check to his helper. There must be a way to catch him. Please tell me what else can I do to have this case resolve and for my ex to pay what he owes my daughters.
It may be time to consider hiring a skilled family law attorney to embark on more aggressive discovery to justify not only the collection of back support but additional enforcement measures that can coordinate with collection in Maryland. If the support case was originally out of Maryland, you should contact an attorney in that jurisdiction and in the county where your ex lives as a starting point.
I was pulled over at 145 a.m at night. The officer reason of pulling me over because he said i threw a cigarette out the window. I don't smoke at all, he also said as well i was speeding 20 miles over the speed limit while he was following me Which was a lie. So i told him he saw the car i was driving and was profiling me.then he said i failed to maintain my lane that i was riding on the white line at 145 a.m at night. I was not ask was i tired, have i been drinking etc etc. So he wrote me a ticket for failure to maintain my lane the offer profiled me and had to write a ticket. Can this ticket be dismissed.
If it was dark and you were travelling at least 40 mph, how can you be sure the officer was profiling you?
"I am still married but live in the state of Virginia while my wife lives in West Virginia. My question is that I have my son in VA with me and would like to keep him here now if she comes down here to get him and I refuse can I be charged with anything legally to where I have to hand him over to her since we are still married? We got married in West Virginia if that matters.
Giving information to someone over the internet explaining that this is ok could cause great liability. You need to hire an attorney and have confidential conversation. I assume there has been no custody, visitation, support order in the past. No protective orders? These are important issues. Attorney Sheryl Shane. Web: www.sherylshanelaw.com.
My childs mother burnt her with a cigarette and admitted to smoking around her. We are going through a custody battle and along with her just being arrested and sentenced to probation for dui on drugs what are my chances of gaining custody until i have someone go and check her residents and until she gets help this is not her first run in with drugs its just the first since she has had my daughter. what can i file or do? she is also showing up really late and i have filed multiple contempts of courts im just awarded makeup time. please help!
YOu need to contact the Department of Children and Family Services and/or Child Abuse Hotline in your area. An investigation will be made and if the child/children are in danger they will be removed. You can get a copy of that report and use for your case in court to get full custody.
charged with burglary and theft of a liqueur bottle. im innocent but there is one witness saying it was me committing the act is that enough evidence
It can be, if the jury believes it. You should probably get a lawyer.
One witness, if believed by the judge or jury, is sufficient to convict.However, good cross examination by an experienced criminal trial lawyer goes a long way in creating reasonable doubt.
My property is at the back of an elementary school and shares the West and South side of the school fence put up before we bought in 1990. The water dist is interested in purchasing the 1 acre lot on the South side to put in a well and pump house. It also needs to purchase 1/3 acre on the West for an access road. The detailed map shows our fenceline on the West to be off by 20-30 feet on what we considered our property. Landscaping, irrigation, and many large beautiful trees are along that side, in both front and back yards. I've gone to Sac Co. Assessor's parsel viewer and it shows our parcel to be larger than the one that was sent to us. I know the old adage you can't fight city hall but I feel almost being forcefed this after all the years and time maintaining and enjoying it. Any established boundary, implied boundary, boundary by agreement, adverse possession, or anything else to righting this wrong.
Thank You, Mark Mitchell
I think your first step ought to be an accurate determination of where the property lines are. My suggestion would be to get a couple of bids from local surveyors with experience in doing urban lot-line locations for possible litigation needs. With modern techniques, surveys are relatively inexpensive and pretty accurate, especially when the surveyor is working in familiar territory. Provide the surveyor you select with all the information including parcel maps, but most important, the legal description from your deed.
There are some legal theories that might be worth investigating if the survey results are unfavorable, These include 'agreed boundary' and 'easement by prescription' and others, but in an urban setting judges are more likely to adhere strictly to the deed descriptions.
Although I agree with Mr. Whipple that you should get a survey to know where the exact legal property line lies, he seems to be forgetting that you are dealing with a public entity owner on the other side of the line. You can't acquire public property by adverse possession or any other equitable method the way you may be able to do between private owners. So whatever the survey shows will be what you own and don't own, end of story.
I agree with Mr. McCormick, in that you cannot gain title to property from a public entity by way of adverse possession.
You can't rely on a tax assessor's map to figure out where the boundaries of your parcel are. You have to rely on the boundaries as set forth in the legal description in the deed by which you took title, and have it surveyed.
I have a concern for my fiance, he is about to turn 18 and he has a spring break for two weeks he is still in high school, his mom has told him that if he comes up here with me that the child services will be involved but that thing is, is that he will be 18 at the time that we go to get him will his school affect him coming up here for the two weeks because of his mother?
Once he is 18, he will legally be an adult and not in the legal control of his parents, but he should consider that he still lives in his parents' home and is, I would assume, financially dependent upon them. Ultimately he can make his own decisions, good and bad, but the wisdom of adulthood isn't determining whether you *can* do something, it's determining when you *should.* Always ask what the price of your decision is going to mean, on every level. If his parents are so adamant he not stay with you over Spring Break, tread carefully. Relationships with parents and especially in-laws are hard to mend once broken. Find a balance between independence and respecting his family's concerns. You both have your whole lives ahead of you, your paths will be much easier to travel if you learn that wisdom sooner rather than later.
My mother is 80 years old and lives in Macon, GA.
She sent my 83 yr. old father to Walgreens store #6950 @ 1280 Gray Hwy., Macon, GA 3121 to put in a roll of film. He went back to Walgreens the next day, April 17th, 2012, to pick the developed film up and was rudely told by a female that the film has been lost. When my Dad asked for the manager, she said that she WAS the manager. My sick mother is very upset about the loss of her film because it contains many special final memories of several family events. My poor father was told that a newly hired person did something to the machine and then that someone had to fix the machine. He was brushed off and this has been the most unprofessional interaction with Waqlgreens that my family has ever encountered. I have asked for an investigation and search for the film and don't know whether the employee was poorly trained or carelessly destroyed the film. Does my Mom have any legal recourse?
Perhaps for a roll of new film. It may be bad service, but most likely in the paperwork or posters in the store, it is stated they are liable for nothing more than the film. This is always a risk with film.
She has the right to the cost of a new roll of film, which I am sure the manager has already offered.
If you pursue this in a polite way with their corporate office, besides looking for the lost film, I suspect Walgreens would give you a small gift certificate.
Pursue it, in writing, to the highest appropriate level at Walgreen's corporate office. Since it involves seniors, I am sure you will get satisfactory results.
What's the least amount of time can
You get for a 209.b
Kidnap for the purpose of any of the listed sexual offenses in Penal Code 208(b) carries a life sentence with the possibility of parole. They would be eligible for parole in 7 years. That is their minimum eligibility date before they could face the parole board and beg for release.
While your maximum is Life, there is no minimum. You could get anywhere from NO JAIL to the maximum. Now would be a good time to seek an attorney. Call an experienced law firm and go over all your facts and let the expert advice you. I wish you well.....David Wallin
My ex-spouse is planning to move out of state, from AL to either FL or TX (she hasn't decided), and is taking my kids with her because that's where her current boyfriend will be working. I don't know if they will be living together, but that's her usual style. There are no decrees against moving out of state, but there is a decree against having an unrelated member of the opposite sex stay overnight while the kids are present. Will the court in AL uphold this decree and can they prevent her from taking my kids and moving in with her boyfriend or would I be wasting time and money to fight her decision?
Assuming she has custody, she is required to give you written notice and at least 30 days to object to her proposed relocation plan. The notice must be detailed and offer a proposed revamped visitation schedule.
Without knowing your personal lives or history, it is safe to say that a person in your situation (with no remarkable strikes against you) should definitely fight this.
i live in an apartment in a not so great neighborhood. If a person were to forcefully break in while my fiance and I are here what is the law on killing that person?
Simply put you have the right to defend yourself and your family from intruders, including deadly force, if necessary. That said, you would be dealing with a serious investigation, anytime a homicide happens.
I filed chap. 7 bankruptcy and was finalized, however my case has been continued due to my assets being negotiated and distributed to my creditors. My attorney ignores me now due to the ongoing case and extra work he didnt expect. He doesnt even send me my upcoming hearing appointments. I have to find out by calling the court.
Of course, this is beside h is unethical practices but is he allowed to take the Finacial Management Course for you? Which he did, and does for all his clients including my brother.
No, he cannot take the Financial Management Course for you. You should ensure that nothing false is filed in your name with the court.
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I listed a classic car for sale on Craigslist on my mothers behalf on Weds night. Thurs. morning a man viewed car, I informed him it was my mothers car and she was going to sign paperwork before going out of town for possible sale of car this weekend, He then said he was interested and left 1k deposit. I wrote on a scrap paper acknowledging that I received a deposit and signed my name. Later that day he emailed me thanking me for meeting/ selling the car to him and he would arrange to finalize sale on Sat. The changing it to Fri and then has since changed the day to Mon or Tues. This being Sat now, my mother has changed her mind about selling car and feels as if she is selling herself short of what she could get and would rather hold on to car longer. I understand a email exchange is considered a contract, but my question is, if he never interacted or met w/ my mother, the title owner and I did not legally go through steps to obtain the proper documents to sell on her behalf. Can he Persue through court for sale still?
Yes.
Anybody can sue anybody for anything.
Winning is a different issue.
Next time handle things properly with a detailed written contract, not scribbles on a scrap of paper.
Depending upon what was on that paper, he may or may not be able to win. However, if she sells the car to someone else, all he can sue for is his deposit, and you would be well advised to return that to him immediately with a letter saying the owner never agreed to the sale, and the deal is dead, sorry for your inconvenience.
The neighbor claims they have an easement for a sewer lateral through our backyard. It was not found during our title search, or our land survey. What legal right do we have to place a fence on the easement that may or may not exist. They won't show us any proof of the easement.
1. You can put up the fence whether or not there is an easement. All an underground easement allows for is the right to dig in case of need.
2. The fact they refuse to show you any proof is an indication that they are lying, but only an indication. If it is not on the title search it does not exist.
I would go ahead and put up the fence, which I believe is what they are really trying to stop, and let them prove it, in court if necessary.
Do yourself a favor and put up a reasonable fence. Look around the neighborhood and put up something in line with what the other neighbors have. They are already against it and if you put up some monster of a fence it can be attacked on those grounds.
Look at your title POLICY. I would disagree that it does not exist if it is not on the title search, since title searchers and abstractors have been known to miss things. Even if it is not on your policy, it may still exist, but you may be able to make a claim for damages against that title insurer. In any event, discuss the details of your situation with a real estate attorney, so that he or she can review the relevant documents and understand your situation in a little more detail.
Does a police officer have the right to search you when pulled over for a traffic ticket
Depends on the circumstances of the stop.
The police need probable cause to search.
I had been treated for azma for a couple of years and given inhalers from my doctor, my breathing started getting worse I got to the point where I couldn't walk across the room without sitting down because of shortness of breath and exhaustion and chest discomfort, then I started gaining weight or so I thought, I went to my dr one day and told him I couldn't breath and I seemed to have gained weight all of a sudden, he gave me a breathing treatment and came back and asked if I felt better, I said no, he said to just keep using the inhaler, I left there and went to emergency, as soon as i told them my symptoms, they came around and looked at me and rushed me in and hooked me up to machines, it appears I have congestive heart failure and was admitted, I was told if I hadn't come in that day I wouldhave died, my doctor is my my daughters family dr as well, he apologized to my daughter and said none of the tests he did on me indicated any heart problems with my heart, well here's the kicker, this all happened in august, well i picked up all if my medical records and to my disbelief, there in my records from his office that a test done in may found o had a heart
Disease and an enlarged heart, i looked this up of course and it said that left untreated it would become severe enough to cause heart failure...., I don't think to this day he knows that it was a heart disease that he left untreated, also when I walked out of his office that day, my oxygen level was 60 and my blood pressure was 80/60, and my heart function was 15%, I know have to take meds for the rest of my life and my heart function is less than 30, I have not told my daughter any of this, I really don't know what to do. Any advise would be helpful
I am sorry to hear about your situation. You have posted this under legal malpractice however, which has nothing to do with your potential claims for medical malpractice. You should consult with an attorney who specializes in medical malpractice immediately.
If you are claiming medical malpractice, your claim must be supported by the opinion of a doctor who is a 'qualified expert' in that field of medicine, who is prepared to testify in court that there was medical malpractice, meaning the treatment fell below the acceptable standard of care, and that such negligence caused legally recognized damage or death. Neither your opinion about malpractice, nor mine, is relevant nor 'proof' of malpractice. Consult with your other treating doctor[s] to see if they are willing to provide that opinion and testimony, or you can contact independent experts for that purpose if your treating doctors say there is negligence but they won't testify. I can provide referrals and assistance if necessary. If you obtain such an expert's testimony, and if you determine that you have a case with MERIT [provable malpractice and a likelihood of winning], VALUE [substantial provable damages] and COLLECTABILITY [defendant with substantial assets or insurance], then you would have proper grounds to bring your legal claims in a lawsuit. Keep in mind that you have only one year maximum from 'notice' or learning of the suspected malpractice to bring suit.
what happen if someone has probation an violated 3 times and was arrested before in califoniasan mateo county
Its always impossible to predict what's going to happen in a particular case and you have not provided nearly enough information to even try.
My father passed away in August, in his will it states; "I give, devise, and bequeth all of my seperate property to my three beloved children (the will then proceeds to name the children)". Within my fathers seperate property exists a Certificate of Deposit. The beneficiary of the CD is my older brother who refuses to release the two thirds of the CD to my sister and I. Since he was the sole beneficiary, do my sister and I have a right to 1/3 each of the CD?
Thank You!
The beneficiary on any life insurance policies, CD's or other financial contracts typically prevail over the will and pass outside of probate. However, you should certainly speak with an attorney regarding the probating of the estate.
I Pre-Payed to have a casket shiped San Antonio to Leland MS (EMPTY)
6 Miles before delivery SAIA Motor Freight said I had a passed due
balance on another shipment.They did not deliver the casket for the
viewing.They picked the casket and got payed for delivery knowing they
were not going to deliver it.
Wow. That really really makes me mad too! You should have immediately filed a lawsuit and got a Court Order requiring them to deliver the casket ASAP without delay, then gone after your damages and attorneys fees. How did you handle it? Did you have to purchase another more expensive casket at the last moment? The reason I'm asking is to get some idea what your out of pocket damages might be. I think I know what you emotional/mental anguish issues were! If the documents are in order, I might be willing to take your potential lawsuit against the delivery company on contingency fee, with you just paying the Court filing fees. I might add however that sometimes on common carrier transportation companies, their potential damages are limited by a Federal tariff agreement taking away some of your potential legal claims or recoveries. I'd have to review the documents and check into that first. Please contact me if you would like a no obligation consultation by phone on this matter. I'm sorry you had to go through that.
I was recently hired for a school district job. I signed papers, attended an orientation & gave a two week notice to my current employer. It is a school district job in California, with union representation by CSEA. A week and one day after I signed papers & attended the orientation, they called & rescinded their job offer & stated that it had nothing to do with me & that they could put me on the sub list & there are other jobs coming up that I could apply for. This HR rep again reiterated it had nothing to do with me but could not disclose why. I lost my current full time job & benefits (my husband is disabled but recovering from West Nile Neuroinvasive Disease) and I am just wondering if I have any recourse?
If it was a private company, I would say absolutely yes, there would be at least the potential for a recovery. Unfortunately I am pretty sure that a public school district is immune from suit for this. You could check with CSEA to see if they have any say in this.
what is the statute of limitations on a one year contract
Generaly 4 years from the date of any breach
My 17 year old daughter was named as beneficiary on an investment her grandmother left her and her father was custodian. He has taken all the money out of it without her knowing and put into his 401K. But he has no proof it is actually in his 401K Is this actually legal in Illinois. Can he be made to give it back?
Potentially yes. Assuming this was truly a gift made properly pursuant and subject to the Illinois Uniform Transfers to Minors Act, the father as custodian was supposed to leave the investment separate from his own money although he would have had a right to apply both income and principal to his daughter's support without regard to his parental duties. He may have thought that putting it all together in one place might be better for investing, but that violates the Act. He could set up a trust for her and transfer it to the trust, but that is apparently not the case, and a 401K that may have his daughter as a beneficiary is not the same - the trust must be "qualified". He is entitled to reasonable compensation for services as a custodian but as a parent/custodian that compensation would most likely be negligible. The daughter can apply to a court for an accounting and to remove him as custodian. More facts are needed to determine an appropriate response and strategy.
I am in need of a divorce or innulment form my husband who lives in a different country
In what country is your husband located?
Is your husband in agreement to get divorced?
When and where did you got married?
Do you have minor children born or adopted from this marriage?
Can a witness for the DA that doesn't want to go to court write a letter to the judge instead of going to court, if its noterized?
No. Many witnesses don't want to testify. That's why subpoenas were invented.
In some extreme situations, a witness might persuade a judge not to make her testify. Those situations are rare. And the procedure would be a formal motion, not a letter to the judge. The D.A. would have an opportunity to oppose the motion. And you would need to make a very persuasive argument, showing not just that you want to be excused but that the law says you shouldn't be forced to testify. If the D.A. followed proper procedures and has a legitimate reason to call the witness, the court would almost certainly deny the motion.
A more promising option may be to ask the D.A. to excuse you. It probably won't work, but it might.
No, because it does not afford the defendant the right to cross examine and face the witnesses who will be testifying against him or her.
If my girlfriend and I (also female) get married in Illinois, where gay marriage is legal, will our marriage be legal in our home state of Kentucky?
Not as of today.
There is a pending case in the federal court of appeals that will eventually make it's way to the Supreme Court of the United States that could change this outcome, but that could be several years away.
When i 18 i had sex with 2 minors which i regret now im 20 and am getting blackmail i was wondering what kind of trouble i can get in
You should document the blackmail. You might have an ai ornery contract the people that are trying to get money from you (or their parents). To get them to stop.
Good luck
I am an unmarried father living in CA. I would like to relinquish my parental rights and petition the court to have my child's last name changed to her mother's last name. I have had a close relationship with my daughter in the past, but we recently had a serious argument and the relationship is no longer repairable. Is it possible to relinquish parental rights and would that end a child support obligation? Can I petition the court to change my daugther's name against her objection?
1. No, not unless she remarries and her husband is willing to adopt her. 2. Yes, as long as her mom agrees. You and the mom control the name.
Can having a judgement against me over a car accident go against me when i try to buy a home? Im in texas
Yes, it can show up on your credit report.
