Tuesday, 1 April 2014

The judge finished the court case but he didn't sign the papers yet ,how long does this process take before I get my money?

Question

The judge finished the court case but he didn't sign the papers yet ,how long does this process take before I get my money?



Answer

If you received a judgment from the bench on a personal injury matter, you can receive the written order at any time. If you don't receive the order in a month, you should contact the judge's chambers to inquire about the timeline.

As far as your money is concerned, a judgment on a personal injury action does not guarantee payment. You have to start collection activities on your own, which can include garnishments, liens, and levies.

ALSO LICENSED IN NEW YORK.



I live in MN. Our state has a drugged driving law ("It is a crime for any person to drive, operate, or be in physical control of any motor v...

Question

I live in MN. Our state has a drugged driving law ("It is a crime for any person to drive, operate, or be in physical control of any motor vehicle ... when the person's body contains any amount of a controlled substance in schedule I or II... "). Does this mean that anyone on a Methadone program cannot legally drive? ( Methadone is schedule II)



Answer

Yes, if there is methadone in the person's system they cannot operate a motor vehicle under Minn. Stat. 169A.20.

If you would like to discuss this case further, please feel free to contact our office for a free initial consultation. 612-217-0077



Our land lord is asking us to move out almost a week before our lease expires, without prorating rent, in order to get it ready for the next...

Question

Our land lord is asking us to move out

almost a week before our lease expires,

without prorating rent, in order to get

it ready for the next tenant. She has

said that to get cleaning done etc in a

'rush" we could incur "rush rate fees"

for cleaning and any possible repair.

It is obvious she just wants to get new

people here quick so she can keep

making money. We were going to depart

early but we would have to prorate our

tenants rent at the old place and we

wouldn't get prorated here, so we'd b

out alot of money. It almost seems

like extortion and the land lady has

made nebulous threats in her email

responses she has given to my fiance.

She has done similar things to previous

tenants. Is what she is doing legal,

and if not what can we really do? She

received a security deposit of over

$2,000 and other than getting the

carpets cleaned (they are very cheap

and old) we didn't do any damage. I am

also in the navy but have not yet

talked to navy legal.



Answer

In California, you are entitled to at least 30 days notice to vacate, and 60 days if you've been there for over 12 months. If your lease has not expired, you cannot be forced to move at all. Once the lease expires and your tenancy reverts to a month-to-month term, only then can the LL give notice to quit. Find an attorney in your area and consult. Good luck.



What are the release dates for Exes and Ohs - 2006 What Goes Around 1-6?

What are the release dates for Exes and Ohs - 2006 What Goes Around 1-6?
Exes and Ohs - 2006 What Goes Around 1-6 was released on:

USA: 1 August 2007

in regards to obtaining a piece of realastate thru a quitclaim deed to take over pymts from another person who cant make pymts anymore is it...

Question

in regards to obtaining a piece of realastate thru a quitclaim deed to take over pymts from another person who cant make pymts anymore is it legal and can i advertise to find such an individual?i would like to go this route because of credit status. thank you carl owens



Answer

You would run into two problems in doing what you suggest. First and most significantly, without the lender's consent the other person would not be allowed to take over the payments. As between you and them, you may agree that they will make the payments, but you would have to still be liable on the loan, not them. And if the other person can get the lender's consent, then the would just take out a loan and buy it from you. In addition, if you deed the property to them, without them taking over the loan or getting their own loan, it will almost certainly be an event of default under the terms of your loan, and the lender could call the entire loan due and payable immediately. The second problem is that as the real estate bubble burst, a lot of people found themselves in your shoes, and a lot of other people started coming up with ways of taking advantage of the distressed property owners. As a result, there is now a fairly large and complex body of law restricting how and when someone can help bail you out of a distressed property. Violating those laws can carry serious penalties, some of them criminal. So unless you either find someone who doesn't realize the trouble you can get in, or someone who is very well versed in the laws in this area and knows how to structure a deal with you legally, you are going to have trouble getting anyone to enter into such a deal with you.



Answer

I agree with Mr. McCormick, but I see three problems.

1) It requires the lender's consent to assume the loan payments. There are two ways to take title in California with an existing deed of trust or mortgage: taking subject to the deed of trust, and taking subject to the deed of trust, coupled with an assumption of the loan. When property is conveyed to a third party, the property is always subject to the existing deed of trust, which means it can be foreclosed on in the event of default, regardless of who has title or is in possession of the property. Negotiating an assumption with lender approval allows the lender to determine the credit worthiness of the new obligor.

2) A conveyance without lender consent triggers the due on sale clause, which is standard in most deeds of trust. This allows the lender to foreclose, despite the fact that the new owner is making payments.

3) As Mr. McCormick points out, there are legal restrictions on structuring a sale to avoid foreclosure through foreclosure consultants.



If I already started the divorce process in one state and had 2 hearings, can I request that another state get jurisdiction due to financial...

Question

If I already started the divorce process in one state and had 2 hearings, can I request that another state get jurisdiction due to financial situations?



Answer

Without more information it will be difficult to answer this question fully. If you have already had two hearings in State #1 I am assuming that you have children or you own property. State #2 may not have jurisdiction over the children and/or property. That being said, you may petition the court to transfer jurisdiction. If your spouse would consent to transfer jurisdiction it would make it easier. Another option is to dismiss the case in State #1 and file a new action in State #2, but if you do this any orders that you have from the two hearings will no longer be in affect so if you were awarded custody in State #1 you would no longer have it. I know you are having financial difficulties, but it would be in your best interest to meet with an attorney at least one time to go over all of the specific facts of your case to determine what course of action you should take. Best of luck!



Monday, 31 March 2014

Was Aristotle was one of the first persons to come up with the idea of a state?

Was Aristotle was one of the first persons to come up with the idea of a state?
No, his mom was when he needed to seperate from his neighboor, so they set up boundarys, hence states!