paying back money in reference to fraud
how do you pay back money in the case of a fraud conviction.
Re: paying back money in reference to fraud
This depends on what happens to the case. You can pay it directly to the State's Attorney's office, or you can pay it through your probation officer, or any other way that you work out with the prosecutor/victims.
I was recently indicted at a grand jury hearing in Fauquier County, Va. As I had not been summoned to appear, I did not. I was indicted and a capias was issued for my failure to appear. I turned myself in after a friend advised me to get on-line and check the court records. The upshot of this was $2500 bail. I am now out after posting bond.
The question is, are they allowed to issue the failure to appear capias, when I had never been summoned? (Sorry, I am not psychic!)
You appear confused in the situation described as grand juries are merely
investigative bodies which normally do not issue subpoenas to appear to those who are considered "targets" of their investigations.
However, if you were indicted by such a tribunal, then a local circuit court would've summoned you to appear for an initial hearing (if you were not first
arrested and taken to jail) and if you failed to do so (for whatever reason), then
this court would've issued the capias for your failure to appear in the matter.
I was driving with my cruise control on 50 in a 55 MPH zone, I was pulled by a Cop who said that I was going 82 (unlikely considering it was a back road) and that I had swerved off the road. I had swerved but only because there where dogs in the road. He cited me for speeding (82 in a 55) and reckless driving. What are my options here? This isnt my first speeding ticket, Ive gotten cited before for 'speeding' when I was not speeding and I have had a lawyer take care of those for me, however this one is really serious and im just wondering whats the worse case scenario here? Im a full time student and the worst part of this is that I was absolutely not speeding.
The most likely worst case scenario if you were to be convicted as charged would be court cost a fine, suspension of your driver license and a hefty insurance increase. Depending on your past driving record and your interaction with the stopping officer, most any experienced traffic attorney can handle this so that you may not have a suspension or even an insurance increase.
If there's a party at my house and the cops crash it and start checking for underage drinkers, are they allowed to enter a locked bathroom or bedroom?
If they have a warrant, then they're authorized to search. If the owner lets them in, then they have permission to search. They cannot enter without the warrant or permission.
Can action be taken against a plasma center that spilt my blood? I mean I thought i was donating and i looked to my right and there is blood literally EVERYWHERE and tons more just shooting from the machine... The employee didn't even notice it because they all leave the area and talk to each other.... I didnt notice it due to watching the movie on tv... But by the time someone saw it there was massive amounts of my blood all over the place.... If some random person didn't notice it there probably would have been too much tbh....
I take it you survived the incident. Did you have any expenses as a result. They may be responsible but if you have no actual damages, you would get nothing from the court.
A Promissory Note matured on 12/9/2006. However, debtor filed for BK 7 in 2010 but did not include the debt in his BK. Did the Promissory Note expire or did the BK extend the statute of limitation on the Promissory note because of inability to collect during the BK process, which took almost a year?
California law provides that the time to commence collection an outstanding debt, which is evidenced by a written document, is 4 years from the date the contract is breached. Assuming the debtor made no payments after the due date, the statute of limitations ran on December 9, 2010. Therefore, regardles of the bankruptcy, the time to collect has expired. It is my opinion that the bankruptcy case did not extend the statute of limitations.
If your bankruptcy case was a no asset Chapter 7 then the debt would have been discharged regardless of notice unless the creditor argues there was fraud involved. You should notify the creditor of the discharge now by certified mail.
I disagree with Mr. Carballo. Although I am not a bankruptcy expert, I am pretty sure that if the debt was not scheduled in the bankruptcy schedules, it was not discharged. However, a bankruptcy does NOT preclude you from filing suit to collect on the debt. You just have to file it in the bankruptcy court. Therefore your time ran out in 2010, even if the debt was not discharged.
My husband and I had a revocable living trust which the attorney at that time said it was an A/B trust. It had both of our names on it. My husband passed away and now my name is on it as trustee of the revocable trust and I set up an irrevocable residual trust for his children which they receive at my death. The residual trust includes property located in Utah, and although I was able to quit claim other property in California to the residual trust, my attorney said Utah had different laws and that the property would have to go through probate because it was held in individual trustees' names of a trust (i.e., Mary Brown, Trustee of the Brown Trust. No probate would have been required if title was just in the name of the trust, i.e., The Brown Trust. She advised me to get an attorney licensed in Utah. Do I really have to get another attorney and go through probate for this one piece of property?
All you need to do to transfer the title to yourself as Trustee of the Trust is file an affidavit along with the deed. Any estate planning attorney in Utah can prepare the documents you will need. And no, there is no probate needed.
Title is always held by a trustee of a trust, not the trust itself. In other words, your deed should currently read: Mary Brown, Trustee of the Brown Trust executed [date]. This is normal. As trustee, you have the ability (as long as it is authorized by the trust) to transfer the deed to another person or trust, without probate of any type involved. A simple quitclaim deed or special warranty deed can do this.
If for some reason it is held in a personal name, it is either owned outright or may still have the decedent attached. If the decedent is still attached, it can be transferred using an affidavit (as suggested in another answer) if the property was held as a joint tenant at the time of death. If the decedent did not have an interest at death, then the property can be transferred by you at any time.
My firm handles both estate planning and probate litigation, and we'd be happy to help you with your questions.
If a divorce decree states no overnight guest while kids are present does that mean you can move in with someone?
No unless the Court changes the order or there is a marriage.
I have filed a contempt of visitation on the sole parent since this person wasn't following the order in place. I have the child for two months out of the summer in which the mediation date will be in this time frame. with the judge signing the contempt paper i filed does the order still stand or can the custodial parent demand i return the child prior to my visitation time...i live in maryland
Your question is difficult to understand, but I am assuming that the paper the judge signed is a show cause order generated by your contempt petition. That means there will be a hearing at which the custodial parent will have to respond to your petition, and the judge will determine if they have in fact violated the order. In the mean time, you are still entitled to whatever visitation the existing order provides you.
My father passed in Nov. 2010. My sisters were named trustee,s in his will. ? Are there time restraints as to when they should disperse the assets?
What you state is not possible. A trustee administers a trust. An executor or personal representative administers the assets of the estate if there is only a will. There are time limits - it takes on average about a year to handle eveything, but it will depend on the size and complexity of the estate.
In general, the executor gets appointed. She then files an inventory of the decedent's assets. She publishes a notice to creditors to submit their claims, if any. No disbursements should be made to the heirs until the claims are in. Generally, this can be 90 days from the time of probate. The executor also has to file final tax returns and get approval from the tax authorities that no money is owed. After this, then an accounting is filed showing what the assets were and how they are distributed. After confirmation of the final account, then the heirs can get their share. That is why it takes so long.
What you do not tell me is where your father lived at the time of his death and whether your sister has applied for probate and where she is at in the process. If she is not doing her job and its been awhile, she may have to be nudged to speed it up. If she is still not doing her job, then she can be removed. If she is doing her job properly and is waiting for claim to be filed or approval from the tax office, then you will have to wait.
What I would do is check the estate file to ensure that all is being done as it should be. Estates are matters of public records and anyone can access the file.
If this is truly a trust, then read the trust instrument or seek legal advice to know what the trust says and what rights you have to receive assets or make sure the trust is being handled properly.
If a doctor writes 2 perscriptions instead of one by mistake is it legal to fill the second one a month later even though they both have the same dates on them?
Yes. Reason is because you had knowledge that the second one is illegal if you filled it. Tear up the second scrip if you haven't already, or else you could be charged with a different felony: being possession of an illegal prescription.
I am going thru a custody and child support battle without a lawyer and have requested copies of their fathers employment records... (the same ones they subpoena from my company, he hired a lawyer instead of helping support his 3 children) and they have not produced them. How do I serve a subpoena for employment records if I don't have a lawyer? Where do I have his company send the records to my home address or do they need to be sent to the courthouse and I request to view them?
You have to send a third party subpoena.
Use of a lawyer is recommended.
John Smitten, Esquire
Carey and Leisure
622 Bypass Drive, Suite 100
Clearwater, FL 33764
[email protected]/* */
ph: 727-799-3900
ph: 1-800-927-0400
fax: 727-674-4433
careyandleisure.com
About a year ago, I was facing some financial hardship & it was getting very hard to make my credit card payments. I enrolled in a program with a shoddy debt settlement company. Needless to say I recently broke out of the contract with them, after being robbed of for a year. Now 2 of my creditors are suing me! I enrolled into a much more reputable program, but a few of my accounts are ineligible because of the lawsuits. My next step is to attempt to contact the firms that are now suing me. I was wondering if you could answer a few questions...
1) What are the chances of these firms accepting a payment plan from me and stopping the lawsuits? Or will they want to settle for a lump sum?
2) If I am able to settle with them (come up with the money to that, that is!) what are my chances of settling with them for as low as 25% of what I owe?
3) If I were to be sued, what can happen to me?
4) If I were considering bankruptcy (AS A LAST RESORT!), what all does that entail? How will it affect my credit? For how long?
5) All of this debt is pre-existing to my marriage, the cards are all in my name, if I were to get sued or file bankruptcy, will this involve my husband at all?
For right now, that is all I can think of, but I appreciate any advice you can give me.
Thank You!
First, are you deaing with collection agencies or actual credit card companies. It makes a big differnce on the way to approach these people.
1) your chances of working out a payment plan with collection agencies are somewhat easier than actual credit card companies. In many instances, collection agencies buy the debts, in bulkk, from credit card companies for pennies on the dollar. As a result, collection agencies are more willing to recover anything they can, and most are willing to enter into payment plans. Credit card companies, on the other hand, while they ight enter into an agreement installment plan, are not set up to do so, and will continue to charge you interest on the outstanding debt. You have nothing to lose by contacting these creditors and seeing if they will enter a payment plan that you can afford. The worst they can say id "no".
2) Once again, if you are dealing with a collection agency, they would much rather take a reduced lump sum payment, then a payment plan. I don't know if they'll go as low as 25%, but they might. Credit card companies are less likely to negotiate a reduced lump sum payment, and they will send yuo a 1099 for any amount of the debt that is forgiven. Citibank is known for this practice. Once again, it can't hurt to call and ask.
3) If you were sued, the worst that can happen is that you will end up with a judgment against you. Depending upon the amount of the debt, it may pay you to hire a lawyer. At the least, a lawyer is in a better situation to drag things out and negotiate for you. It really depends on whether you are sued in District Justice Court or Common Pleas court. If Common Pleas Court, you should definitely hire a lawyer. After a judgment is obtained, the creditor can execute on your personal property. Since you are married and live in PA, only your belongings that are solely owned by you can be executed against, as most property that you and your husband own will be treated as Jointly Held marital property. For example, if your bank accounts are in the name of you and your husband, and the judgment is against you only, the creditor cannot touch this property. If they try, you can file objections to the execution and levy with your local District Justice who issued the judgment. You would simply have to prove that you are married (bring your marriage license) and any lease or deed that shows that you own your property jointly with your husband. PA is somewhat unique in this practice, but unless the judgment is against both you and your husband, your personal creditors can rarely tough your property. Finally, under PA law, your ways cannot be garnished to satisfy a judgment, unless it is for child support or taxes.
4). Bankruptcy should always be a last resort and should only be undertaken if you stand to lose everything. If your assets are jointly owned, your husband could be added to the bankruptcy, even if the debts are only against you. The bankruptcy will be on record for 10 years, and will hurt your credit rating (although many credit card comapnies freely give credit to those who have been through bankruptcy, because they know that you can only declare bankruptcy once every 10 years.).
5) See my answer to No. 3 above. If you are married now, and the debt is in your name only, your husband cannot be sued by your creditors. I assume you are living together, share the same furniture, TV's, cars, etc. If you own any property in your own name, such as a car, you should have the title changed to reflect that both you and your husband are listed as owners of the car. As stated above, in PA a judgment against only one spouse cannot be executed against your husband's property, or jointly owned marital property. So your husband is in good shape so long as he is not listed on these credit cards.
Finally, there are some things you should know. If you receive a letter from a collection agency, respond to it and it says : "Failure to respond to this letter within 30 days, will result in your being unable to contest the validity of the debt" or words to that effect. In those occasions you should write to the company and request validation of the debt, which means that the collecton agency will have to come up wth the appropriate documments proving 1. their entitlement to sue, and 2. the detailed documentation of the debts, which probably are some in computer in South Dakota, and not easily retrievable.
For a very detailed discussion of your sitution, you should Google the law firm of Morrow and Artim in Pittsburgh. Their website is extremely informative.
Good Luck.
My question is if you enrolled in a "more reputable" program, why are you posting here? Why is your "more reputable" company not assisting you? They should at the very least have answered all of the questions that you raised.
Why do you want to do a payment plan? I don't like them in general but try not to enter into them at all for my Pennsylvania clients. Most of my clients are "judgment proof" meaning that their assets cannot be levied upon. There is no wage garnishment in PA for most debts. So, unless you have a lot of assets owned free and clear, I would not recommend a payment plan of any kind. It would be better to save your money and try to settle later.
Your chances of settling for 25% will depend on a whole lot of factors. It depends on the creditor and the law firm. It depends on whether suit has been filed and, if so, whether judgment is entered. It depends on the time of the month. It depends on how long the debt has been outstanding. It depends on how you got behind and what assets/income you have.
If you are sued, at a minimum, the judgment will earn interest at a rate of 6% so it will get bigger over time. Whether the creditors will try and collect depends on the creditor and the law firm. Some creditors are more aggressive than others. Some creditors get a judgment and that is it. Some will try and serve you with post-judgment discovery. Some will even try to sell your possessions.
Things most at risk are bank accounts where you have more than $300 in the bank. There is no exemption in PA for cars and land. If you own assets free and clear and they are easy things to sell (like a valuable car), then it will be at risk. If you have a 1992 clunker with 300,000 miles on it, unlikely. Same for land - if is encumbered and has little equity or is jointly held with a spouse and this is your debt only, the land is probably safe. There is no wage garnishment as I indicated for most debts.
Bankruptcy truly is an option of last resort. It can stay on your credit report for 7 to 10 years from the date of discharge (when you get an order from the bankruptcy court granting your bankruptcy). Not all debts can be discharged in bankruptcy. Get a consult with a bankruptcy attorney in your area. Many attorneys give free consults. Getting one does not mean that you must file. If you go to my website www.rachelhunterlaw.com, I have a few links to some helpful sites that will explain how bankruptcy works. It involves too much to tell you here.
If the debts were prior to your marriage, your husband is not liable for your debts. Only you need to file bankruptcy if that is what you wanted to do and your bankruptcy generally would not affect him. However, to the extent that you own something jointly, it may indirectly affect him if you file bankruptcy (this mostly concerns the reporting of things on his credit report).
You indicate that the debts predated your marriage. However, I don't know how long it has been from the time you last paid on the debt (by any means - through a debt settlement company or on your own) to the time when you were sued. Assuming that the debts were all incurred in Pennsylvania, the statute of limitations is 4 years. If it has been 4 or more years, you may want to go see a litigation attorney. I know that Greg Artim here at law guru specializes in credit card defense and he is in your area. There are also many others.
I don't know what company you are with, but I have to question whether they are really doing you a service. I give free email consults. I settle debts privately as well as provide legal services to the clients of a very reputable debt settlement company. Please contact me at [email protected]/* */ I can look at what you have and better advise you as to what you need to do.
The best way to deal with the lawsuits is to fight them. This is often successful due to legal mistakes of the firms who sue. I am local to you and would be able to help. Email or call me if you wish.
My ex had my two children in Texas and I live in Michigan. He has moved to Florida does he have to register children in Florida or can I legally take children back?
You cannot take the children back just because your ex moved. I'm not sure what you mean by register. Your ex can change the court of continuing jurisdiction to a court in the county in Florida where the children reside. It is not clear from your question how long the children have lived in Florida, so he may have to wait a while before residence is established.
He probably has a duty to notify you and the court in Texas where he and the children now live.
can a minor be fined for a marijuana possession in iowa?
It depends. If they are in adult court, yes they can be fined. In juvenle court they don't issue fines.
False Statements to Authorities
I had someone tell the police and CPS untrue things about me in an attempt to bolster their case for having my kids taken from me. CPS and the police did phone interviews and outlined what they said in their own reports. Do I have any recouse?
Re: False Statements to Authorities
Whether you have recourse would depend on what was said, whether there is proof that what was said was false, and whether what was said was privileged. If you are currently charged with an offense or have had CPS take the children, it would be advisable to discuss this matter with an attorney prior to doing anything public.
My neighbor in unincorporated Orange County Florida has trimmed the branches of my tree which overhang his property. I gave my permission for the tree trimming company to enter my property to accomplish their job. He claims my tree is a continuing threat and seeks reimbursement for the trimming. Does he have a cause of action? Can possible future damage, such as from a wind storm, be actionable and me held responsible?
No you are not responsible for the work he had done. Yes, future damage can be your responsibility if you have allowed something negligently to occur.
If an individual is sentenced to 10 yrs in TDCJ, can he file a 1244a?
No. 12.44(a) is a plea bargaining tool to get a felony case punished as a misdemeanor - which would mean the maximum sentence would be 1 year in jail.
My mother and step-father are getting a divorce (in TN). My step-father has contacted a lawyer who claims that their marriage license of 23 years is illegal/forged/etc... It was said that her SS# didn't match up to her age (they do not realize that there was a typo and she has a new version with the age correction). The license is from KY. He also claims that my mother has done something with "his" money ($200,000+) and is threatening to prosecute. She claims that he spent it all and that she hasn't moved anything. These bank accounts in question are joint and have both of their names on it. My question is, can he prosecute for anything? Even if they were not ever married, these are joint accounts they are using. What are the legal ramifications here? Also, they've always filed their taxes jointly as being married. If it turns out that their marriage is void, what are the implications of that?
Tell your mother to not be in the least concerned. It is most likely that the entire "what my lawyer says" is made up or has become significantly embellished by your step-father. No ethical lawyer would make such statements or allegations.
If, in fact, under Kentucky law, your mother was not legally married to this man, that may have some bearing on how a divorce court in Tennessee would handle assets and such, but it does not pose any threat of criminal prosecution to you mother.
If the marriage was invalid, it could be voidable, but it is not automatically void after all these years. But assure your mother she does not need to worry too much about all thus bluster.
John R. Meldorf, III
Posting personal information online
Could I still press charges against someone who posted all my personal information on the internet last year?
My ex's ex girlfriend somehow obtained my personal information such as social security number, telephone number, birthdate, address, etc. on a free website without my consent. She eventually took the website down, but I have emails and blogs of her writing about the website and stating she posted my information. I didn't know I could do something about it until now. What are my options for this and will I have to spend money for an attorney and what kind of court time am I looking at?
Re: Posting personal information online
By "press charges" implies criminal charges which would be up to the D.A.'s office. I do not believe the D.A.'s office would prosecute this case. You have several civil causes of action however. Contact me directly.
How do I find court case numbers on my records? I have a whole stack of docket numbers on my past criminal record reports. I'm not sure what the court case numbers are. Are they different from the docket numbers? I need them for an application. How do I find this information?
The docket number should be what you're looking for.
John
I own a condo that has a patio area with concrete slab that in the CCRs states that the HOA has a dutiy to maintaine .As I understand I have use of the air space....Here is the issue. I have had a tree in this area for 20 years. The tree roots have infiltrated the patio next to mine and done to damage to neihbors concrete slab . The slab was raised by 6-7 inches . The tree guy I hired to remove tree states this was going on over the course of years....Neither the HOA or the owner ever put me on notice that there was an issue until recently when the owner had a new tenant and pointed out the trip/fall hazard. Now I am being told I am on the hook for the whole replacement. My H06 policy carrier has an exclusion for " property of the condominium". So no coverage there for liability. Doesn't the HOA have any responsibility in this, as they could have informed me way before the damage got to this stage ??? I know I am liable to the hoa for things I cause, but I never knew there was an issue till now and I feel that if I had been informed by either owner or HOA we could have prevented this huge expense.
You have a failure to mitigate damages defense. The HOA should tender this to their insurance company, and then you should settle with the insurance company on a fair allocation of the cost.
Does signing notice regarding claim by personal representative individually, replace the Waiver of Notice of Administration? How long after death does one have the right to probate the will? When does a document become legal? I feel the executor may be saying and changing thing to their advantage. Thanks. CC
A Notice of Claim by a PR is a Claim against the Estate. The PR either has advanced monies or intends to pay something they believe is a claim against the estate.
The Waiver of Notice of Administration is signed by someone entitled to receive the Notice and is waiving off the service of it, plus those rights in the Notice.
You can probate a Will years after a death if an asset is found requiring probate. However, after 2 years you need only do a Summary Administration and do not have to do a Formal Administration.
A document is legal until declared illegal. Of course some documents clearly on its face as to be illegal that it is not worth bothering to pursuing it. I think this is what you were asking.
Executors (Personal Representative) have significant powers. Beneficiaries have rights to review and object in court. If you feel that you are being taken advantage of then you should obtain the services of an attorney to make sure you are protected.
I'd like to add one more thing to the above answer which may be crucial. In the event that some interested party does open a probate estate, either without a will (intestate) or Testate (filing a Will to be admitted), if no one comes forward prior to the termination and closing of that probate proceeding then the Florida laws do not permit a re opening of the probate even if there be a later will discovered, however there are a few exceptions but most likely would not apply to your situation. In all events carefully examine the document or receipt that was signed to be certain you are not putting too much emphasis on the caption or title to the document rather than to any and all waivers that may be contained in the body of the document which would control.
An employee of mine went out on a workmen's comp claim (the validity of which is not clear, but this is not the issue) on Dec. 30, 2013. She now wants to come back. In the interim we have had a wonderful replacement who we would prefer to keep. Do I need to hire back my initial employee. We are a small chapter S corp with a total of 8 employees - 6 full time and 2 part time. If I am required to hire her back, do I need to offer her the exact same job or can I restrict her hours some as our current employee is doing the same job in less hours.
I have sued employers for doing the same as your question. You are required to return your employee to the same or similar position on her return from Workers Comp. leave. Here is a suggestion, speak with an employer based Workers Comp. attorney on what arrangements you can make with this employee. If you do this on your own it may cost you under the anti-discrimination section of the Workers Comp. law and you may (I have done this) find your company defending a lawsuit brought under federal and state law (add New York City law if your company is based in NY). Thank you for posing your question and avoiding what could be a messy situation.
Best wishes.
What are my chances of winning a DUI case when I did not submit a breath test?
? Not enough information.
Is it legal to fire someone via text or have the minor child of the owner do the firing?
Yes , and Yes
Hello. I suggest that if the person facing such a termination of employment feels unsure that the minor child was authorized to act on behalf of the owner, then the employee should contact the owner directly to confirm. Please do confer privately with an attorney as need be for your personal legal issues and needs.
Tricia Dwyer Esq
Ph: 612-296-9666
Tricia Dwyer Esq & Assoc PLLC
Can an employer(a government entity) require my mandatory participation in an organization that lobbies for that same employer (a government entity) under threat of adverse action for non-participation?
Since you chose to omit all the details that matter (which government entity - state, federal, local, etc), what specific organization, and what adverse action, all of which are central to the answer there is no way to answer you.
wanted to know how tall im allowed to have my fence, I have a german shepherd and I don't want her jumping the fence while im at work can I get something more like 6 and halph or 7 feet frount yard?
Planning and zoning regulations vary from county to county, and many communities have their own rules. If you have a home owner's association check with them. In most of the unincorporated areas of Florida Counties there is no limit, but you will need to check with your local county.
Pending lawsuit
i had a hospital bill from over 1 year ago. At the time I was uninsured and I still do not have and insurance. I was served papers to appear in court for this bill. Is there anyway I can settle this without going to court? I have no money, no assets, etc. What could happen if I do not show up?
Re: Pending lawsuit
You can defend this case yourself. You should, however, definetly show up to court. Depending on the size of the bill, it may be in your best interest to hire an attorney to negotiate the bill down. A lot of times, this will save you time and headache.
Where can we complain about a determination by Rust Consulting re: Juniper Securities Settlement?
The claims administration is absolutely not doing its job and I do not think that they even looked at
our supporting documentation.
You may well be beyond the point, in terms of knowledge about this case, for the following to be of any use to you, but you might try opening the following Web site:
http://www.junipersecuritiessettlement.com/ContactInformation.htm
Then click on "frequently asked questions" and look at FAQs 16 through 20 or so.
I have a medical condition which is on file complete with medical note. Explaining if I become ill and need to seek medical care or time to recoup to avoid hositalization is it legal for my boss to fire me even though I have only called out twice due to my medical condition and I do have doctors that back me up with notes but she refuses to take it in consideration.
Were you actually fired? There could be some type of perceived disability discrimination but would need to know more details. For more information on your employee legal rights check out our employee rights blog www.takethisjobnshoveitblog.com or www.behrenlaw.com.
You can apply for future intermittent leave pursuant to the FMLA. Then, when in the future you are out because of your illness, you simply have to explain that your absence was a result of the illness, and they cannot fire you.
If you would like additional information, please feel free to contact me via e-mail at [email protected]/* */ or call my office at 813-374-2216.
Ok so heres the deal I work in a supermarket as a cashier i been working there for 7 months and now they told all the employees that we need to leave our cell phone in their office while we work I want to know if this is legal because they do not pay extra hours they have some people working 6days out of the week for 11/2 hour a day en they only pay them 400x week i need some advice but im also afraid of loosing my only form of income
If your employer has failed to pay overtime I suggest you contact the NYS Department of Labour.
What is the hourly rate of the employees who only make $400 per week?
Who is at fault in an unauthorized use of vehicle case
Normally, the unauthorized user of the vehicle.
We recently rented a house . My Landloard has not presented us with a lease after I have requested one many times. I spoke with him today and he is telling me know that there will not be a lease becuase he lawyere advised against it? What can I do to get a lease?
Send him a letter outlining the terms you believe are agreed upon and stating that unless he rejects anything in the letter within 7 days you will deem it accepted as the outline rental agreement. You may want to have a lawyer prepare it. On the other hand, just note that even without a lease as you are apparently in Chicago, the Chicago Residential Landlord & Tenant Ordinance DOES apply to your situation and there are many protections for you in it and the landlord is in jeopardy for not complying with it. If you were NOT supplied with a summary of the Ordinance, there is a $150.00 fine against the landlord. Read the ordinance at: http://www.chicityclerk.com/tenantsVRSlandlords.php
My ex-husband died in a car accident and I'm trying to file a lawsuit for wrongful death on behalf of our 3 daughters. Can I have executor over their settlement or will his mother have to have executor? I want my children to be able to benefit from the settlement right away. I don't want to have to put it in a trust snd wait until they are 18 and up for them to start benefitting from it. They are ages 9, 8, and 5. If I have to put it in a trust for them then that's what I will do but I definitely do not want his mother to have power over their money.
You need to speak with their personal injury attorney about this. The short answer to your question is that, yes, you can be the guardian (what you are calling the "executor") regarding settlement and that the money will almost certainly be held in trust at least until the children are 18. In most circumstances, the judge must also approve the settlement and the trust it will be placed in for the children. Neither you nor your deceased husband's mother will have access to the funds. Only the children will have access.
I was diagnosed in 2007 with MS based on s/s and an MRI that was done with no contrast. I was put on daily injections at that time, but sought a new doctore because my neurologist was not very proactive. I went to the new doctoor who is one of castle connolly's top ten. This doctor is also the head of a Multiple Sclerosis center and found the following: 1. He immediately ordered numerous MRI's with contrast and could not believe that the first doctor did not order contrast. After reviewing the MRI's just done and in 2007, he noted that the same inflamation was present that was there in 2007. He immediately ordered a course of Solumedrol IV for 5 days. 2. I was misdiagnosed. I did not have the relapsing-remitting form of MS, I had secondary-progressive. The four years of injections was immediately stopped and Tysabri was ordered. Because of this misdianosis, my MS progressed much more rapidly. I am looking to see if this is a malpractice case and if so, I need a lawyer that can represent my interests of giving up four years of my life. I need a contingency attorney.
Thank you
I have many more questions about your situation. Your medical records would have to be reviewed by a specialist to make the determination as to whether malpractice occurred and, if so, the resulting damage. Please contact my office at 732-663-1500 to schedule an appointment.
I bought a car from my grandma: the title was signed over, and a short bill of sale written also, but paperwork never finished at DPS. I did put the car on my insurance immediately, just didn't have money for the title transfer so I was waiting. I got into a tiny wreck in a parking lot - can she be held liable for the supposed $500 damage to the other car? I asked the other driver to give me an estimate and please not go thru insurance, but she immediately called my insurance then called me and told me the price.
Don't hide the fact from your insurer...the insurance you bought will probably pay if u paid the premium. Why would they question whether the title was transferred unless you made some misrepresentation? If they deny payment, the nsurance your grandmother has would pay and they may require the lady to get the car repaired at a place of their choice...good luck
Liability goes with the driver, not the car. If you caused the damage to the other car, you are responsible. Texas policies also cover borrowed or rented vehicles. Hence if you rent a car and get into an accident, and have auto liability insurance in Texas, your Texas policy covers you for the damage you caused. If your grandmother still owns the car, she might be held responsible under a theory of negligent entrustment. Her carrier might then go after your carrier as you were driving.
My guess is that your carrier will pay the damages, especially if you paid the premium.
if a person is absconding from the law and has a warrent for driving while revoked, what would happen to them once they have turned themselves in?
If they do not have an attorney, they will be arrested. They may be able to post bond to get out. If they hire legal counsel, that attorney may be able to apepar before the judge, get the warrant recalled, and have the driving while revoked ticket dealt with.
Good luck
If a person with an outstanding warrant turns himself in, then he will need to hire an attorney or make arrangements for bond while in jail. It is much easier to hire an attorney beforehand. if you are in my area, I might be able to offer my services for a modest fee. Please feel free to contact me.
i send four letter to two of the credit bureau to remove wrong information from my credit report , i asked them to verify and provid the supporting document .they refuse to do that and they do not remove in correct information from my credit rewport.i need to sue themto remove the informatiom.
You should be asking the creditor(s) who reported this allegedly inaccurate
information for verification and supporting documentation rather than the credit reporting agencies. And, then, if they're unable or refuse to do so,
you take the matter up with the reporting agencies for appropriate action(s).
Mr. Martin,
Thank you for your response. There is so much to this story. My niece is a lawyer and seems to know all the tricks of the trade or thinks she does. The lawyers we have hired with retainer fees of $10,000+ have not done anything. They have meetings and suggest my son just sign the papers to let my niece take over the estate. He won't do that. His wishes are to respect his aunt's wishes in her trust and carry them out. How do we find a good lawyer? Thank you
The first question that I would have is whether your niece is named as executor or trustee. The next question would be whether she is an estate planning or probate attorney.
Why have your lawyers advised your son to "turn over the estate?" Short of him doing something improper, I can't think of any reason for him to do so if your sister entrusted him with the task of administering her estate.
I notice that you are outside the Chicago area, but if you would like to discuss this matter further, please feel free to contact me.
If i have stolen jewlery and forged checks, but have paid all neccessary funds back with out any legal or court arrangements, could i face any penalties? i am 20 years old and this would be my first charge i have ever had. i live the in kentucky.
Yes, you could still face criminal charges. Paying back what was taken does not negate that a crime was committed. If charges are filed against you, it will be up to the commonwealth to make a recommendation and up to the court to sentence, if you plead or are found guilty.
I believe there is a case in Michigan whereby a woman sued a partner for transmitting an std (herpes) when he had knowledge he had it and did not tell her, and she won. . Is there case law & under the same cirumstances, can a suit be brought against someone who knows they have an std but do not seek medical attention and who continue to pass it on and do not tell their partners?
Yes, this is a valid case. Unfortunately, there is no insurance coverage, so the defendant would have to be collectible to make it worth while. Contact me at kliszlaw.com to discuss in detail. Tim Klisz
A further problem is proofs. You cannot force the defendant to produce his medical records. Therefore, the way people normally prove prior knowledge of an STD is by taking a picture of a prescription for the STD or by having other independent proof, such as other witnesses. These are difficult to prove. Also, the defendant always claims that you got the STD from someone else. Therefore, to prove that the defendant gave you the STD would sometime require expensive DNA tests. It is hard to get the evidence necessary to conduct the tests and the tests are expensive.
My X-wife and i got divorced about four years ago. I am the custodial parent of our twin boys and she is ordered to pay me child support. About a year after the divorce she moved back into our house and a short time later I asked the child support office to stop withholding her payments because we were living in the same house and were basically back together. That is no longer the case and she has moved out again and I will most definitely not be making the same mistake again.The child support office is telling me that in that time she has gotten $15,000 in the rears. My question is how should I proceed with this? She was living with us for the better part of this time. Can i get in trouble for not volunteering to forfeit this money?
I would encourage you to immediately talk to a family law attorney.
01/03/2008 Decree, 12/08/2010 Custody Order,
Since the custody order in 2010, my ex has denied me nine ordered visits, is 30 minutes or more late for exchanges about 95% of the time, failed to answer at least 40% of my phone calls to my daughter, refused to cooperate for getting my daughter decent insurance, taken my daughter to no dental visits, taken my daughter to no regular health checkups, discontinued ordered mental health care about one week after the order, failed to respond to repeated requests for documents for me to cover any medical or school-related costs, and made four moves without any (required 30 day) notice. She also has facilitated no contact with my daughter's Godmother or Aunt, and very limited with my parents. She's given harassed me by text and email over child support twice a month, despite support being paid ahead since support order took effect in December, 2011, too.
Our judge was her foster parent in her teens. The custody order in December, 2010, actually contains fabricated information to support the order. Her failed court-ordered drug tests somehow never made it into record, and have disappeared. I've gone through every cent of family and friends' money trying to work this out.
What can I do?
Hello. I urge you to have attorney counsel. Some attorneys will assist you on a limited scope basis in order to help you conserve legal expense. And some will provide reduced fee for need. If you are indigent you may contact Legal Aid Society.
Tricia Dwyer Esq
Phone: 612-296-9666
Tricia Dwyer Esq & Assoc PLLC
Minnesota Child Custody & Parenting Time Law
Minnesota Family Law Attorney
Minnesota Family Law Mediator
Minnesota Parenting Time Expeditor
Minnesota Criminal Defense
You do not ask a question. Without a clear inquiry, it is difficult to know what you are seeking. Certainly, you should have sought to remove the Judge. Since you did not do so originally, it is unlikely you can do so now. The prior order cannot now be attacked since it had to be appealed.
It would seem the present issue relates to the parenting time issues and calls. Your remedy is to file a Motion for contempt and seek sanctions including an award of legal fees. You may also seek compensatory parenting time. If issues continue, at some point there may be a basis to seek a change of custody for a consistent and willful interference with parenting time.
Concerning restaurant design, does trade press protection apply if the business is closed? I think this loction has a great design and would like to copy it, but know I can't. For how long should a business be closed before I could use that design? Currently, the business is closed and for sale but after 9 months have not found a buyer. Thanks for any advice.
As a Franchise Attorney I can say as follows. I think you're talking about "trade dress," not "trade press" protection. Normally "abandonment" is grounds to cancel an existing registration. But this is if a registration, in fact, exists. Abandonment is also a defense to trademark or trade dress infringement. However, all surrounding facts and circumstances need to be considered before taking any action. 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
Can we the people file some sort of law suit against Casey Anthony because it was our tax money that paid for her defense, and it has been proven she lied about the wereabouts of her child. There are so many of us that want to take some action in order to not let her get away with what she did.
No.
I was booked in to the Sacrame county jail early approximately 5am 3/26/11
At the time of booking the CHP had inventoried my medications and placed them with my property.
I told the officers and the booking nurse that I needed my pain medication and my depression medication.
I told the nurse I was on prozac and that it could be dangerous for me to just stop taking it.
About 36 hours later I had a inmate classification interview with a deputy and told her of my condition, she wrote a psychiatric referral and told me it would be a few days before i could see anyone.
I was not released until 3/30/11 and went the whole time without any meds. the environment was such that I was afraid to ask for help for fear of reprisals from the staff. The physical pain was tolerable but the anxiety and insomnia the comes with prozac withdrawal were very difficult.
I intend on filing a complaint with the department. I am wondering if there is a chance for money damages?
You have to prove actual dmages, not just annoyance at their inability to accommodate your medication needs.
Does the 30 30 motion in a criminal case, have to be written or can it be verbal?
In my case, its in regard to a violation case, in which the prosecution has used up all their time, and their complaining witnesses never showed up at all..
The Motion can be made orally, unless the Judge asks for a written motion.
I purchased a used car from a private dealer for $2300. Me and the man who i bought the car from went to autozone to have it looked at before i purchased the car. Autozone told me that the distrubuter cap in the car was broken. It was an easy not to costly fix so i went ahead and purchased the car. The gentlemen told me if i have any problems with the car contact him. 10 days later when i went to a mechanic shop to have the car tune-up and fixed, they told me that the car needed a new engine and showed me how bad of a condition the orginal engine was in. The mecahnics then told me the engine will cost 980 dollars plus labor which came out to be 2,200 dollars. That total did not even enclude the other things wrong with the car. The man who i bought the car from has not returned any phone calls and all i have is a number from him and the title to the car and what may or may not be his first name. I want to go to court and sue him for my 2300 dollars back but i need to know if i have a case or not. I am a college student and cant afford to lose that amount of money. please help.
Unless you have a written warranty or contract providing for a refund, you bought the car "as is." It was your obligation to take the car to a qualified mechanic for a complete inspection (not just a part store mechanic opening the hood to "look at" it). By not doing that, you bought a piece of junk and you are stuck with it. As a college student, treat this as a lesson learned for major purchases in the future.
Where can I find a copy of child visitation forms for cabarrus county, NC online
Talk to the clerk of court and see if they have any forms. If not, you can "borrow" forms from the Mecklenburg Self-Serve Center. You will need a Charlotte address or else you can drive to Charlotte and see if you can get the forms. There are child custody and support forms availabile.
http://www.aoc.state.nc.us/www/public/courts/meck/disk01/index.html
My husband's ex-wife is taking him to court over an alleged domestic violence claim. This court case has been going on since March of 2011. It has been postponed multiple times by all sides but ours. We only had to postpone once due to my husband being hospitalized. The courts have postponed it and so has attorneys. I am now 8 months pregnant and high risk at that. All this stress is starting to cause complications in my final month. I am getting cramping and it is effecting the baby. Is there a away to ask the court to have this postponed for another month so that I can safely have my baby? I am high risk so I am having a c-section and know that if my baby doesn't come earlier I will definately have him by a certain date.
Explain the situation to his attorney and it could probably be adjourned again. But since you are not "involved" directly in the case a Judge may deny the request.
My 5 year old daughter has ADHD. And the other day her school called the police on me and my wife saying she was abused. My daughter is know very well at her school to climb jump off anything and is constantly hurting herself. And they know this. Anyway the police made me and my wife leave work and bring our other children to a packed emergency room. So that a doctor could thoroughly screen them. The school also has lost my daughters meds and state they gave it to the police and the police state they never took it. The whole thing was unfounded. And the doctor saw no reason for us to be there. So we were embarrassed and now have took our daughter out of the daycare. I was wondering if we had and ground to sue the daycare. For misproper care of the medicine, and the report should have never been made.
Based upon the facts you described, you may have a case regarding the medicine, but probably not the call to report suspicion of abuse. They are required to report their suspicion, and are not liable for the actions of the police.
Good luck
My boyfriend and I are both 16 and recently his laptop was confiscated for a reason unrelated to this situation. But the laptop happened to have videos of us having intercourse and engaging in sexual acts. It was all consensual, and the videos stayed only on his laptop, they were not distributed. What exactly would he face though, for possessing what is still technically child pornography, even though it's of ourselves? Would I face any charges for the sole reason that I participated in making the video? I'm more worried, though, about what I would face for the actual act, because he was around a month short of 16 when these were made, which is below the age of consent in Michigan. I was 16 at the time. What consequences would I face for statutory rape, even though he was only a month short and it was consensual? And this was all confiscated for something irrelevant to this situation, but the police are bound to find the videos on there, and when they do, what immediate action will the most likely take from there? Find me and show up at my house, most likely?
I would also like to know what he might face for what he got in trouble for in the first place. He went to school with research he was doing on school shootings and bombings, and instructions on how to make bombs and weapons. He's become fascinated with that and he's wanted to write a book being in the mind of a school shooter. But no specific threats were found against anyone, this was all research and fiction. But the material was still found and was taken seriously, the police confiscated some of his stuff and he was psychologically evaluated. But he did not really make any threats against anyone, they confiscated some of his journals and writings which are pretty disturbing, it describes some of his inner feelings, but he even states in there that he wants to evoke thought and conversation, and no intent towards the school or anyone. They also have his chatlogs where he's described some pretty damning fantasies to me, but that's all they are and that's what he stated them as, fantasies. But they're still investigating. What does he face for all of that?
All of the events that you have described in your well written post have already happened - but none of the consequences. I'm encouraged that a 16 year old possesses such impressive writing skills given your lifestyle choices to date.
Presently, there are no affirmative steps you can take to resolve these issues. When, if ever, the police contact you, tell them,or anyone else, nothing. Then, wait for further notice.
If you are ever charged, contact a lawyer immediately.
does will have to be registered before a person dies in order for it to be considered the legal document?
Rarely is a Will registered before one dies, as it can be revised many times before it is eligible for probate. It is a legal document once executed in conformity with the laws of the State where its maker resides when it is made.
You need not register a will for it to be a valid legal document. The will only needs to be properly executed pursuant to the laws of the State.
I Went to high school with this person, and we havnt been in school or seen each other since 1983, found me on facebook, .. I was just out of relationship and looking for a job when he offered me to stay at his apt. he says "No strings attached" He said he works nights so i could sleep in bed and during day he would.. So I took him up on his offer, well soon after he decided he wanted more and was trying to get me to like him by buying and offering to help me financially, his vehicle was out of commission so he used mine every night, so he paid a car payment, I found a job and within two weeks found a place to stay, went back home for weekend and didnt come back there sun night or mon, text him monday to see if I could come by and see my puppy, he said yes, well wasnt able to go that night and tues morn got a nasty text from him saying I could not come back over there, I said I need to get all my stuff he says you didnt need it for last two days you dont need it now, and changed locks on door and gave my dog away, now wants paid back for "helping me out!" Is there anything that I can do to get my stuff, My dad is upset because My deceased mothers wedding rings are there and he will not give them either...
Assuming that you are asking about Texas law. If the value of the property is less than $10,000, you may file a suit in the justice of the peace court. You must file the suit in the county and the precinct where this person lives. You can call the justice courts in that county and give them the address and they will confirm if it is in their precinct.
He sounds like a real jerk. Good luck. If you need further information. Call me at 832-689-4465.
My question is. If a father and mother makes a contract stating the amount of child support that the father is to pay each month. The contract is signed and dated by both parties, and notorized. Can the mother take the father to court for child support if he is following the contract that they both signed?
Its not a court order so this may not be enforceable.
I have to go to court for backtaxes on my home. I reguested that the attorneys push the date back so I can pay the taxes of. They refuse to reset the suite . What can I do.
Tell the judge what efforts you are making and provide proof of your ability to pay by a date certain.
Hello,
I underwent Manipulation Under Anesthesia on 12/1/12. As a precaution, I made sure to ask the chiropractor what, if any were the risks of MUA. He assured me there were none.
In the evening of 12/1/12, I started feeling an increased heart beat and high blood pressure that I monitored. The readings were a heart pulse rate of 160 and blood pressure of 163/96 ! I called 911 and they sent an ambulance. They were very concerned and several efforts to lower the numbers were not successful. I felt sure that I was going to die and the paramedics comments did not allay those fears.
I was taken to the hospital where the diagnosis Supraventricular tachycardia. After a hour or so, my pulse was dropped down to 133. The blood pressure remained high and now I am on blood pressure medication. My blood sugar level soared to 193 and now is approximately 156. I have not had any issues of this nature with blood pressure/pulse/or blood sugar.
I contacted the chiropractor who said initially that he had never had a patient have this experience. Later in the conversation, he recanted stating that he has seen these rises in numbers as a procedure that releases the kind of energy as mine (5 neck disc bulges) can create some chaos which tapers off. I feel that I have been harmed hopefully not irreparably.
Do I have any cause of action for personal injury/malpractice?
Thanks
You need to see a MD who can tell you if the chiropractor did anything wrong that caused you damages, unless you have such opinions from during your hospitalization.
If you can find a certified cardiac specialist that is prepared to testify in court, after reviewing all your medical and treatment records, that your symptoms and conditions were caused by such chiropractic manipulation, and that it was due to medical negligence by the chiropractor, then you might have a case. If you are able to obtain that testimony and doctor's report, feel free to contact me to then discuss the merits of the case.
We purchased a California primary residence in 1979 under Prop13. Husband and I moved to a rental in 2007; daughter remained in house. We rented out house starting in 2011. If we sell in 2013, do we lose the Prop 13 carryover and our income tax exclusion? (We are both over age 55)
I'm not sure what you are referring to as Prop. 13. The proposition 13 that I know of and deal with is the one having to do with property taxes. When you sell your house, the new owner will pay property taxes at the new assessed value as of the date of the sale, unless they meet an exclusion. That has nothing to do with you and your income taxes.
In addition, the prime residence occupancy rules (two years out of five, etc.) that you seem to be referencing have to do with Federal and state capital-gains taxes, not property taxes, which are the subject of Prop. 13.
Mr. Whipple and Mr. Roach seem not to be familiar with the modifications to Prop. 13 to which you refer, which were made by Propositions 60, 90 and 110. The short answer is that you have already lost your "over 55" base year value transfer rights by moving to the rental and living there for two years or more. The property you sell must be YOUR principal residence within two years of when you seek to exercise the transfer. Your daughter living there is irrelevant, and of course once you rent out property it definitely is not your principal residence. So you would have to move back in and re-establish the property as your principal residence. Once you do that, you would be able to sell and transfer the base year value, or you could even sell and move back to a rental, and you would have up to two years to buy another property to live in and apply to transfer the base year value.
As for your "income tax" exclusion - I assume you mean your capital gains tax exclusion since that is reported together with other income. Again you already lost it. You must occupy the property as YOUR principal residence for two out of the last five years before you sell it in order to qualify for the exemption on the first $250k individual/$500k married of capital gains on your principal residence.
So the bottom line is that, having moved out six years or so ago, you now must move back in and live there for two years minimum if you want these tax benefits. After two years you could sell and immediately take the capital gains exemption, and then would have two more years to buy another principal residence and transfer the base year value of your current property (assuming the new property qualifies under the other requirements of the transfer rules, and is in the same county as the one you own now, or is in one of the eight counties that allow base year value transfers from other counties (Alameda, L.A., San Diego, Santa Clara, El Dorado, Orange, San Mateo and Ventura)).
My divorce was granted this morning in Rowling Meadow, IL. Right before we stood before the Judge my wife's lawyer ask me to pay one third of her Attorney's fee's. Which under compulsion I agreed to. He did nothing to aid me during the divorce process. Is this legal? I feel I was coerced into agreeing to pay him.
Richard Kaufman
A court can order you to pay a portion of your wife's fees. You could have refused to do so and not gotten divorced. You could seek to vacate the order, but that might vacate the divorce.
Where was your lawyer during all of this?? If you acted pro se, i.e., without a lawyer, your wife's attorney had to spend a lot of time doing things that ordinarily your attorney would have done. I expect that this is what happened. If it was then one-third is the least you could expect the court to order you to pay.
You agreed; game, set, match, point.
Can Health insurance comapanys make a claim on proceeds from a personal injury settlement
Yes. Read your policy, it should provide for reimbursement.
It depends. Generally not on Uninsured Motorists claims. But they almost always can on third-party liability claims. As Attorney Slater advised, your policy will provide the details.
They can if there is a subrogation or reimbursement clause in your health insurance policy that provides for it. In Florida, you will get a prorata reduction for any attorneys fees or cost of bringing the legal claim. If you settle for less than 100% of the value of your claim, you may also be able to negotiate a further reduction based on the reduced percentage of recovery.
My aunt who lived in San Francisco passed away in Dec '09 with a will. Her will was admitted to probate in March '10. My aunt had a condo that was sold in Feb '11. We are still waiting for distributions. I might add that in NY (where I live) we are in the midst of 2 estate litigations that have been long simmering. I'm afraid the attorney and my brother who is the executor of my aunt's estate are holding distribution up until this is resolved here in NY. How can we get them to move forward. I hear many excuses - but no action. Will writing to the SF court judge do any good? I would rather not hire an attorney in SF but will if I don't get distributions soon. Also, I would like to see the accounting for this estate. Do I have to wait for them to file the papers first? What is the best way to approach this?
Thank you.
Hire an attorney and have them file an OSC (order to show cause) why the estate hasn't been closed. Maybe also file to remove the Executor but probably not. Accounting will come at end. Good luck. -John
If you aren't ready to hire an attorney, you can try writing to the executor's attorney and ask for information re: administration of the estate and for an estimated time for distribution.
You might try to see if the file itself is available for viewing online- that would answer a lot of questions, particularly the various minute orders showing what happened at court.
I agree with the previous attorneys. You are most likely going to need to hire an attorney. While the executor probably has the authority to retain some funds to see the NY litigation through, you and other beneficiaries may be entitled to at least some distribution of the estate. As Mr. Seidler states, you may be able to view the file online. The San Francisco Superior Courts make most of the files available for viewing online. I would also add that, in addition to the advise above, you should make a written demand to the executor's attorney for an accounting. As the estate did not close within a year of the Probate, there should have been yearly accountings made. These accountings are also called "interim accountings". You should have been notified as to the hearing on such accountings, but, again, you can check the court's website to see if these interim accountings were prepared.
I was convicted of possesion of a controlled substance in the 7th degreee. An empty baggie. In the state of NY it is a misdermeanor. I was put on probation and violated it. What is going to happen? How much jail time am i looking at. I am a first time offender
It somewhat depends on what the VOP (violation of probation) was for. Depending on the severity of the VOP, it could range from a fine and community service to a few days in jail.
You can read up at http://www.criminalpossessionmarijuana.com and then contact my office for a free consultation and fee quote.
Best,
What are the options after an appeal is denied? An attorney wants $25,000 to submit it to the Wisconsin Supreme Court, is there any other options?
In any contested case, there are always multiple options. Two of these are to either litigate it to the bitter end (including appeals), while another is to settle it, making further appeals unnecessary. Of course I do not know enough about your case to ascertain how practical settlement might be for you.
Hello, My licence was cancelled and I'm being asked to come in. What would be the rest for my license to be cancelled and me asked to come in?
How could we know? I assume it is your drivers license but you did not even tell us that. I expect you have some idea of the problem, or should, and if you don't call the license office and ask them or find out when you go to the office.
One of my sisters-in-law is the executor of my father-in-law's estate. She wants to sell the house included in the estate for less than half of the appraised fair market value to her son. She approached my spouse and the other two heirs and obtained their written consent to do so during an informal meeting while they were going through my father-in-law's personal effects. My spouse informs me now that she felt under peer pressure from her sisters at the time when she signed the document because the sister who is the Executor commented to her when she expressed reservations about selling at such a low price: "What, are you just in it for the money?" which embarrassed her in front of the other two heirs so she went ahead and signed the document. What are her recourses?
Your spouse should retain an attorney immediately to make sure that she withdraws her consent as quickly as possible and informs all of the appropriate persons. Without more information, the executor has a duty to treat all beneficiaries fairly, and it is simply not appropriate to sell an estate asset below fair market value to a non-beneficiary. The longer your spouse waits to address this the harder the damage will be to undue. Good luck.
Attorney Vaughn-Martel has given you good advice. Your spouse may want to object to her sister acting as Personal Representative as she is exhibiting a bias and conflict of interest to the detriment of all other beneficiaries.
She has also failed to consider the gift tax impact potential for selling the home to her child.
Good Luck.
Can my boyfriend of 23 years forced me to sell my house of 15 years? We bought the house(1998) but after 5 yrs I refinanced & his name on the title was removed for being unemployed. The most he had contributed toward mprtgage payment is 3 months. I have been paying the house & he can't prove he is giving me money because he still supprts his family abroad. He started receiving $700.00 SSS as income 3 yeras ago. We never have joint bank account .
Tell him to get lost. He has no claim to that house.
If he is not on title, he has no right to force you to sell the house. I disagree with Mr. Roach, however, that he has no claim. Unless you can prove it was intended as a gift, he is entitled to an equitable lien for any down payment he contributed ( you don't mention whether he did that) and the principal reduction reflected in the mortgage payments he made.
armed robbery
my boyfriend is being held in jail for armed robbery,but they keep continueing the trial. if the victim does not show up to the trial. will the charges be dropped
: armed robbery
I hope that he is being represented.
THese are questions that you can and should ask his attorney.
YOu have not said why they are continuing the trial date. If the only person who can place him and identify him, and there is no other indirect evidence, it is likely that the charge will be dismissed.
If you have any other questions, contact me.
The original will is lost and I have a copy. The person passed away in the last 6 months. Isn't a consent form sent in by 16 of the 21 heirs enough for a lawyer to go to the judge to assign the executor and get a will number? Or do you suggest a hearing in addtion to the form?
I suggest that you hire a lawyer in your jurisdiction to handle the matter. It doesn't matter how many of the "heirs" have signed off on the "Will", there will still have to be a hearing in front of the Judge and testimony taken to authenticate the copy. Since you can't find the original, there will always be a question of whether the old Will was revoked, i.e., torn up, by the decedent before their death.
In order to probate a will, or to administer an intestate estate without a will, court action is needed. What the court requires is for the court to determine. The named executor, or some other party, needs to initiate a probate case and follow the instructions of the judge assigned to the case. Best done with the help of an Illinois attorney.
So I recently got into an accident on my way to the DMV where a truck almost killed me. The police were called, I was put in an ambulance, and my totaled car was towed and impounded. When I got my police report, I was hit with a whopping 4 charges.
1. Right turn on red without stopping. This is bull, but it comes down to him vs me and isn't worth fighting.
2. Unregistered car. Honestly, I forgot to renew it. I'm a new driver.
3. No license. This is bull as well, as I showed the officer my validated permit.
4. No insurance. This is a bit harder to explain. I had GEICO, but they cancelled my policy from June to October 2014 a few months prior due to my lack of license.
Since the accident I have renewed my insurance and registration. I don't care about what fines I may be charged with. I'm by no means rich, but what I'm really concerned about is the suspension of my license, or jail time. I work and go to school full time, and I have a kid on the way. Is there any advice you guys can give me?
Yes, your big issue is that you are looking at 1 year loss of DL for not having insurance. The Court will strongly advise, if not force you to get a lawyer. Call me to discuss at 732/773/2768 to discuss.
We are hoping to sell a house on contract to a friend of the family. We do not have a license under the Safe Act, and we did not live in this house. We were going to have a lawyer draw up the needed paperwork, but then I read on a few sites that we are not allow to sell this house to our friend because we are not licensed under the Safe Act. The house is in Indiana. Is it legal for us to sell this house as long as an attorney does the contract?
You should have an attorney review all of the facts and background and advise you as to whether you have any duties or liabilities. Then, he can prepare the necessary paperwork and documents to effect the sale and protect you.
Alzheimer parent, I have full durable poa, bank of America says I can't do anything with his IRA until he passes. It is matured and he is 81. Need $$ to pay for assisted living facility. Help
Too many details missing. Call a local lawyer.
