I have owned a daycare center in a church facility for the past 8 years. I have now closed the center as of Jan 31st and donated the equipment to the church. I was just made aware that the church reopened the center effective Feb 3rd under my old daycare license, with my old employees and customers. Is that legal?
The cannot use your company name.
hello i have joint child custody of my kids since 2007 but their mother kept them away for over 2 years and finally lets me be with them. so for the past 7 months they are with me 4 to 5 days a week, but now the mom is trying to keep them away and says i have no rights. does the order from 2007 still in effect? would she of had to go modify it? she tells me its void since " i was gone for 2 years"
Unless the court order had a termination date or was modified by another later order, the order you reference is still in fill force and effect. You may want to assess if that order needs an update. If the mother is unwilling to work with you on reaching a new agreement, than it seems best to consider filing a motion to return to court to address these ongoing parenting problems.
Your old order remains effective unless there has been a modification. I would suggest that you obtain a consultation with a family law attorney to understand your rights and how to exercise them. I simple letter from an attorney may be sufficient. Also, if you have been having your kids as often as you state you may wish to modify the order to reflect the timeshare and schedule that you have had for the las 7 months. Good Luck, Pat McCrary
I work at a golf course and we allow groups to bring outside food for their functions or tournaments. We have a kitchen and restaurant at the golf course. my questions is could we be held liable if some one becomes ill from the food being brought in from the outside, since we have no control of the food in its preperation, transport, storage and service.
You are only responsible if you act negligently. If you do nothing at all other than permit the food to be brought in, then you should have no responsibility.
"You need to draft and file a QDRO. This can be a document with very technical wording that needs to be cleared by the company controlling your ex-husband's retirement. Once the company approves the order, you then submit it to the court."
Thank you for your response...that being said, is this something that I can do on my own..is there a specific format? Again, I am not in the best of financial positions right now so any advice on the easiest/most affordable way to proceed is appreciated...
Each financial institution requires their own format. Again, contact the company that controls your ex-husband's retirement and ask them for assistance.
Good luck.
Alan Nye
I have a friend who recently admitted to under the influence while already in PROP 36. Her PROBATION OFFICER is new and appears to be a controll freak. The judge did say that she will still be in prop BUT she is still in jail (2 weeks now). Her PO said that she will NOT BE ABLE to get her personal belongings and that HE was going to drive her to a hight secure treatment program of HIS choice with 24/7 lockdown and for ONE YEAR in durration. He said he does not want her to be free. .She really believes that her PROBATION OFFICER IS A PERV and way to wrapped up in her case. (He has told her and me that she is his number one priority).DOES SHE HAVE ANY SAY IN WHERE or HOW SHE GOES FOR TREATMENT AND CANT SHE AT LEAST GRAB SOME UNDERWHERE OR SECURE HER STUFF????? H E L P
Since only an attorney can speak for her in court, no hints and tips you may receive here are going to do her the slightest good, except for the advice to hire her an attorney to take whatever action is necessary to protect her. If serious about doing so, feel free to contact me.
There are at least two kids, one teenager, and 4 adults living in the 2 bedroom appt next door. Is that legal?
Probably. California law is fairly liberal as to allowing high occupancy vs. zoning laws, etc. that attempt to limit occupancy. Ultimately, it may depend upon whether they are members of the same family or are unrelated. Another question might be whether it is a violation of their rental agreement or lease.
ok so i had my car parked on the street the car that was parked behind me was hit and smashed into my car, the car that caused the whole thing pulled off. luckly i was able to see the car and find out the drivers information. its been almost a month and my car is still not fixed.im really fustrated with this whole situation ive been tossed back and forth. His insurance company claims they can not pay for my car to get fixed yet because they are still waiting for the other 2 cars total cost of damage. i just dont under stand why cant they just fix my car i do not have full coverage on my car so the option of having my insurance company to fix it isnt avaiable. Is there anything i can do as of right now. i am a snigle mother and i don not have extra cash to have my car fixed.
The simple answer is that the liable party has a policy that covers a certain amount of property damage that he causes to others. If the insurance company has to pay for 3 cars in total then the chances are that it will go over his policy limit. In that case, they will divide the entire policy up between all the vehicles that were damaged and pay a portion of it. You will likely not get full compensation for the cost of repairs (if the policy is exhausted before all the cars are paid for) and may have to sue the adverse driver personally in either small claims court or civil court, depending on how much money is still owed to you. That is a headache all in of itself. Wish you all the best.
Michael Krigsfeld, Esq.
If your damages are substantial, hire an attorney at an agreed retainer reasonable to you. Otherwise, initiate a small claims court action in the country where the defendant who caused the accident, resides.
Presumably, you do not have collision insurance of your own. If you did, your carrier would pay to have your car fixed and look to the offending vehicle for reimbursement. Your options here are to wait for the other carrier to pay or, if the repair costs are less than $5,000, to go to Small Claims Court. In Small Claims Court you will need either a certified paid bill for the repairs, or a live mechanic to testify as to how much the repairs will cost. An estimate will likely not be enough evidence. Best, M. E. Zuller
Can your workplace after six years of employment ask for your driver license and insurance information. I rarely run errands on company time, 1-2 times per month. I have a clean driving record and am fully insured it just seems weird to be asked now by the controller and not the general manager.
Probably, maybe they have a new insurance company or something. If you want to learn more about your employee legal rights check out our blog at www.takethisjobnshoveitblog.com.
The city of Isanti just gave me a 1 day notice saying they are putting in sidewalks, taking out my bushes while doing so. So they said if I wanted to save bushes...I would need to move them tonight. Don't they need to give me more notice than that?
Hello. Certainly you may contact a private attorney for immediate, emergency nature legal help. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.
My daughter's live in boyfriend kicked her and their 7 year old son out after 11 years. She has always been a stay at home mom. He is now saying that he wants their son and, from what I've been able to research on the Internet under Ttile 10, sections 104 and 106 of the Oklahoma Code the unmarried mother has full legal custody and is in full control of minor child. She has no money, no car, no job. She has been actively looking for work and has a home here with me until she can get the child support ordered and know how much money will be ordered for child support. She has already applied for low rent housing but has to wait until there is an opening. She is getting food stamps. We have tried to work this out with him so that he can take his son for weekends but he won't sign papers giving her full physical custody and joint custody. The only stipulation is that neither parent can remove him from the State of Oklahome without written permission from the other parent. He has told my husband, my daughter and myself that he is going to take Camrynn and move back to Houston. He is not a US citizen and we're afraid that he will take off with him to El Salvador. What can we do? I don't have the money for a lawyer and neither does my daughter, can you give us any advice? I am sending you the agreement that I sent to him so that we could get this settled peacefully for my grandson's sake.
We, April Boone and Irving Fernando Amaya, do hereby agree to the following:
Sole physical custody and joint legal custody of said minor child, Camrynn Joseph Amaya, is given to mother, April Boone. Joint legal custody and reasonable visitation is given to Father, Irving Fernando Amaya. Reasonable visitation is as follows: Every other weekend and alternating major holidays. Father will have visitation on Father's Day and his birthday. Parents will agree to share major holidays with one having Christmas Eve and the following Christmas Day to the other parent. With reasonable notice of 48 hours, Father is allowed to arrange Special Occasion visits. Both parents will agree to follow the reasonable visitation schedule. Father will also agree to pay half of all school clothes and school supplies as needed for minor child to attend school and half of any expenses for extracurricular activities. Parents agree they will NOT remove minor child from the state of Oklahoma without written permission from other parent. Father is allowed to call minor child any day between the hours of 9:00 a.m. and 9:00 p.m. daily.
Can you agree to this, Irvin, so we can get this over with? We want you to see your child and have him.
I sent this to him on June 20, 2012 and he won't agree so we have not let him take him without my daughter being present because he has threatened to leave with him.
Please give me any advice you can. Thank you!
Sincerely,
Louawana Henricks
405-485-4233
He has told her that she doesn't stand a chance of keeping her son because she has no money, job or home. Is that true?
I will try to address your issues as simply as I can.
In Oklahoma a biological father and a biological mother are both presumed to be fit parents to have primary physical custody of the minor child.
The agreement you sent to him has no legal authority and the only way your daughter can get legal custody of your grandson is through the court systems.
Is the father legally in the United States?
My office offers payments plans to those who qualify.
For a free consultation call or email my office.
- sb
405-824-9116
[email protected]/* */
i have a harley davidson motercycle and i took it to the harley house to get i worked on and the were test driving it and wrecked it. it was 1700 dollars in damages. they said they would fix everything but it is now a wrecked bike. should i get something extra out of the deal?
You should be "restored," so to speak, and yes, that would involve some compensation for the fact that you now own a "wrecked" bike.
You can expect the Harley dealer to have a different belief about this, though, and you'd probably have to sue him to get what you're entitled to.
When selling a car to someone n they damage it n then stop paying upon taking the car back r they liable for the damages
Yes, you can sue in small claims court.
what are the chances my friend will go free for assaulting a police officer
here is what happend
On April 11 I reported my sexual abuse / rape to the college police. They took it well and cot the man that betrayed my friendship and fooled me inbelive he was a good person! After they cot his ass we went to the state police center. I was questioned and he was too. Now I had a mean female cop tell me they try there best and that becuase there was not alot of eveadance I couldn't prosecute him and that I should not press chatges and enjoy this A's a learning experience.
This made me depressed and angry A's I walled out 11 of my guy friends followed behind me . Now not watching where I was walking and setting my bag down I was in the middle of a high way crossing. Next Evan grabed my hood and pulled me back violently as a truck zoomed past me. I never saw it conduit. I told them what she said and they where pissed! So they dragged me back and caused a couldn't out brust. This pissed off the female detective cop and not only this Evan and his stupid mouth says " she also tried to kill herself!" I didn't do such a thing I wasn't lookin! So alot of bullshit went on then they 302 me to a hospital!
THIS IS WHERE THE PART IM GETTING ARREST NOW FOR!!!!!
- a woman cop comes in and is about to step on my new 400 phone! I scream out please don't step on my phone please. She doesn't hear me so I kick out to kick the phone out of her reach mean while I hit her shin! This makes her very mad so mad she grabs my hair and yanks me up to the point I can't touch the ground! I scream let go please let go let go!!! She says move it bitch! And drags me but becuase I could move fast she grabs most all my hair and yanks me faster out two doors and to a paddy wagon. She mashed my face down and then tossed my legs up over my head cracking my neck not only this but my knee banged into the metal door. Now my hand cuffed hands get cot in the feet vice grip next to me and my left wrist napped all the way back cracking. ( it's neaver damaged now can't move my thumb) I scream out my hand broke I can't feel it ! She and her partern luaght A's they drive off.
Now TODAY! I'm arrest for attacking her with a kic but she also says I tried to spit and attack her when I was held to a chair and handed cuffed already. Come on that's unfair and a lie! Now my court hearing is april 2 wish me luck cause this is not fun!
You need an attorney. If you want to contact me to discuss free of charge you may reach me at [email protected]/* */
Supposed too be out on feb 17th.but had a winter storm come through n.c.had state of emergency. Couldn't move till the following weekend.will they give me time too move.
Unfortunately, don't have enough information to answer but I can give some advice based on some assumptions.
If you have lost a Court hearing and are being padlocked out, if the Sheriffs show up unfortunately, the snow will not stop them. If the landlord asks them to stop, they will...you need to speak to the landlord.
If you are just leaving at the end of the lease, you need to call your landlord and see what you can work out.
What are bands? Such as Band A, Band B, C and so forth?
Your question is not specific enough.
Hi!
My neighboors tried to break into my house after I gently asked them to calm down their kids. "Breaking" included - breaking and kicking the front door, yelling at me, insisting on
opening the door ("my parents are pissed off - open the door"), calling me "bitch" when I refused to open the door. Instead of opening the door I called the police. Police promised to
"talk to them". Is it possible to charge my neighbors for these illegal actions? (e.g. home invasion or burglary attempt?).
Thank you
NO. The police can charge them, but people do not charge other people with crimes in California. That's all done by the local prosecutors in conjunction with the police. But you can sue them for $$$.
The DA is the one who has discretion of whether or not to bring criminal charges. That starts with your report to the police, and any investigation that they do.
What are the exceptions to offeror revocation?
You need to provide some factual detail because your question is incredibly vague.
I have six kids and i want to know if i try to put three of them in cps then will cps try to keep the other three?
You seem to need to learn more about CPS. You do not "put" children in CPS. CPS can take control of a child and place the child. Placements include relatives, friends, and foster homes.
CPS is not a place to place your children. You might be considered to have abandoned them and that could have consequences for the other three children.
There are services that can help you if you are having trouble with your children. You might try your church for suggestions, if you have one. Also, you can call CPS and see if they will refer you to some of the services that they use. I have never had anyone try this, so I don't know if it will work or not.
Good luck.
I live in Ohio a car dealership sold me a car and told me it had been approved for financing but when the thirty day tags expired they told me I was not approved for financing and to return the car is there anything I can do.
In Ohio, it is a violation of Ohio Revised Code Section 1345.02 to make a material misrepresentation during the sale between a supplier (like a car dealer) and a consumer.
Violations of the consumer sales practices act carry with them the possibility of double damages and attorneys fees.
If I was determined sober at the scene of an accident, can the police form an investigation and come back and blood test me weeks later, leading to a change in verdict?
They've lost their opportunity to blood test you. A blood test weeks later won't show whether or to what extent you may have had any substances in your system at the time of the accident, so I don't think you have anything to worry about.
Our house is 15 years old and the whole neighborhood has windows that have failed. We have 32 windows and maybe only 3-5 have not failed yet. There is some type of a fungus between the panes in the windows. I was told by JMC that they can not do anything that it is past the 1 year warranty. I was then told that the window company is out of business due to this issue of the fungus. Do we have any type of recourse?
Thank you
You say the house is 15 years old and you say the whole neighborhood has the same problem. I'm assuming, although you didn't say so, that this is a tract development and that the windows were put in 15 years ago when the homes were first built. If that's the case, you probably don't have much recourse unless you can argue delayed discovery and hold the original builder liable, especially if the window company is out of business. In California, there's a statute of limitation for "latent" (hidden) defects of 10 years at which time almost all construction defects claims are barred. I would suggest you consult an attorney as soon as possible to see if there may be some additional facts in your case which would allow a claim.
For someone who bills himself as "Builders Law Group" Nick should know that the 10-year statute is NOT a statute of limitations; it is a statute of "repose." The difference is that once a statute of repose deadline passes, the date of discovery or even the date of injury are irrelevant. ALL claims for construction defects regardless of nature or cause are barred after ten years. The only exception is if the plaintiff is somehow induced not to sue within the time limit by fraud or duress.
Had a relationship with two brothers now both want to be the father of the child. I only want one but the other already signed the birth certificate and is in denial of the other wanting to be the father. If the other one is the father how can I go about changing the name on the birth certificate? or what do I need to do?
You need to talk to an experienced family law attorney in your county. You have a complex problem that cannot be fix on an internet website. You need to sit down with an attorney and talk to an attorney in private about your options. Please do so immediately. All the best to you.
Does your divorcee lawyer have to be one from the county your filling the divorce?
A lawyer licensed in the state in which you are getting divorced can be the attorney. A lawyer licensed in a state can practice in any county in the entire state.
We have auto repair shop and we have lease till August 2014 , but our land lord give us 5 days to move .beacuse his rent was late one or two times a few days beacuse the business wasn't good but we payed . What we can do?
We are in Gwinnett county Georgia.
Other than negotiating something with your landlord, all of your rights (and obligations) are in your lease. Have a local business attorney review the terms and advise on your options.
Can they take my tax refund and apply it to child support?
I have money taken out of my paycheck every month to pay for child support. Some of that money goes to pay the $15,000 of back support and doctor bills that I was also ordered to pay. Since I am current with the payments, why should they be able to take my tax refund? What do I need to do to fight this?
The tax return was taken to pay the back support. I doubt that there is anything that you can do.
I filed for an uncontested divorce. My husband lives in New york. We have no community property , minor children and no marital assets or debts. He signed a waiver of service. How long does it take once your attorney files for a default judgment before the judge signs for your divorce to be final.
Once the paperwork is filed and the default granted you are divorced. The judge should sign the written judgment upon presentation.
Are their legal forms online that are valid for a grandmother to attain legal guardianship of a grandchild? Father is a deadbeat dad who does not want child nor pays support. Mother (my daughter) is facing legal situation which may or may not incarcerate her. I have supported and claimed as dependent her entire six years of life. I am not wealthy and would like to obtain the necessary forms if possible on line.
Doubtful but the state supreme court has some forms. Check their website. I suggest that you not try this without an attoney.
My previous nanny took pictures of our baby while working for us, she is now using those photos to promote her web site with out any consent from us? How to we her to stop using our babys pictures?
Absent any signed agreement by you to do otherwise, you will want to request that she remove the images from the website. If any questions or concerns, contact an attorney of your choice.
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Shawn Jackson ESQ. (707) 584-4529
Business Development Attorney EMAIL: [email protected]/* */
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www.CaliforniaBusinessDevelopmentCenter.com
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I live in NJ. I previously was in an abusive relationship which ended with him being convicted of multiple offenses against me, (assault, harassment.) I was also granted an FRO, which remains in place nine years later. I've moved on with my life but was recently told that he moved to an area near me. I would like to change my name to avoid being so easily found but understand I will have to publish a notice with my name and current address in a local newspaper as a condition of the petition. I know NJ has reversed course when it comes to victims of DV in this regard, but how can I communicate my concerns to the judge before the hearing? I understand the only thing I will receive with the docket and court date will be the notice to publish, giving me little opportunity to discuss my hesitancy in publishing publicly in a local paper he may see. Thank you!
Given that you are self represented I will stick to the basics. You need to make a motion to the court (a written request asking for relief). Your motion should be under seal (hidden from public view). In your motion -at the beginning- state that your are a victim of domestic violence etc. and why you need to keep your name change from public view. Ask the clerk to make it under seal or ex-parte. Lastly, you may want to consult with a family law attorney or try an organization that protects protects women from DV for guidance. Best wishes.
I had a fingerhut credit card that I stopped making payments on 2 years ago because I lost my job, etc. Today I get a call from Midland Credit. They say they bought the debt from Fingerhut. The bill is $525.00. Midland says they will set up a payment plan for me of $25.00, but they want my checking account or debit card information over the phone so they can auto -deduct my $25.00 payments every month. Is this company legitimate, and is it unwise to give them this information? I'm from PA.
Midland is a large debt collection company. Get their offer in writing along with the payment terms. The other option would be to offer @ 50% in one payment to clear the account.
See my answer to a related question:
NO! Don't do a payment plan! Midland is legitimate - they are a junk debt buyer.
Attorney Artim and I have slightly different perspectives on this - he is a litigator and focuses on litigation. My experience is not to litigate these things but to try to resolve in a non-litigation context. Which approach you take depends on your circumstances, your income, your assets, your other debts. Neither Attorney Artim or I or any other attorney knows about this without speaking to you so its not possible to recommend one approach or the other.
.Assuming that the Fingerhhut debt is indeed your debt and was truly purchased by Midland, I could resolve it for you for approximately 40% to 45% of the balance on the debt if you are able to come up with a lump sum payment of that amount and want to get this resolved..
If you don't have the funds or if warranted by other circumstances, I would take more of the approach outlined by Attorney Artim. I agree that you should not give them your bank information. Pay the money to yourself and wait and see. If Midland sues, then contact Attorney Artim and prepare a defense. If Midland does not sue in another 2 years (they only have a 4 year period which begins to run from the time of your last payment to Fingerhut), then you are free and clear. The debt might be reported on your credit for awhile longer, but chances are Midland might simply delete this account and not try to collect. That has happened to several of my clients.
However, I totally agree with Attorney Artim that you should never enter into a settlement agreement or payment arrangement without first getting a written letter outlining the essential terms. Once you have that, I would recommend that any payments be made via money order or certified check. Payments should be sent to Midland at their physical address (not mailing PO Box) via UPS/FedEx or certified mail, return receipt requested. You should always make a copy of each money order or payment you send. This all takes work but if you do it correctly, you will protect yourself in case the debt ever resurfaces as often happens.
If you are interested in resolving the debt in a non-litigation context for a reasonable fee, please email me at [email protected]/* */
If the balance is $525 - I can get them to settle for 40% to 45% as I indicated if you have the funds.
do I have to still pay rent while my place is under construction due to a fire
It depends on the degree to which your occupancy is disrupted. If you are entirely displaced, you owe no rent. If you are merely inconvenienced, you owe partial rent in an amount proportionate to the portion of the unit you are deprived from using. Of course if you caused the fire you are liable to the landlord for loss of rent, so its a wash.
What is a man charged with if he has sex with an underage prostitute in California? Is he charged with PC Section 647(b) for prostitution or PC Section 261.5 for statutory rape or both? Or is there a different PC he is charged with?
He would certainly be charged with 261.5. He may also be charged with 647(b). A creative DA will probably come up with a couple of other charges also.
My son was arrested 4 months ago and is being charged with attempted murder in which he did not commit.The man who was shot 9 times in the leg survived and said the shooter had fired the shots from inside his car but was unable to identify him. However there was a witness that says it was my son and his car. After the Sacramento P.D and all the detectives conducted their raid, the 9mm gun, Air Walk tennis shoes, black Dickies pants, and a chain wallet that belonged to the shooter was not found in our home. As well as them confiscating his car to check for gun powder was never found and returned back to us.On what legal grounds are they able to hold my son in custody with a million dollar bail? It was no bail at first and now they set it at a million and continue to postpone his court dates,
That bail is not unreasonable considering the fact that he is accused of attempted murder. Is there any particular reason why your son has been in jail for four (4) months and he does not have a lawyer?
Is it legal in New York State for a store owner to purchase merchandise from a different grocery store and sell it at their own store for a higher cost?
As a Franchise Attorney I can say this. They have to sell it at their store for a higher cost, otherwise they won't make a profit. Sales price, minus cost, equals gross profit. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
Hi I became an american citizen and now I want apply for my children passports.They have 13 and 15 years old and they have a green Thankscard.What documents do I need to bring for applying for their passports?
Pursuant to the Child Citizenship Act of 2000, you just need to file form N-600.
Please refer to the USCIS website for details on how, what & where to file:
http://www.uscis.gov/files/form/n-600instr.pdf
I just found out my gyn failed to prescribe progesterone with estrogen therapy. I now have a large cyst on my ovary and will have to have a hysterectomy and ovary removal. Do i jegalgrounds to sue this gyn?
Only If you have another doctor who states that the failure of your doctor to prescribe the medications, which he should have done, is the direct cause of your subsequent medical treatment. Seek counsel from a medical malpractice attorney.
I own a home. My cousin has been renting it. No lease. How do I ask her to move out?
She doesn't return phone calls.
Look at the AZ Landlord Tenant Act, you must give her 30 days' notice that you are terminating her tenancy and that she must return the premises to you. After that, you will have to initiate legal proceedings to evict her.
Went to a medspa for a chemical peel. Nurse put the chemical on my face then proceeded to leave the room and never return. My face was on fire and I had to track down another nurse to remove the chemical. After removal it was still burning so nurse put a sulfa based cream on my skin even though I am allergic to sulfa and noted it on all paperwork. So now my face has permanent scars from the burns. What options do I have?
You seem to have a viable claim. I will be interested in representing you.
You may have a good case. Have you seen another plastice surgeon? You should retain an attorney.
Your options are to do nothing, or sue. Most medical malpractice claims are initially denied, and require a lawsuit. When claiming medical malpractice, your claim must be supported by the opinion of a 'qualified expert' in that field of medicine, who is prepared to testify in court that there was malpractice, meaning the treatment fell below the acceptable standard of care, and that such negligence caused legally recognized damage. However, it is pretty clear what happened, you should have no trouble obtaining an expert. Keep in mind that you have only one year maximum from 'notice' or learning of the suspected malpractice to bring suit. If serious about pursuing this, feel free to contact me; I'll be happy to help you
I owned a firearm and a co-worker/friend of mine wanted to purchase it.I didn't know the correct steps to take so I called the gun store from where I brought it from and when I asked how do I sell it they replied you can sell the gun yourself you just have to transfer ownership.So I sold the firearm first and planned to get together with him on a weekend because we worked different shifts to go to the gun store and complete the transfer.Before we could make the transfer final I had a bad breakup with my wife and lost contact with him.Much later the gun came up during a crime,turned out the gun was stolen from him,and was traced back to me.We went to court and the end result was on Nov 28,2012 I given 5 years probation,$733 fine,and a class3 felony.I'm currently unemployed and since then I have had over 10 job offers but as soon as they hear the class3 felony I get told the company has a policy on people with felony's.My mistake should have nothing to do with my ability to do a job but this F3 is an employment death sentence and preventing from moving on with my life.My question....Is there anything I can do like paying a higher fine,requesting additional probation,and a lifetime ban on the ability to purchase a firearm to get an expungement right away and get the felony out of my background so i can get a job somewhere.Also if I cannot how long must I wait before applying for it?
Too long for e mail
No charge to speak on the phone.
215-370-2608
Www.saulhsegan.com
Call to discuss
Good luck with everything.
Felony charges can never be expunged from a criminal record. You essentially would have two options.. First, once you complete probation you could file for a pardon. These are very time consuming and are difficult to get, but not impossible. The second option would be to seek a modification of sentence. In general, you are already outside of the timelimits to file such a motion, however, some counties will let you file outside of the timelimits if the DA agrees. I would suggest that you consult with the attorney that represented you to see if that is an option.
My son was involved in an at fault auto accident. My insurance company offered 30k to settle but the injured party wanted 40k., my insurance would not settle so now we are being sued. My coverage in 100k/300k with 50k property damage. My insurance company now informs me that I have a chance of having to pay out of pocket above and beyond my coverage.
so my question is do i hace a case against my insurance carrier? I feel thay should have settled
Your insurance company has a lot of room before you will ever have to pay out of your pocket. Yes, they possibly could have offered more, but you never know, yyour ins. co. may have gambled and won by chancing it and going to trial..
If they refused a settlement demand that's within your policy limits, they are liable for the entire amount of any judgment no matter how high. Otherwise they would be gambling with your money (think about it) and the law won't let them do that.
Just wait and everything will be settled. Yes, the insurance company has taken the chance by not settling within the policy limit and most likely would have to pay the entire judgment against you if the case is not settled within the policy limits. You still have a duty to cooperate with you insurance company so be patient since the insurance company has the right to fight the case so long as it does not prejudice your interests. They know that they will have to pay it all if the case ends up in a judgment over the policy limit. Most likely this will go away way before any trial if the difference of opinion regarding the value of the case is only $10,000.
If you have to pay anything out of pocket after your insurance company refuses a settlement demand within policy limits, your insurer will have committed insurance bad faith. The other answers that you need to cooperate in the meantime and that this will almost certainly go away without you paying anything are correct. But if it really comes down to you paying anything, give me a call. I'll be happy to discuss taking your case for no money until we collect.
Tell your insurance company that by law if a plaintiff offers to settle within policy limits, and the insurance company refuses, they are on the hook for an entire judgment, not you.
I would also request that they provide you with an independent counsel, because it sounds to me like they are trying to defraud you.
It is they who are on the hook, not you!
The previous answers are excellent. I strongly encourage you to speak with one of those attorneys or any other attorney competent in this insurance legal area. There are nuances and subtleties that should be navigated with caution. Contact my office if you seek an additional opinion or representation in this matter.
I am no longer under lease in my apt. After talking with property management and finding out they are raising my rent without notice and them charging me 100 more because I have no lease. I am choosing to move. They are saying I must give them 60 days notice and I was wondering if that was correct or is 30 days an option.
If your lease had ended (and if had not automatically renewed) and you were paying your rent monthly thereafter, you are required to give notice one period ahead. That is if rent was due on the first of October, Notice of your decision to terminate on September 30th would be effective for leaving October 31st. If you give Notice on October 2, you are obligated to pay rent through November 30th. Check your lease. Although it may have expired, it might still be effective as to holdover time and other terms of your otherwise month-to-month lease, after the termination date.
Good luck
I asked for a child support modification in 09. My ex tried to sue for custody. Instead of going to court we agreed to have a social study done.
Since then his lawyer was not able to draw up an order which we both agree to. My ex kept trying to add more things. In Jan 2012 I tried to talk to him to see if we couldn't come up with and agreement. We did, or so I thought until he tried to add more things.
I just found out he is wanting to do an updated social study because he wants custody again.
I know child support is different then visitation and though they are intertwined they are not the same.
My question is this: can I get child support finalized now? I know his income has increased, and went to the OAG's office first. He would also be 2 yrs behind in retro when this is over with (if I get the full amount now) I want to get child support finalized now, then we can deal with the visitation/custody issues we have. Is it possible?
Thanks
The solution to your problem is simple.
When you can't make an agreement, you set your case for trial. Any issues that are before the court (custody, visitaition, support) will be heard and decided.
My 32 year old son, 30 year old daughter-in-law and their 2 children moved into my home after a job loss. My daughter-in-law borrowed my vehicle and totaled it. She received a DUI and a wreckless driving charge. Now my insurance company says that I am required by NC law to put my daughter-in-law on my insurance policy. Is this so?
Insurance coverage is complicated when there's a car accident with a driver using someone else's car. Typically, insurance "follows the vehicle" as long as the owner gives the driver permission to use the vehicle. (Also, every policy has exceptions.) If someone else is driving your car with your permission and has an accident, the primary insurance is your policy. If this coverage is not enough, then the driver's insurance policy could be used as secondary coverage. Did your daughter-in-law have insurance? Was she regularly using your vehicle or was this an exceptional use?
Members of a vehicle owner's household are automatically covered with or without the owner's permission. State laws may affect the case depending on where the accident took place, where your daughter-in-law's permanent address is (You mentioned she moved in, but is her residency still active in another state?) and where you, the owner of the vehicle, reside.
Let us know if you have questions for our North Carolina car accident lawyers.
877-BRENT-ADAMS
www.brentadams.com
I'm on community control and have one month left, then a year probation. My doctor prescribed me valium and some antidepressant. Well I ended up going in some random store and stole a pair of pink shorts. I don't even like pink and this stage of my life I have no intention of doing something like that... But I did. I can barely recall the incident just certain moments. I know this is going to violate me and I don't know what I can do. I have two children under two and they are everything to me, I just don't understand how or why I did this. Please help
I'm not sure what help you are seeking on this kind of forum, but the best thing you can do is get yourself an attorney. You are going to be facing serious jail and/or prison team due to violating your community control, not to mention the theft charge itself. It's best to protect yourself now by getting representation.
I live in Texas at present and want to move as I have been offered better jobs in both Florida and Alaska. There is temp custody and he has supervised visitation and is not working. I also have a 2 year protection order against him as well as his now ex wife having one as well. Can I go ahead and move and file in my new state or must I wait for the final order to be done?
No you cannot move with the children. If you leave, the children must stay. The Texas court has continuing jurisdiction over the children. You instead must have the permission of the court, and it should be in the final order. A temporary ruling is not sufficient to effect such a significant change.
I work for an adult daycare, my job is to knock door by door through out the city limits and offer our services. Can I or the company i work for get in trouble for recruiting clients into the business?
No. It isn't illegal to try to sell stuff to people. Although some people do get annoyed at door-to-door salesmen.
Can an apartment building tell a tenant, legally, that they can not move out on weekends?
If it is in the rules and regulations, yes.
Mike.
following divorce that states property was to be listed for short sale, sale is now down to wire and x spouse refuses to sign docs. Any recourse?
The judge has the power to have a clerk sign for the ex-spouse. You need to call this to the judge's attention, perhaps via an ex-parte appearance. If you need, and don't get, a more detailed answer, perhaps re-ask under a divorce or family law topic heading on LawGuru.
In addition to having the judge appoint the clerk to sign for your ex spouse, nothing gets things moving in family law like filing an affidavit of contempt, and having the court issue an Order to Show Cause re: Contempt.
My daughter was taken from her mom by florida child services, I went thru the hoops at court and now have my daughter. My ex and I were never married and she now lives in an alcohol treatment program at the rescue mission.there is no visitation order and she has not seen our daughter since last Jan and spoke on the phone last the day after mothers day. Can I leave Florida and move to Texas, the child services ladies said I could.
Totally disagree. You have to file a petition to relocate out of state and get a court order prior to moving. Contact my office for free consultation 727-446-7659.
It would depend on what type of court order you have concerning your daughter. Do you have full custody, if so, then yes.
Do employees have to get involved in a class action lawsuit against thier company ?
No.
Certainly not as a party. An employee might be obliged to "get involved," however, to the extent of giving testimony at a deposition or trial, usually in response to a subpoena.
Can I sue the man who was driving drunk and killed my husband who was his passenger in the backseat? He also killed another one of his passengers and is now facing 2 counts of manslaughter.
If your husband died as the result of the drunk driver's negligence, you can file a lawsuit against him in your own behalf, and perhaps on behalf of his estate, if you are appointed personal representative of the estate. You should contact an attorney as soon as possible, since the law imposes certain limitations on the time available for you to file these lawsuits.
I am a service tech in NJ.
I come into the office every morning, get my truck and go out to do my job.
At the end of the day I leave my last job site and head back to the office to turn in my truck and get my car to go home.
If I leave the last job site at 5:00pm and don't get to the office until 6:00pm I feel that I am not on my time yet and should be getting paid for the one hour drive back to the office.
My boss refuses to pay for the drive back to the office.
This brings up 2 questions
1 - Is what he is doing legal or must he pay us for the drive back
2- If it is legal then what happens if there is an accident on the way home? Since we are not on the clock would we still be covered by workmans comp?
Since you seem to be saying you must drive that company truck, which you get at the office and return at the office, all time you are driving it is work time. So you should be paid for that time, and overtime rate too if over 40 hours a week. And even if you are paid piecerate you should be entitled to overtime. Check out my website overtimelaw.com for more information or send me an email leongreenberg at overtimelaw.com
You:
Answer 1 of 1:
You need to provide a little more information, What is the attorney protecting the witness from?
We:
Secret Access Key: kF7bJqZKt4
Second Message:
The witness knows about a crime. The witness can not disclose information until knowing how the protection will be. The witness can be in serious danger. MWG is sorry for this approch, we understand the impossibility of giving from you the information (so important) requested by us. We thanks anyway. We will think in other ways.
By the way, it is excellent the ssl page to make exchange of information with LAWGURU.
One more time, Thanks!
MWG Dec.16, 2011
Witnesses have a duty to society to testify truthfully regardless of the perceived peril. Just as any citizen can be drafted to serve in the military and ordered to fight the enemy, any of us can be called upon to do our duty as witnesses. If it were otherwise, all of us would be at the mercy of criminals and thugs. An attorney can do many things to protect witnesses from retribution. When you consult an attorney individually, he or she will keep your information strictly private and confidential and will suggest an appropriate course of action which could include 1) trying to persuade the prosecutor not to call the witness; 2) asking the court to limit the scope of the witness testimony; 3) objecting to improper questions asked of the witness.
Be brave. Don't empower thugs to make you live in fear.
If and illegal person do a voluntary deportation is
She /he can still return to US if they will petetion
With a US citizen person ?
If you accrued 180 days or more of illegal presence prior to your departure, then you will face a statutory bar to re-entry for either 3 or 10 years, depending on the duration of your unlawful presence.
Furthermore, only a U.S. citizen "immediate relative" (spouse, child over 21 or parent) could petition you. You cannot be petitioned by just any U.S. citizen.
If you have been deported from the United States either voluntarily or forcibly by an Immigration Judge and/or Immigration and Customs Enforcement ("ICE") and/or Customs and Border protection ("CBP"), there are many legal mechanisms and methods for you to return to the United States.
For example you can always file a Motion to Reopen or a Motion to Reconsider (even if you are outside the United States) and you can always file petitions that you may be eligible for regardless of whether you are currently outside the USA.
Furthermore you may still be able to attack criminal convictions collaterally that resulted in your deportation proceedings and clean up your criminal record.
In some cases if you file a Motion to Reopen or a collateral attack on your Criminal Conviction through a successful Motion to Vacate, you might be able to persuade a Judge to issue you a subpoena so that you can testify personally in your Immigration Proceedings or even in Criminal Court, either federal, state, or local if you can persuade the Judge that your personal testimony is absolutely essential in furtherance of justice.
For further details, information, and a free consultation to see if you qualify, please call our law office at (212) 968-8600, toll free at (866) 426-5628, or email us at [email protected]/* */
I have been doing this for more than 11 years and I know what I am doing.
Thanks and best regards,
RDM
my son was charged with burglary with battery never been in trouble before he is 22 years old do you think he will get prison time in florida
Yes, a person charged with burglary/battery "scores" prison. It is possible with a good attorney that the court may depart below what your son scores. As you can see, it is important to get an attorney as soon as possible.
when is a debt considered time barred in the state of florida
Generally, with a written contract, 5 years and oral contract 4 yours, all with certain exceptions.
I got a marijuana possession charge in decemeber in virgina i was drive up from florida where i live to see family and i got 24 hour community service and 4 drug test but i didnt get any paper work for the hours or a place to send the drug test and when i called hte ocurt house today they said i wasnt in the system i gave them my SS and DOB and name and she said they only keep virgina residents in the system. does this mean i still have to do what i was asked i havent heard from them in anyway since the court date which was in january
You need to contact an attorney in VA immediately. You may have an outstanding warrant that needs immediate attention. Do not delay.
I received a certified letter from district attorneys office, what can it be?
Open the letter.
Mike.
if I work 2 hours then get sent home how many hours am I entitled to get paid?
It depends on your "regular" shift, which can be nebulous to define sometimes. The law says if you are called in you must either work or at least be paid for 1/2 your "regular shift."
Can an S corporation own stock in a C corporation?
Yes.
can DCF use cases that were thrown out in court in 2007? Also , can they use it to remove children from their mothers home and place them with the Ex husband and his sister legally ??As a safety plan?!
Once you are in the system DCF can always use stuff from prior cases. Contact my office for free consultation 727-446-7659.
Hello,
I now live in New York, but was divorced in Texas where my son and my ex still reside. My divorce documents state that I must keep my child on my health insurance policy. I have no health insurance for myself, as I am a veteran and use health services provided by the Veterans Association. I have tried several times to get a policy just so that I can get my child health coverage. Unfortunately every insurance company says I cannot insure my child under my NY health insurance as long as he is living in Texas. In the past my ex has placed our child on her health insurance policy (I still pay the premium) through her current employer, but will be cancelling it shortly and is demanding that I get him coverage despite my predicament. I just got a job with full benefits that should cover my child as well, but I wont be eligable to recieve these bennefits for three months. She will be canceling her insurance policy in less than three months, and I am not sure what my options are. I am trying to get information/suggestions, and try to make sure I dont get into any legal problems. Thank you for your help.
When ex's insurance is canceled, the son should be provided COBRA coverage. You would be responsible to pay for the COBRA until your insurance coverage is eligable in three months time.
Mike.
what is the penalty in Georgia for selling class 4 drugs to an undercover officer
If you have specific questions or concerns regarding a felony charge, feel free to contact us at: www.rousecolaw.com
You should retain aggressive representation as soon as possible to protect your rights or the rights of your loved one.
Best of luck,
whatever the judge indicates the penalty will be. there are no class four in GA. I suspect that you mean schedule 4 drugs. The penalty for a sale will be harsher than a possession charge, and IF you sold to an undercover, I suspect that you may have been a target. You probably need an attorney. See website for info on retaining the right attorney: www.lawrencelewispc.com
There is no such thing a4 class 4, but you could face years in prison and should have already obtained a criminal lawyer.
I have a final divorce agreement. Its been 18 months and I am remarried. I also have split custody now since my ex wife hit our son. I have been chastized many times for signing this agreement without an atty. I need real help to see if there is any hope of a reduction or elimination of the alimony I am paying. I was married for 21 years. My ex wife makes around $18,000 more a year than me. She has always made more than me. I am ordered to pay her $885 a month alimony for 15 years. The agreement states I can not have this changed if she remarries, or cohabitates with another man. She is living with another man now and has been for a month. Am I stuck with this for 15 years because of my stupidity?
You will need to have an attorney review the agreement and divorce order to see it there is any way to eliminate the alimony.
I have a tenant who let a homeless guy shack up with him. The tenant that we rented to is behind in rent and is willing to move out and relinquish the keys if I give him $200. What about the homeless guy who does not have a key and does not get mail at this address. Can I lock him out or do I have to go through the courts to get him out?
I think the tender of the premises by your actual tenant is sufficient for you to change the lock. If that does not work, then you would need to file an ejectment action which is much more complicated than an eviction. Seek legal help.
Could not close on a home because we lender's could not give us a commitment letter, in the end the loan was denied. After almost 3 months of doing everything that was asked of us and spending money and the lender telling us that approving would be no issue. We have now cancelled the contract and given the lender's letter of denial with it. We had put money down and now the seller only wants to give back half of it, how's this legal?
It depends on the wording of your contract.
I recently had my child support increased to the point that I am paying 90% of the child's total support in accordance with the Virginia guidelines. My ex is reporting that she is disabled but not yet collecting SSI. Is it reasonable for me to ask the court to be able to claim the child as a dependent on my taxes rather than her's?
Why, of course, what's holding up your request (keeping in
mind that it is an IRS rule/regulation which normally determines such matters)?
I'm producing a documentary film about a musical theater show. For me to include portions of the theater show in my documentary, I know the writer of the musical compositions will need to sign a master use and/or sync license for the songs. The performers have signed a standard 'personal release' for me to use their image and audio. Do the performers that sing in the show need to sign any additional music releases? How about the band members playing the music? What about the screenwriter of the play? Does he need to sign some type of form?
The wisest move would be to get releases from everyone.
Hi, I m thinking to get divorced. I have green card since November 2011 and never worked in USA. I have two kids, 20 months old and 1 month old breastfed baby. I have no income or any assets with me. Can you please let me know what financial support I can get from my husband or government after getting divorce. Before marriage I signed premarital agreement. tnx for your help!
What your rights are incident to a divorce would depend on the premarital agreement. If the premarital agreement is valid and legal then your rights may be severely limited. With that being said, you should definitely speak with a lawyer in your area to receive a consultation for what legal rights you may have if you were to file for a divorce.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
For the last year I rented a house with three roommates (one of the roommates parents owned the house) in Florida while the landlords lived in California. We moved out August 1st, and we have no heard anything back about our security deposits. The landlord's kid, one of my old roommates, wanted to perform the final inspection on the house and make the deductions for her parents. My first question would be if she was legally allows to do that? Two of us moved out and were not comfortable with that and they said that if we forced the landlord to fly to Florida then their airfare and hotel bill will be added to our deductions. Are they able to threat that? Would they legally be allowed to do that? Also, when do they have to give us our deposits back? Also they said our bill will be more than our deposit, can they charge us if its over our initial depost? Thank you!
1. They can appoint whomever they want to do their inspections. Their obligations to impose liens if any are theirs and they have to ultimately support the claims. 2. They could not impose airfare and hotel as part of the lien against a security deposit. A security deposit is for damages to the unit. 3. They have 30 days to follow the statute and impose a lien on the security deposit. 4. If the damages exceed the deposit, you can be charged and sued for the balance.
My husband and I have been married for three years. My husband had our house prior to the marriage. We are divorcing. What can I expect to receive in the divorce and I am entitled to an equity in the home ? We do not have children
If there was a significant appreciation in the house from date of marriage to date of separation, there could be a justified community interest.
if you want to move out of the state to live with a different relative and your under the age of 18, does that relative have to adopt you or can they just sign you up for school and take care of you while your parents still have right over you?
If your parent(s) consent to you living with the relative and going to school there, they can give that relative permission to house you and for you to be enrolled in school there. It is sort of up to that school district as to how formal the permission has to be made.
If your parents do not approve of the move, then the other relative would not be able to adopt you without proving that your parents are unfit. They might be able to sue to become your gaurdain through the probate court. But even that would require a strong showing of danger to you and probably abuse.
Good luck
I have some US Savings Bonds which I would like to leave to my family should anything happen to me, but they are all in my name. How will my heirs be able to cash them in, if they are in my name? What steps should I take to ensure that each person will be able to cash the bonds that I've left for them, as my rightful heirs?
There are many ways to accomplish this. You can change the beneficiary to the persons you desire. You can write a will and put the bonds in the will. You can also create a trust with the persons you desire as the beneficiaries in the trust. What you have to do is to consult an estate planning attorney in your area and find the best ways to accomplish this.
I currently own a LLC janitorial company in Georgia. I own 51% of the company, and my only other partner owns 49%. We received a favorable offer to sell the company but he refuses to do so. At the moment, he can't afford to buy my shares of the company. I want to sell asap as it is a favorable offer. As majority owner, in the State of Georgia, can I force the sale? We have a partnership agreement but no buy/sell or operating agreement. I'd be happy to include the partnership agreement for someone to look over.
Here is what is says from the agreement
11. RIGHT OF FIRST REFUSAL. If either partner at any time decides to sell their interest in the business, the remaining partner shall have first opportunity to purchase the other half. The sale price will be determined based on three months gross revenues at time of sale, excluding any assets. Assets (including equipment, tools, vehicles, etc) will be priced based on their depreciated value at time of sale. If the remaining partner decides to not purchase the other half the business partnership will be sold to a mutually agreed party based on a pre-determined sales price.
As most purchases of small businesses are done via an asset sale, that provisions will most likely not be relevant. I.e. the company sells all or most of its assets to another person or company. The actual ownership interests of your company are not sold/transferred.
As such, does the LLC agreement address who can make a decision to sell all or substantially all of the assets of the company? A good one should, but if not, you would be free to make the sale. However, be sure that the decision to sell the assets is based on what is best for the company and not for your personal gain. You don't want your partner to have a valid minority oppression claim if he dissents to the sale.
Dad is trying to get child support modified and jackson credits for the year of 2008 and 2009. When determining the jackson credits will the courts look into the income for both parents at that time, because dad had to pay 100 a month for the child and he never paid for any medical/dental. So could the courts take that into consideration? Plus mom didn't work and child support was never modified. It was determined in 2000 that dad was to pay 100 because at that time both parents were working and that both parents had to pay for 1/2 insurance and dental. I know you can't go back and modify child support but if they are going to credit dad jackson credits they should look at both parents income at that time. Am I right or wrong on thinking that?
Jackson credits are a straight up adjustment to the percentage of time the child lived with the paying parent versus the time used for the support calculation. They do not open up the whole support calculation. If either parent wants to do that, it has to be done at the time. The court does not have jurisdiction to make support recalculations retroactively beyond the date a request for a recalculation is requested by motion.
The child support calculation formula presumes that each parent must contribute a certain amount to their children. When the children are with them, they are presumed to be contributing that amount. They then pay the other parent for when the children are not with them. On a motion to determine how much unpaid support is owed, the court is allowed to make a finding that the child was with the paying parent more than planned and give credit for that additional time against the amount of back support owed. That is as far as the inquiry goes.
PA Law.
What are the repercussions for a court employee to access files of a person of whom they have no ties with, i.e., a case that they are not assigned to or just "searching" for dirt on someone because they work there?
Response by Attorney Michael Kotik:
It will depend on if they are allowed access to those files, and the corporate policy of that courthouse. A lot of court information is public information, it might be unethical for them to do it and they may get fired, but if they are allowed access there is nothing criminal about what they are doing; however, it really depends on the the court house.
