Collection and Enforcement: Is He Right, or is He Breaking the Court Order

My question involves a child custody case from the State of: Indiana

My ex and I are in the middle of a custody battle over our 6 month old son, but we both signed a temporary agreement for visitation and child support. My ex boyfriend gets our son every other weekend and every Wednesday and is supposed to pay $61.17 in child support. It went into effect on Oct 28 2015, he paid up until Nov 20 2015 and then stopped paying because he decided he was going to quit his job because he was tired of working for someone else. He has since told me that he doesn't have to pay support and never did since we were still going to court but that I HAVE to follow the visitation portion of the temporary agreement. And that even though based on his income of $500 per week at the beginning of our case he actually should've been paying around $120 per week but I agreed to $61. He now says that he can have it lowered even more or have it stopped completely since he doesn't have an income and is in the process of applying for Disability instead of going back to work, and that if he is approved they will pay his child support obligations for him.

Is any of this true? Does he really not have to pay support even though we have a court signed temporary agreement? Can he seriously quit his job just so that he can have his child support payments lowered or stopped? And if he's been physically able to work his whole life can he really get on disability for the sole purpose of having them pay child support?

Collection and Enforcement: Is He Right, or is He Breaking the Court Order

Determination of Fault: Bad Directions from Friend Backing Out of Driveway

A couple months ago, I went to a house party with college friends of mine. I'd never been to the house before and it was raining that night, so I parked in the driveway. I came in and asked if it was okay to park there, and the host, who lives there with some roommates, said that I could. Later that night, I had to leave because I had responsibilities in the morning, but one of the roommates came home and blocked me in with his car. We didn't want to wake him up, even though that's what we ended up having to do. I had JUST enough room to get out, but I definitely needed help. The host who helped me was pretty tipsy, while I had waited two hours to be sober, and he slowly backed me into his roommate's car. We've been trying to settle this without insurance, since I can't afford my rates going up, and things have been pretty cordial. I've been asked to pay $600 out of pocket, which is the estimate to pay for the scratch that was made. I made the critical mistake of agreeing to pay $300 up front, and maybe the rest in sporadic $50 increments, which I'd wager is pretty much admitting fault? I'm wondering if I'm actually fully at fault because I was the one driving, or if my friend is legally obligated to pick up some of the slack. I've already sent the roommate $150. I'm also wondering what they could do if I were to refuse to pay the rest or simply pay $300, with them knowing only my name, the fact we go to the same college, and the texts we've exchanged. We haven't reported anything to the police or the insurance companies, and we'd prefer to keep it that way.

Determination of Fault: Bad Directions from Friend Backing Out of Driveway

Why Not Simply Obey the Speed Limit

Of course, we could avoid the whole issue by simply driving within the limits...

Why Not Simply Obey the Speed Limit

Other Offenses: Charged with Soliciting for Prostitution

My question involves criminal law for the state of:Columbus, OHIO.

Hello,
I have been charged with Soliciting for Prostitution case recently.I am on OPT now. I hired an Attorney and he was like he can dismiss the case by April. Before that he wants me to attend a session which will be 6-8 hrs which am ready to. And then Cease the case in one year from April,2016. And currently I am looking for new Project to work as I am recently done with my project. so how will this be effecting my job search? will this show up in the Background check? And I am planning to apply for H1 this coming April. Can I do that or will that be a issue? I want to know what are the consequences for this in my employment and immigration. Please advice me.

Thank you.

Other Offenses: Charged with Soliciting for Prostitution

Property Division: Home Sale Funds in Escrow Pending Divorce, Husband Dies

My question involves a marriage in the state of: Florida

My husband and I had a pending divorce. We sold our marital homestead and all proceeds were placed in the title companies escrow account pending divorce finalization. Prior to mediation, my husband passed away (without a will). The escrow agreement stipulates a "court order" be obtained for release of these funds.

Along with the "Suggestion of Death", a "Motion for Release of Escrow Monies" was submitted to the court. The family law judge assigned to our case replied with a "Dismissal of Case for lack of Jurisdiction"; and an "Order Dismissing Wife's Motion to Release Escrow Monies from Sale of Marital Home" stating "The Court no longer has jurisdiction over the escrow property or the parties and finds that such motion should be dismissed."

My family law attorney has referred me to a probate attorney. However, it is my understanding that since these funds are from the sale of our jointly-owned homestead property and I am the surviving spouse/co-owner of the property, this case would be exempt from probate. No-one seems to know what steps I need to take to get these funds released to me.

Please help. Thank you.

Property Division: Home Sale Funds in Escrow Pending Divorce, Husband Dies

Legal Research: Sue a Non-Profit

My question relates to legal practice in the state of: Pennsylvania. Can a non-profit be sued and is there a statute of limitations for sueing.

Legal Research: Sue a Non-Profit

Warranties: to Sue Dell

My question involves a consumer law issue in the State of: Pennsylvania

Hello and thanks for looking,

I desperately need help with dealing with Dell Computers. I bought a $1,000 Dell Precision about 6 months and I haven't been able to use it. Here's the details.

I bought the laptop refurbished from a retailer on eBay. It has 3 year Dell on-site next business day warranty. It arrived defective but most eBay retailers have a clause that if a laptop has warranty you have to approach the manufacturer. I believed it could be fixed as it was an intermittent problem with the GPU and didn't worry about it.

Dell first sent a technician to replace the GPU and the problem persisted. (Screen freezes for a second and the desktop resets as if I clicked the refresh button and OS makes a sound as if I connected and disconnected a new hardware device and this basically happens indefinitely every 2 seconds rendering it unusable)

After that Dell asked me to send it to the depot where it sat for 30 days. After 30 days Dell sent me an email saying the laptop is unrepairable and that they are sending a replacement laptop.
I received both the replacement laptop and my original laptop.

Now is where it gets frustrating. The replacement laptop would NOT even get to the start screen. So I called Dell back again to send the replacement laptop back but they said the service tag number on it is not in the system and basically that the laptop shouldn't exist.
At this point I realized if I sent my original laptop back to Dell, I'd be stuck with the replacement which doesn't even have any records of being mine.

Long story short I sent the replacement laptop back to Dell and now I have my original laptop with me. I filed another warranty claim on it and yesterday they sent another technician to replace the GPu (AGAIN, UGHHH!) and the problem still persists.
I have spent 8 hours in the last 2 days talking to Dell CUstomer care and I have decided I want to take them to court because they are giving me the run around. In all I have maybe spent a 100 hours on the phone with these guys.

I was forced to spend another $900 on a brand new HP laptop last week.

I am a grad student and I have a flexible schedule so I would like to go to a small claims court to sue Dell. I don't care how much it costs me in terms of time but at this point it's become personal and a me versus them thing and I want to inflict some damage on them considering how much stress, how many sleepless nights and anguish I have had to endure.

I'd really appreciate if I could get any tips on how to sue them.

1) Which branch of Dell do I sue? I reside in Philadelphia, PA and I ordered the laptop from Philly when I was residing in Philly.
2) What sort of evidence should I collect and furnish to the court?
3) Do I have to provide Dell any kind of notice that I will be suing them? If yes, in what manner?

Thank you so much for reading.

Please feel free to ask me any more questions if you need further details.

Warranties: to Sue Dell

Speeding Tickets: Okanogan County - Contest Speeding Ticket

I recently received a traffic violation in Washington State and have a court date set for February 17 at 9 AM at the Okanogan District Court. I do not have any prior traffic violations and tomorrow I will submit a request for discovery based on Barry's provided template.

The traffic violation happened on New Years day and occurred right after I had turned onto the highway 97 from highway 20. I was accelerating when the officer passed me going the opposite direction (slowed down when I saw the officer do a u-turn) and then the officer proceeded to immediately pull me over. At no point was the officer's car stopped prior to when he pulled me over.

The citation listed two infractions (46.61.400 and 75R-2446) and was based upon driving at 70 mph in a 60 mph zone (Speeding over 10 mph (40 mph or greater speed zone)). SMD was checked as the method of determining my speed and the total penalty was $125.

Outstanding questions:
1) How do I confirm when the officer filed the citation (to see if it was within 5 days)?

2) Is there an online or readily available source to confirm the SMD certifications if they're not provided with the request for discovery?

3) Should I pay for an attorney if I could defer this ticket?

Any suggestions/ how likely is it for me to get this ticket successfully dismissed? I'll post any response I receive from the discovery request. Thanks in advance for your help!

Speeding Tickets: Okanogan County - Contest Speeding Ticket

Ownership Rights: Fencing in Property

I live in new mexico am buying my sister property and there is a paved road in the middle of our property that leads to a neighbor house we want to fence in all our property so they can use that road have toany issue with no privacy with him using the road thinking it is his own property when actually it is on our land. I would like to know if that is possible since it is paved but not legally a road. Also there is a small personal ditch on our property can we fence that in also because it is right in the moddle middle of our land. Or who can let me know what I can actually do.

Ownership Rights: Fencing in Property

Payment Disputes: Real Estate Broker Will Not Pay My Commission

Please help me...
My two question's involve independent contractors in the state of Texas:

1. My broker will not pay commissions I earned prior to terminating my agent sponsorship. We did not have an agreement but did have long running president show what my split was. The broker terminated my sponsorship and stated we was going in different directions and sated it was his (the Broker) intent to pay you full commissions on all deals that I closed or that will close as a result of your efforts. Once the broker collected the money from the client. The broker even emailed me a excel spreadsheet showing what deals was mine. I have requested my earnings and I get no response. Let me say they total around $24,000
Do I have legal leg to stand on?
Is broker required to pay me my %
Do I take them to small Claims or is there anything I can do to prevent court?

Question two with issue with same broker:

2. I did transaction and received both sides of the commission and broker review the deal then paid me my %.
Then Broker owed me on a different transaction 7 days later and sent me a check but stopped payment on this 2nd transactions commission check. Claiming I did not have seller and buyer (of the 1st transaction) sign intermediary agreement. The 1st commission check (had cleared brokers bank) 7 days prior to broker paying me on the 2nd transaction.
Side note: I did get both buyer and seller to sign acknowledging I was acting as intermediary and had both sign Information about brokerage service.

After terminating my sponsorship is when broker stopped payment on the 2nd check. After the stop payment the broker took 7 more days to reissue me a new commission check for the 2nd transaction but that 2nd commission check was now less the 18,900.00. The broker claimed he was owed by acting as the co-broker/intermediary in the 1st transaction. Broker never even spoke to buyer or seller during the 1st sale, but felt this was his side because of broker was the other intermediary assigned.

Is this legal?
Does broker have a right here?
Can I get that money back?
is there a way around court?

In total since terminating my sponsorship via email while on vacation...
Broker has keep $42,900.00 of my earned commissions.
Locked me out of company email address called my contacts and offered his help saying was no longer at the office and keep electronic save files so I cannot see them..
I do have the intermediary documents and the excel spreadsheet he sent in my first question above.
I have two year history of my commission split Broker would never offer me an agreement for me to sign..

Payment Disputes: Real Estate Broker Will Not Pay My Commission

Disability Benefits: What Happens if Your Representative Payee Becomes Unable to Serve

I'm on Social Security Disability (not SSI) and from the start, they set up my uncle as my rep. payee. He's 85, in seemingly good health, but you never know. Over the years, we've established a routine with my benefits and it works well. Except that I depend on my "weekly allowance" to pay my bills, buy food, etc. I am usually very much week to week, so one missed "allowance" and I could be in serious trouble.

My benefits are direct deposited to a checking account he maintains, and I have no access to it. He deposits my allowance into my personal checking every week.

I was reading about becoming my own payee, but my doctor of 20 years just retired and shut down his practice, so I can't get a letter from him. Also, I don't want to trigger a review because at this moment, I'm very....fragile. Just talking with an unknown person could send me over the edge, and I'm working so hard to remain as stable as possible until I find a new doctor. (Obviously this is psychiatric.)

So I have several questions and am open to hearing any suggestions. I don't have anyone else to be payee. I have no other family and no friends.

1. What do I do if he becomes unable or dies? Is there a way I could have joint access to that bank account? Or set something up to allow my access if something should happen to him?
2. Should I set up one of these professional payees? Do they charge a fee, and would they just keep it going as my uncle and I have it set? (Utilities are auto withdrawn from the payee account, and I get most of the rest in my allowance, which I use for other bills and food...he tries to keep a little back as savings, but I honestly don't know the details.) I really can't afford another bill, such as a payee fee.

3. Any other ideas? Even though he's in good health, I worry.

Thanks for any help/ideas.

Disability Benefits: What Happens if Your Representative Payee Becomes Unable to Serve

Compensation and Overtime: Salary Pay but Paystub States Total Hours (80 Hours, 2 Weeks)

My question involves labor and employment law for the state of: Ohio

I am paid the same salary every two weeks. My position as a manager requires me to be available from as early as 4am to 6pm. I manage a group of delivery people and some start as early as 3am and some finish as late as 6pm. Their hours can vary each day but the company expects me to be available to them anytime they are working. Most days I work from about 6:00am to 5pm five days a week.

I am paid biweekly and my pay stub shows "80" for the hours worked. I work closer to 50-60 hours a week.

My question: Is it legal for the company to list hours worked as 80 when I am working more? Since they list 80 shouldn't they pay me overtime on anything over 40 hours per week?

Thanks

Compensation and Overtime: Salary Pay but Paystub States Total Hours (80 Hours, 2 Weeks)

Compensation and Overtime: Being Paid Under Boyfriend's Name

My question involves labor and employment law for the state of: Arizona

I am an on-site apartment manager and my boyfriend is maintenance. I work 20 hours and he works 30 hours a week. We get $400 a month to split. They are paying it all under my boyfriend's name and there is nothing under my name at all. I was wondering if this was legal or not? We have not signed any sort of contract or anything, plus we are not married. (Not sure if that makes a difference or not?)

Compensation and Overtime: Being Paid Under Boyfriend's Name

Disciplinary Issues: Written Up Wrongly for Time Card Fraud

My question involves labor and employment law for the state of: TX

I believe I was accused and disciplined for time card fraud wrongly.

I am the manager of the insurance department at a car dealership. I have always had access to correct time entries for myself and my staff.

On Friday, 1/22/2016 I punched in at 9 am. When I came to the office on Sat morning (which is not frequent) to pass out bonuses to some of the car salesmen for referrals to the insurance department, I went to punch in at 8:58 am. However the electronic punch clock program (TimeKron) showed that I was still punched in from the day before. I punched out then punched in to reflect my Saturday arrival time. I then went in to admin mode and corrected the log out time from Friday to 4:20 pm. I passed out the bonuses and punches out at 9:33 am.

The following Wednesday General Manager came to my office and asked how long I worked on Saturday. I told him about 30 mins. He showed me a report from payroll saying that I punched in at 8:58 and out at 9:33, but changed my time to show that I worked until 4:20 pm, whichmade it appear that I worked all day Saturday. I explained that 1) I don't think that is correct because I corrected my time by recording an accurate punch out time that was missing Friday, 1/22/2016 then punched out later at 9:33 when I left on Saturday and 2) If I did accidentally enter the 4:20 pm punch out on Friday instead of Saturday it was obviously an error (not intentional) because it wouldn't make sense to punch in at 8:58 om Saturday morning, enter a leave time at 4:20 for Saturday, then ~30 mins later punch out at 9:33 am on Saturday (in that order).

I also sent this in an email to the HR/payroll person cc: the General Manager. 2 day later he writes me up for falsifying time records. I totally dispute this and want to know 1) if I have a right to see the timestamped entries with my login from the payroll system showing if I did mistakenly did this 2) If I didn't can I demamd they remove the write up from my file an issue a written confirmation that I was accused in error?y question involves labor and employment law for the state of: TX

Disciplinary Issues: Written Up Wrongly for Time Card Fraud

Rental Agreements: Deposit for Holding an Apartment

My question involves landlord-tenant law in the State of: California
I'm moving in to a new apartment I told the landlord I would move in on the 8th of February so know she is wanting a 500 hundred dollar deposit for a hold on the unit she said would go towards the rent. Can she cash the check before I move in .

Rental Agreements: Deposit for Holding an Apartment

Applying to Rent: Credit and Background Checks

My question involves landlord-tenant law in the State of: New Jersey: I am 53 year old man. I'm separating from my wife but I been unable to find housing, (apt). I was advised to seek smaller or one owner type things. I found a private apt. (separate) behind owners house with would be PERFECT. The reason I have been denied at the larger apartments, despite enough income is because I was convicted of a Disorderly persons charge in municipal 2 years ago. It's not the DP they are looking at but the litany of charges against me that day. those were all dismissed; clean record other than that. Since it is not a large complex is it at the discretion of the landlord. 30 years of solid blemish free employment, bought my own home at 23 lived and raised a family there for 30 years. The "victims" regret the entire thing happened and were beside me then as they would be now. I have offered 3 month's advance rent. My next question is should I go onto a pay site to look-up my record? Time is of the essence because I am seeing the property today. If so which sites are good? Do they all show the same thing etc. If the owner does not ask for much info. would it be prudent to keep my mouth shut? So sorry I'm frantic but I am emotionally exhausted from looking, applying then getting denied. So sorry, many years ago we had a man do work on our house, my daughter was very young. It turned out this local resident was on the megan's law list. How does this work as far as someone renting housing. Is it the perps. responsibility to notify his COA. I not on any list like that but was wondering where it fell in regards with this background check stuff? Sorry so much, hope it is not too confusing. Needing answer soon!

Applying to Rent: Credit and Background Checks

Collection Lawsuits: Can I Realistically Have a Lawsuit from USA when I Am Not in USA

My question involves collection proceedings in the State of: Not Sure

I have an LLC in Delaware USA. I am based outside of USA and we develop custom software.

We have a customer in USA who claims that the software we provided has caused them a loss of sales of about $20k. They did not track how the system was operating for a number of weeks and then they realized the system was not charging their customers each day! They then told us we changed the settings and made it work.

I do not think we were negligent because we ask all our customer to check everything we deliver before and during its operation.

We have an agreement that limits our liability to the cost of what we received from the client and also agreement says they must check every thing we deliver to them.

The company is only me and some contractors and I split my time between UK and Asia. I am not from USA, I am from UK but have no assets in UK, also I have no assets in USA except for a USA bank account. Where I live in Asia everything is in my wife's name.

The LLC has a mailing address in USA that is a friends house used for receiving the odd check and mail.

Do you think they can file a lawsuit against me and have any effect?

Could I be forced to go to USA. I worried about it!!

Collection Lawsuits: Can I Realistically Have a Lawsuit from USA when I Am Not in USA

Retail Fraud / Shoplifting: Arrested and Charged for First Offense Shoplifting

My question involves criminal law for the state of: Georgia...I was caught shoplifting a total of about $70 from Wal-Mart in Union City, GA. I was placed in handcuffs and put into the back of a police car for about 20 minutes. I did not go to jail. I was released and given a citation stating me to appear in court on April 4. I have never been in any legal trouble at all just about 2 speeding tickets. I am 18 and I made a stupid mistake that I will regret for the rest of my life. I am a full-time college student as well. My question is what is the best route for me to take in order to keep this off of my record so that it doesn't ruin my chances of getting a job and potentially getting into other colleges? Also i am unable to afford any type of attorney. I only make minimum wage. Please Help !!!

Retail Fraud / Shoplifting: Arrested and Charged for First Offense Shoplifting

Legal Permanent Residency: What Happens if you Get Divorced While Your Permanent Residency is Still Conditional

I am still on conditional status, waiting for the 2-year term to end until i will be granted permanent residency. I entered into a marriage in good faith, but seems things are not working on us. My US citizen spouse seems to be filing a divorced. I read about this waiver. Can anyone elaborate on this please? What will happen to my immigration status?
Another problem is, I'd like to visit my aging parents this coming June. but since I am about to face this divorce, what is my chance of being re-admitted here after visiting my old-age parents?
I need help. Thank you

Legal Permanent Residency: What Happens if you Get Divorced While Your Permanent Residency is Still Conditional

Other Violations: New Jersey Ticket 39:3-17.1,

I just got pulled over today afternoon, driving my girlfriend's car. I have a PA license and the officer gave me a ticket for not having a NJ license. The offense NO. is 39:3 - 17.1.

Do I need to pay for this ticket?

Right now I rent two apartments, one is in PA, which the address is the same as my PA driver license and the other one is in NJ. I work in NJ for 5 months but I haven't settle down in NJ yet. Since I graduated recently and most of my friends still live in PA, so I live in PA more often than NJ.

Thank you so much for your help and kindness!

Other Violations: New Jersey Ticket 39:3-17.1,

Traffic Accidents: Hit While Pulling into Traffic from a Car Making a Left Turn

My question involves an injury that occurred in the state of:CA

While leaving for work my girlfriend was exiting her parallel street parking spot merging into a regular two way street (five lanes total including the shared lane). with a center shared turning lane. While turning out with her blinker on, she was struck by a vehicle making a left turn into a driveway from the center shared lane. She says the driver entered the turn too early and much too fast, skid marks are about 5-6 feet long. Who is at fault?

Traffic Accidents: Hit While Pulling into Traffic from a Car Making a Left Turn

Driving Records: About New Jersey Ticket 39:3-17.1,

I just got pulled over today afternoon, driving my girlfriend's car. I have a PA license and the officer gave me a ticket for not having a NJ license. The offense NO. is 39:3 - 17.1.

Do I need to pay for this ticket?

Right now I rent two apartments, one is in PA, which the address is the same as my PA driver license and the other one is in NJ. I work in NJ for 5 months but I haven't settle down in NJ yet. Since I graduated recently and most of my friends still live in PA, so I live in PA more often than NJ.

Thank you so much for your help and kindness!

Driving Records: About New Jersey Ticket 39:3-17.1,

Police Conduct: Pulled Over and Vehicle Towed for Restricted License,

My question involves police conduct in the State of: Virginia

I just began probation recently. Last night I was driving on the main drag of downtown Staunton with my good friend at about 1A.M. The main drag is a straight road so you can see all the way down it. I made a right turn and immediately after I do, a cop turns onto the same road with his lights on behind me. It looked like he was waiting for me or something. When he approached my vehicle I rolled my window down and asked him why he pulled me over and he said he was on a call with someone, and he/she said they heard a gunshot in the general area I happened to be in(downtown). He then asked where we were coming from and going to, and I told him from the passengers house, then to a gas station so he could get me gas to get home because I was broke and the gas station we were going to was the only one open. I showed him my gas light to verify that, and also his home address matched when they looked him up.(I could hear the walkie talkie verifying it). After that he told us the gunshots were supposedly near Madison st. which was way behind me. He was obviously parked on the main road and would've seen me turn off of Madison st. if I did. I also had bad tags (which I could explain very well therefore wasn't charged for that), but that could not be his reason for pulling me over simply because he was never following me, and there is no way he couldve read, let alone scan, and pull me over in the split second he came out of no where and did so. nobody was coming from either way. I kept questioning his reasons and his words were choppy and his story didn't really make sense to justify pulling me over. Oh and when he approached my vehicle he didn't even have his gun drawn or any back up until about 10 minutes after. They all just sat in their car and nobody went and looked for the alleged "shooter". I remember in highschool I learned about a law "fruit from the poisonous tree", so was this reasonable cause to pull me over and what are my chances of having my probation violation completely cleared or even cut down? I am going to hire a lawyer. I know I was driving under a suspended license but they couldn't have known that from the tags of the car because they are under my dads name. Please help me and explain in details

P.S. this happened very early morning Saturday and I cannot contact my probation officer until Monday. should I see a lawyer on Monday before I contact her?

Police Conduct: Pulled Over and Vehicle Towed for Restricted License,

Applying for Unemployment: New Jersey Leave Replacement Teacher Unemployment

My question involves labor and employment law for the state of: New Jersey

Hi all,

I am a teacher in the state of New Jersey. Right out of college I became a per-diem substitute teacher in a school district in NJ and a few months later I managed to get a leave replacement (maternity leave) teaching job from October 2015-May 2016. I get paid the normal teacher pro-rated annual salary with all regular withholdings. Does anyone know once my contract finishes and the teacher is back and I am back into per-diem substituting (part-time job) will I be able to apply for unemployment in the state of NJ? My goal is to get another leave replacement position or a regular teaching position.

In my W2 I saw that I am paying for unemployment insurance (UI).

Thanks in advance for your help!

Applying for Unemployment: New Jersey Leave Replacement Teacher Unemployment

Protective Services: Removal of a Newborn Due to THC in the Meconium

My question involves child abuse or neglect in the State of: sc.
I recently had a baby early. I was cisitin my family in NC when they did an emergency c- section.
His cord was negative of illegal drugs. He did have the drugs from hospital in his system. My husband and i were there for 5 days before he was transported to Baptist across state lines. He is still there never been home yet.
Well recently richland dss said my baby merconium tested positive fo thc. Mind you my drug test was negative. Apparently mission hospital of asheville nc tested his meecernium but results took 2 werks because not only did they not say anything. They allowed my son to be transported across state lines. Now dss will not retest him. Nor can they explain how he was postive and i was negative. They are sayin he cant come home because its a risk that my family would expose him to weed even tho i dnt smoke. Idk what to do but even tho somethings not adding up they still want me to send my newborn to a family member and do a safety plan.

Protective Services: Removal of a Newborn Due to THC in the Meconium

Image Limits El is an Unlawful Encroachment on Public Speech

The image limits are screwed-up! It includes smilies and if you use smilies and attach other images, you are limited to 7 total, so you have to eliminate the smilies in order to achieve posting abilities and that qualifies as MANIPULATED SPEECH and NOT FREE SPEECH!

I do not like my speech CONTROLLED nor WILL I TOLERATE IT!



EL can consider itself as RECEIVING FREE LEGAL ADVICE WITH THIS THREAD, which falls WITHIN the RULES.

Ribbit :encouragement:

Image Limits El is an Unlawful Encroachment on Public Speech

State Intrastate Commerce Powers vs. National Interstate Commerce Powers

Howdy fellow inmates of planet Lawyer,

Why would the government NOT teach EVERYONE about the difference between a State's Intrastate Commerce Powers and National Interstate Commerce Powers?

Answer: so local governments (state/county/municipal) will be able to encroach on Interstate Commerce and get away with it, as well as being able to apply/enforce state/local laws OUTSIDE of the authoring state.

It's obvious the People know-not the difference and their governments are getting away with stealing the People's RIGHTS and POWERS from them and then using them against you in an unconstitutional manner.

Like, for instance, Traffic Law. ALL navigable by-ways of the United States are governed by Interstate Commerce, which ONLY Congress has that Power, so how can state, county, and/or municipal laws, impede on Interstate Commerce and they get away with it?

Answer: the Lawyers on the Bench are letting them get away with it.

http://ift.tt/1Sj6LKt

"Article I, Section 8 of the Constitution delegates to the Congress the authority to regulate interstate commerce. And it is settled beyond question that the transportation of persons is 'commerce', within the meaning of that provision. It is nevertheless true that the States are not wholly precluded from exercising their police power in matters of local concern even though they may thereby affect interstate commerce."

Where the Lawyers established encroachment powers is by the use of the phrase "matters of local concern" instead of using "matters of intrastate commerce concern" to properly define the situation and from that inappropriate statement, the states, counties, and municipalities, are ALL encroaching on Congress's Interstate Commerce Powers; and, at the same time, they are DRIVING-UP the PRICE of EVERYTHING, since any interference with Interstate Commerce automatically increases costs and the additional costs are ALWAYS passed-on to the customer, you.

That's why ONLY Congress may legislate over Interstate Commerce matters. The states, counties, and municipalities, can ONLY enforce FEDERAL LAWS pertaining to Interstate Commerce, they may not enact local legislation to occupy Interstate Commerce like they've been doing but the Republic of California does what it wants to:





Interstates in the United States are FEDERAL and belong to Congress for the purposes of legislation, and the federal interstate highway signs are not supposed to have the state's name on them but the Republic of California does whatever they want.

I find it interesting that the People of the United States are so stupid, they don't know the states cannot call themselves anything but a state, they may not call themselves a Commonwealth or Free State or Republic, they can only call themselves a state. Congress has the Power to create Commonwealths but only when warranted, like with Porto Rico, since it is owned wholly by a Sovereign Indigenous American Tribe.

The People of the United States are truly dumb-as-pHuck, especially when it pertains to Law!

Ribbit

Ps: Here's a federal interstate sign in Arkansas (where I'm from):



Notice there is no mention of "state" on the I-40 Interstate Sign.

Ribbit-Rubbit-Ribbit

State Intrastate Commerce Powers vs. National Interstate Commerce Powers

Bitcoin 2-Be Confiscated by Secret Service Here Shortly . .

Howdy fellow inmates of planet Lawyer, :cool:

BitCoin recently obtained a State of New York Banking Charter and from it, BitCoin says they can now do business in the 50 United States:

http://ift.tt/1H3SI68

“GLOBAL BITCOIN EXCHANGE ITBIT TODAY STARTS ACCEPTING U.S. CUSTOMERS NATIONWIDE THROUGH NEW YORK STATE TRUST COMPANY CHARTER”

“New York - May 7, 2015 – Global bitcoin exchange itBit today announced it is available to all U.S. retail and institutional bitcoin traders and will begin accepting U.S. customers immediately. Through a trust company charter, granted by the New York State Department of Financial Services (NYDFS), itBit has established the itBit Trust Company, organized under New York State banking law. This makes itBit the only U.S.-chartered and supervised bitcoin exchange able to offer unique protection and security for customers in full compliance with New York and federal law.

“Our mission at itBit has always been to create a trusted, institutional-grade exchange and regulatory compliance is an important pillar of that mission,” said itBit CEO and co-founder Charles Cascarilla. “Regulatory approval from the NYDFS allows us to serve as a custodian for our clients’ assets and expand our services to U.S. customers – the largest market of bitcoin traders in the world – and allows us to do so with the highest standard of care afforded by any Bitcoin company.”

With oversight from the NYDFS, the itBit Trust Company provides unparalleled security and protection for all client deposits and assets. All client deposits and assets, including both bitcoin and fiat currency, are held for customers in secure custodial accounts in order to ensure the safe return of customer balances. In order to provide further heightened protection, itBit has partnered with an FDIC-insured and regulated U.S. banking institution to provide assurances to all U.S. clients that their fiat balances are held in the U.S. and with the benefit of FDIC-insurance (up to $250,000 per account).”

The statement made: “This makes itBit the only U.S.-chartered and supervised bitcoin exchange” is an OUT-RIGHT LIE. BitCoin doesn’t have a National Banking Charter from Congress, it has a New York State Banking Charter and a State Banking Charter does not give you the power to do banking business nationwide, it gives you the power to do banking business within the State wherein you are Chartered and NO MORE. To do National Banking nationwide you have to obtain a National Banking Charter from Congress and that’s because the States only have Intrastate Commerce Banking Powers, which State Banks are empowered by BOTH State & Federal Law and State Laws do not EXTEND beyond their State BORDERS, so the reach of State Law is limited to within the borders of the State so State Laws cannot be enforced outside of the State but with Congress’s Interstate Commerce Banking Powers, that gives Congress the ability to enforce Federal Laws NATIONWIDE, to include Federal Banking Laws, so a National Banking Charter is a valid exercise of Congress’s Interstate Commerce Banking Powers, just as a State Banking Charter is a valid exercise of the State Legislature’s Intrastate Commerce State Banking Charter Powers but the State Banking Charter is only USABLE within that SPECIFIC state, it’s not usable outside of that state so State Banks cannot do any banking business outside of the state wherein they are Chartered, which also means they cannot loan money on fixed property that resides outside of the state but in the EMPIRE STATE, many State Banks aren’t abiding by the Rules; and those that aren’t abiding by the Rules, they are in SERIOUS trouble with the US Treasury Department and BitCoin is about to be confiscated by the Secret Service for operating a National Mint without a National Minting Charter from Congress.

Article 1 Section 8:

Clause 5: To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

Clause 6: To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

Article 1 Section 10:

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

The National Constitution is CLEAR on the matter, so expect to see BitCoin fall shortly. :encouragement:

Ribbit :D

Bitcoin 2-Be Confiscated by Secret Service Here Shortly . .

Plea Bargains: Going in Without a Lawyer to Plead Guilty to a Crime

My question involves criminal law for the state of: Virginia

Hi,

I was arrested for DWI and have a court date/arraignment coming.
The specifics of my DWI:
- First Time Offense
- BAC: 0.11
- No aggravating factors
- No criminal record. Just a few tickets here and there (No ticket in the last 2 years or so)

I've talked to a few lawyers and the impression I get is that I really don't have a case and have to rely on the prosecutor or the cop to mess up on their side to have a shot. At this point, I don't really see a point in spending $2000 - $3000 to get a lawyer if I'm going to be found guilty anyways. Everybody around me is saying I HAVE to get a lawyer no matter what.

So my questions are:
1. Is it really that rare/un-heard of to plead guilty without a lawyer?
2. Do judges usually look down upon this and give a harsher punishment than they normally would? All the lawyers told me that if I'm found guilty I should expect a standard sentence ( no jail sentence, etc. ). This sounds about right based what I researched.
3. Can I plead not guilty at the arraignment and get all the police reports, and then, make a decision on getting a lawyer? One thing I worry about this is that if I still don't think theres a point in getting a lawyer, can I plead guilty before the actual trial?

Thank you so much for your inputs in advance.

Plea Bargains: Going in Without a Lawyer to Plead Guilty to a Crime

Sales Agreements: Can You Get Your Deposit Back if You Decide Not to Buy a Car

My question involves a consumer law issue in the State of: IA

I think I am at fault here :wallbang:, since I paid a 10K deposit to the dealership so they can order a new vehicle for me. While I still have not received the written agreement that I asked for, though the sales guy had mentioned verbally that I will forfeit the deposit if I changed my mind. It takes about 2 months to build it, one month has already passed and there is no progress in the status of my order (I am now hearing it might even take longer than 3 months:wallbang:) before I will get it and now I feel I made a mistake :wallbang: and now I so clearly see other options where I can get the same car cheaper and not having to wait. Having done what I have done :wallbang:, paid the deposit, am I entitled to maybe get that deposit back?

Sales Agreements: Can You Get Your Deposit Back if You Decide Not to Buy a Car

Defamation: Can You Sue an Online Background Check Company for Defamation

My question involves defamation in the state of: North Carolina

A privately owned website, everify.com, is reporting a felony I had expunged two years ago.

Can I go after them for reporting it?

Thank you.

Defamation: Can You Sue an Online Background Check Company for Defamation

Starting a Business: USPS Form 1583 - Box 10 "Business Address"

My question involves business law in the state of: Florida

My wife, friend, and I are forming an LLC (a real estate investment club) in Florida. We recently discovered that the post office requires that we complete form 1583 (Application for Delivery of Mail through Agent) to establish a mail box at a mail center with a street address. As such, fields 10a-10e on that form require a “business address” and corresponding info. That said:

a. We're not required to nor will we have a "business address" for the city or county in which we live (because of the nature of our real estate investments)--essentially, we're not considered a business locally. As such, no permits or business licenses are required locally.
b. We will need a registered agent in FL for service of process as a requirement of the state.
c. We however will need a "business address" for the LLC state and EIN filings which is the purpose of mail box at a mail center with a street address.

Since we're not required to nor will we have a "business address" per (a.) above, would we be able to use the registered agent address per (b.) above solely to populate the business address field boxes 10a-10e on 1583 which, in turn, will enable us to obtain a mail box at a mail center with a street address for (c.) above...?

We've inquired with our post master but cannot get them to officially opine about using the registered agent's address for box 10. I don’t think they understand, are willing to give out advice, or care that there are competing requirements for the city, county, state, feds, and USPS that either overlap or are mutually exclusive. Wanted to see if it is legally permissible to populate box 10 on 1583 with our registered agent’s address. If the registered agent address is sufficient for form 1583, we would then be in compliance with the city, county, state, federal government, and ultimately the USPS.

Thanks very much.

Starting a Business: USPS Form 1583 - Box 10 "Business Address"

Eviction Process: Situation: Need to Evict Roommate

My question involves landlord-tenant law in the State of: California

I currently live in my Grandmother's house who lives out of the country and have taken care of the house for five years. I started renting two rooms 3 years ago and now have run into a problem with a roommate. I fear I need to give them a notice and have a strong feeling they may squat. I did not properly do a lot of things (Sound paperwork, reference check, etc) Can anyone give me advice on my situation?

1. Grandmother is on the grant deed
2. I have no lease or paperwork with my grandmother
3. I have a basic lease agreement with my roommate stating I am the landlord
4. I recently gave the roommate a 30 day-notice to amend the original agreement to include paying for the utilities
5. On the rental form, I believe their information is fake (permanent address is not real) and I failed to get a copy of the roommates license.

The roommate is refusing to pay the utilities and arguing my contract does not allow for an increase because it is a lease (It's a six month lease that expired a year ago).

I am going to give them a 60-day notice to leave (They have lived here for 1.5 year). If the person does not leave by 60 days, pays an impartial amount, or fails to pay, will I be able to evict the roommate in court? Or I do need to get power of attorney first? The reason I am wondering is because I want this roommate to leave as soon as possible because I feel very uncomfortable with this individual in my family home and have a complicated situation. I would like the fastest and safest way to have them leave.

Eviction Process: Situation: Need to Evict Roommate

Custody and Visitation Issues: Can Text Messages Be Legally Binding

My question involves a child custody case from the State of: California

Can a text message agreement to provide diapers and other necessities to the non-custodial parent be legally binding?

The backstory is there was an agreement that until the non-custodial parent got back on their feet the custodial parent would supply both children with their necessities on the non-custodial parents weekend, now the custodial parent wants to try and take away the children from the non-custodial parent if they cannot provide those things for them on their weekends.

I just want to know if the text message exchanges and agreement between the two parents could be considered a legally binding agreement.

Custody and Visitation Issues: Can Text Messages Be Legally Binding

Closings and Escrow: Forigen Owner Paying Big 30% Tax if They Sell Real Estate in America

My question involves real estate located in the State of: California

A friend of mine from a forigen country wants to sell a house. I understand there could be a 30% tax on profits for a forigner if she sells. she has owned it for more than 2 years and i want to know if this is normal and is there a way around it?

Closings and Escrow: Forigen Owner Paying Big 30% Tax if They Sell Real Estate in America

Liens and Encumbrances: Loan Mod Offer from Nationstar

CALIFORNIA


My lender offered me a loan modification that will lower my payment by only $70.oo.

They biased the new payment on 31% of my income.

They are asking me to make 3 trial payments before it takes full effect.

I plan to continue making the full normal payment so i can fight them if they report me as late on anything.

Will taking the offer hurt my credit? Seems like it legally shoulden't if we mutually agree to modify the loan.

$70.oo is not much help, and I want to ask for more, Should I accept it now and try to re modify it again later? or should I just say no and re-apply?

Liens and Encumbrances: Loan Mod Offer from Nationstar

Minors' Rights: Pregnant Teen in California

My question involves juvenile law in the State of: California. Can my teenage son's pregnant teenage girlfriends parents tell her where she can live at? She doesn't currently live with either of her parents now. Are their laws that the parents have regarding where the girl lives?

Minors' Rights: Pregnant Teen in California

Breaking a Lease: Roomate Wants to Break Lease

My question involves landlord-tenant law in the State of: South Carolina
My roommate wants to break the lease because her parents don't want to pay her have of the rent anymore. I was informed this morning by her that I need to find a someone to take over her half of the lease or take over her part of the lease myself. I told her that I can't find anyone on such short notice and I don't have the money to pick up her half. She said that she's giving her 30-day notice regardless. Can she legal do that and stick me with all the bills (since the electric and internet are in my name)?

Breaking a Lease: Roomate Wants to Break Lease

Retailers: Service Was Removed After I Purchased a Device (Apple Tv)

My question involves a consumer law issue in the State of: Florida

I am trying to determine what are my rights as a consumer after purchasing a device for one function after which that function is removed. I purchased an Apple TV device (about a year ago), and one of my main reasons for purchasing the device was to use it to listen to streaming music through the ad-supported iTunes Radio app. Suddenly that app has disappeared from the Apple TV (without notification, of course). I have found out (from a news website) that Apple seems to have eliminated iTunes Radio (and now there is no way to stream ad-supported music on the device, as there are no third-party music streaming apps available on it).

It seems crazy that they could advertise the device as having this function and then eliminate that function after the device is purchased, so I am wondering if I have any rights here (for example to request a refund for the device even though it is more than a year old).

Retailers: Service Was Removed After I Purchased a Device (Apple Tv)

Custody and Visitation Issues: Right of First Refusal vs. Blood Relative Living in the Same Home As Child

My question involves a child custody case from the State of: Indiana

My then spouse and I have resided in the home with my parents for a period of approx. 5 years. My mother has been the primary child care provider as we both work full-time. We are currently going through a divorce after my discovery of my spouse living a secret second life. My job requires me to travel on occasion (approx. 1 week every 2-3 months). My attorney said that there is a law that states if the children reside in a home with a blood relative the children can be cared for by this relative during time in which the custodial parent travels. My to be ex and his attorney are fighting that Right of First refusal trumps this law (or case). If the children wanted to go with him I would have no issue with it however the children do not wish to go with him and look at it as a punishment when I have to travel. Additionally he has reduced my child support order stating that our son is 12 and is not in need of child care while we work. If the child is not in need of childcare then how does the right of first refusal work if the child is old enough to care for himself/herself? I don't want to completely disrupt my children's life because of this divorce. When I was married and traveled he did not provide care for the children my parents did.

Custody and Visitation Issues: Right of First Refusal vs. Blood Relative Living in the Same Home As Child

Benefits for Injured Workers: Workers Compensation

My question involves workers compensation law for the state of: New Jersey

This question is for my brother who fell down at work while lifting boxes. Since 3 consecutive weeks he has been out of work and had leg pain. He kept on updating his employer with doctors note and all tests that he was doing. Now the incident happened 1 month ago and he thought his pain will go away but it kept on getting worse so he decided to go and see doctor. Today he received an email from his manager that he can apply for disability benefit. I want to know what is his right as far as claiming benefits is concerned ? Can he apply for workers compensation or can he apply for disability benefit ? His employer emailed him disability benefits form and also filled out the incident report. One Part of disability form has to be filled out by our doctor but we have not submitted the form yet because i want to make sure what is right for my brother (Workers comp or disability benefit) ? We want to make sure that the hospital bill that we may face has to be covered by employer. My brother has partial right hip fracture and i would sincerely appreciate if someone can walk us in the right direction.

Benefits for Injured Workers: Workers Compensation

Speeding Tickets: Speeding Ticket in Skagit County, Washington

My question involves a traffic ticket from the state of: Washington.
Hi there,
I received a speeding ticket in Skagit County, WA. After reading Barry's Procedural Guide to WA State traffic tickets, I requested a contested hearing. I have received my discovery (link below), but I wasn't able to find anything that could help me. I'm hoping one of you lovely people might be able to spot something I didn't. I am eligible for a deferral, and I'm able to pay the ticket, although (obviously), I'd rather not have to. If it would be helpful, I can post coordinates of where I was pulled over, which was right after I pulled onto the freeway.
Thanks in advance!

Discovery documents:
http://ift.tt/1PG4oup

Speeding Tickets: Speeding Ticket in Skagit County, Washington

Ownership Rights: City Public Drainage Pipes on Property That Collapsed

My question involves personal property located in the State of: North Carolina
For four years our neighborhood has been flooding the city is finally telling us what is wrong and our options. They said the public storm drainage pipes under ground on private home owners lots is collapsing. City of Concord is telling 16 families that they need to all agree and sign an agreement and all 16 home owners have to pay $4,400 within 30 days. The $4,400 will give these homeowners a drainage channel/sway anywhere from 3ft to 20 feet deep and 20ft wide. These homes have no back yard. So these homeowners would step out their back door and fall in a 20ft trench. If they don't all agree and pay $4,400 then the city will force each homeowner that has storm water drainage blockage to install a new pipe. The Pipe will cost estimate $20,000 per 20ft pipe. The city said if homeowners don't pay the $20,000 the city will get a warrent and come to the home and install it then the city will put a lien on house.
Its my understanding that the contractor is no longer in business and even if they were its past statues. Homes were built in 2000. I was told these contractors put the wrong pipes in. I asked city aren't you responsible for inspecting city water drainage pipes? They said no this wasn't considered city it was county and no county isn't responsible for inspecting it. Now our development is mapped for city of Concord. SO is there any way to help these families?

Ownership Rights: City Public Drainage Pipes on Property That Collapsed

Civil Rights Issues: My Son Was Falsely Accused

My question involves civil rights in the State of: My son was accused of stealing at school today from another pupil. He was taken to a separate room and asked to remove his school jumper,tie and shoes while the teacher emptied the contents of his school bag.My son and the boy whose money had gone missing were both late for their P.E lesson, they were the only two in the changing room(apparently?)left to get changed for their lesson . My son left the changing room first to join the rest of his class leaving the boy whose money has gone missing .Break time followed this lesson and it was at this point that the boy realised his money was missing from his wallet . The teachers were alerted and immediately assumed it was my son that had taken it . After being searched no money was found on him! I was also not informed of any of this going on. it was my son that managed to get a text message to me to tell me what had happened. later , when my son finished school he told me that he was not the last one out of the changing room like his teacher said , he was out before the boy. I called the school and asked about what had gone on today and I was told that it had all been sorted that afternoon by conducting a whole class search and then the money was found on another pupil. On top of this, whilst being searched they found a cigarette lighter on him (my son is 16)though he did not have his cigarettes on him , the teacher carrying out the search gave my son '5' lunch time detentions for having the lighter.
My son was singled out and accused before any type of investigation took place and then for his troubles ended with 5 detentions . have the school mistreated my son and if so what can I do about this ?

Civil Rights Issues: My Son Was Falsely Accused

Rental Agreements: Renting an Apartment for an Ex-Spouse Who is Disqualified as a Tenant

My question involves a marriage in the state of: New Jersey. My wife and I have agreed to a mutual separation. I have agreed to leave. I,ve tried several apartments but have been denied, each based on "criminal match". A few years ago I was charged with several indictable offenses, they were all dismissed and dropped down to a municipal court, Disorderly persons offense which pled guility and did a year of probation. that's all I have on my record. I've been employed by the same company for 30 years and have lived in the my own house for 30 years. my wife has agreed to rent/lease an apartment in her name but I would live there. I am aware of her risks such as if I didn't pay or damaged something but what other ramifications should we be aware of. Also It doesn't seem right that they look a the charges and not what I was actually convicted of. any help?

Rental Agreements: Renting an Apartment for an Ex-Spouse Who is Disqualified as a Tenant

Traffic Accidents: Hitting a Car That's Pulling Out of Parallel Parking Spot, After Turning Right

My question involves an injury that occurred in the state of: CA

I was turning right from a two-way street onto a two-way street, where there was no stop sign and another driver was pulling out of parallel parking next to the intersection on the street I'm turning onto. When I turned, the car puling out is more than halfway in the lane and slowly moving forward. My car's right side hit the front left bumper of the other car. Would I be at fault in this scenario, since the other driver has the right of way?

Traffic Accidents: Hitting a Car That's Pulling Out of Parallel Parking Spot, After Turning Right

Traffic Accidents: Failure to Yield to Left Hand Turn Driver

My question involves an injury that occurred in the state of: Arizona
I was coming out of my work's private driveway (no stop sign), getting ready to turn right onto a main street. The road was clear so I turned right and next thing I know, I was hit head on by a truck. The truck was in the median lane to turn left into the private driveway next to my work's driveway. They made a very wide turn left into the driveway and as I turned right, the collision happened. I was cited for not yielding to the truck turning left because he was "already established on the main road". Not only did I get a ticket but my car is totaled from the 5mph (if even that) crash. Can I win in court if I contest this ticket?

Traffic Accidents: Failure to Yield to Left Hand Turn Driver

Bail, Bond and Pretrial Release I Want to Be Released from Bond but Bondsman Says No

My question involves criminal law for the state of: Texas

I signed the bond to for my ex-girlfriend. She has moved away, has stolen from me, is dissing me in social media, has called the bondsman saying don't let me off the bond for because I'm only doing it for personal reasons. I have pending lawsuits against her for credit card abuse. After I signed the bond my ex left to live with another guy who signed the bond as a co-signer. The Bondsman says I can't be released because I signed a contract with them and the second co-signer on the bond was not qualified. What should I do?

Bail, Bond and Pretrial Release I Want to Be Released from Bond but Bondsman Says No

Estate Assets and Debts: My Client Died and Owes Me Money.i Am a Claimant on Estate.now What

My question involves estate proceedings in the state of: California

A few years ago, a client owed me just over $1,000 for services I rendered with him. When I go to collect, I found out that he actually died. I thought it was a prank to avoid paying and so I filed a small claims case before the statues expired. When the Sheriff served him, the wife answered the door and informed the Sheriff that her husband had passed away.

And so, I found out what paperwork I needed to file to put a claim on the estate; which I did April 28, 2014 and I sent notification to the wife about the claim. When I view the case through the courts, I see that I am listed as a Claimant and no one else is listed as a claimant. However, I have not received any payment in the mail.

What is my next step and chain of action? How do I get the ball moving in order to get the wife to pay out my claim on the case?

Estate Assets and Debts: My Client Died and Owes Me Money.i Am a Claimant on Estate.now What

Enforcing Custody Orders: Are You Required to Exercise Extended Visitation if You Can't Get Time Off of Work

My question involves a child custody case from the State of: Maine

I am the non-custodial parent. My agreement says "Holidays and school vacations shall be divided as follows: each party is entitled to one of February and April school vacation weeks with the children." Am I required to take the children one of these weeks? I want to, but am unable to get vacation time from work. My ex wife is a teacher, so she has the same vacation schedule as the children. The primary residence of the children is with her.

The agreement also states the parties shall have children for two weeks of vacation each summer. I only get 1 week of vacation from work, so am I required to take them for two weeks?

Enforcing Custody Orders: Are You Required to Exercise Extended Visitation if You Can't Get Time Off of Work

Medical Malpractice: Complications After Surgery for Perianal Abscesses

My question involves malpractice in the state of:

My dad went through numerous surgeries regarding a perennial abscess near his groin, after a few surgeries a fistula was developed is that normal? Another issue he is having now is when he urinates he sees pieces of stool also coming through with the urination, and when he passes gas he sees his inner thigh inflate and at times some stool. His wounds are left open by his surgeon for any puss/bacteria that gets built up to naturally leave the body.

Medical Malpractice: Complications After Surgery for Perianal Abscesses

Transfer of Title: Vehicle Purchase Question // Title Flipping Concern

My question involves a consumer law issue in the State of: Florida / California

Hello,

I recently purchased a motorcycle on ebay using paypal (via credit card just in case ebay doesn't help me w/ any dilemmas) although I am currently in a pickle as more information has been released post sale :

* The seller has informed me that the title is under a friends name (obviously they can get power of attorney but I'm thinking the real reason is due to tax purposes/etc AKA title jumping) + buyer section part of the title is clear

* Seller has informed me that he will provide a bill of sale from himself (for eBay) & another from the original owner for DMV purposes

* I am on the west coast and the seller is on the east coast. I am currently placing shipping on hold (got several shippers through USHIP) until I make a decision. If I were to have this motorcycle in my possession and I do run into an issue (not being able to transfer/register), how would the rectification process work across states be it suing or etc ?

* I received a picture of the title that shows a title issue date of 9/3/15

* Ran a VIN check (paid) & everything looks good so far.. not reported stolen or anything


With all these factors, would I be screwed if I was trying to register this bike at my DMV (california) ? Is there something I am missing ?

Transfer of Title: Vehicle Purchase Question // Title Flipping Concern

Speeding Tickets: Ticketed for Speeding on an Interstate Highway in Missouri

My question involves a traffic ticket from the state of: Missouri on interstate highway 44.

So the other morning I was pulled over by a St. Louis County Officer on the out skirts of Eureka, MO. The officer cited that they used a moving radar to clock me going 93 mph in a 65 mph posted zone.

My reason for doing this was that i had moved into the passing lane before approached the officers location because I wanted to pass several semis. One of those a semis was throwing rocks up at my car, so to avoid costly damages I chose to pass him. However, in the passing lane there was another driver who had approved my vechile and proceeded to ride my rear end. As we appro when the bend where the officer was I was able to get in the travel lane to reduce my speed. The officer began slowing down and flipped on their lights. I moved to the slow lane, but the other vehicle continued to drive at a high speed and passed both of us. I guess for whatever reason I made myself the easier target and the officer chose me to pull over.

I was informed that it was a state highway and that I should contact the state for a court date. I do not usually speed. However, I was made nervous and so I did to avoid an accident. I plan on hiring a lawyer, but does anyone know if I will receive jail time or lose my license? I'm a working adult who has a 30 minute commute. I cannot afford to lose my license.

Thank you for looking at my story.

Speeding Tickets: Ticketed for Speeding on an Interstate Highway in Missouri

Property Rights: Protecting Yourself From Accusations That You Damaged Your Ex's Property

My question involves personal property located in the State of: Florida

Short version: I live in FL, my ex-gf is from and lives in OK. She came out to FL to stay with me for a bit and brought many of her belongings with her. A few months later the crazy came out and we parted ways. She is now back in OK, but she never took the belongings with her. I stored them for many months, trying to get her to retrieve them and even offered to help with the travel and expenses to get them back to her. I eventually moved to a storage unit, paid for one month, then told her to put it in her name and that I would not pay any more. I mailed three boxes of items back to her. When she recieved them, she broke and destroyed all the items and then posted on face book that I did it. She also filed claims with USPS for the $50 insurance.

My problem now is, she told me she was coming next month to get her things from her storage unit, and that if anything is damaged (and it will be when she gets here and breaks everything) shes going to file a report here in FL and then sue me in/from OK.

How do I protect myself form this? I don't have access to the unit
I have photos of the items in the unit undamaged. Her reply was "I broke the things after I took the photo's".
Can she sue me, a FL resident living in FL, from OK, for property damage that happened in FL?

***I have not, or ever intended or implied, that I would ever damage her property.*** I went to great lengths getting the storage unit, boxing up and moving her items to the unit.

HELP PLEASE!

Property Rights: Protecting Yourself From Accusations That You Damaged Your Ex's Property

Establishing an Order: Dad Had Not Established Paternity, Mom Ran. Now She's Back

My question involves a child custody case from the State of: Louisiana

I want to preface this by saying, this is a fictional situation and I'm asking in the interest of doing a little research. I'm really sorry if that's not okay! But in the rules it says not to pretend to be someone else, so I thought, maybe if I'm upfront about this situation being for a novel, you guys might help me out a little.

The situation is this. Mom and Dad were together, not married, and had Son. For various reasons, Mom took Son and left (went home to Uncle and Grandfather, in another state) when Son was eighteen months old. Through a series of misunderstandings and unfortunate events in which Uncle was the chief instigator, Mom stayed away for a year and a half, during which time she gave birth to Daughter, who is definitely Dad's child. Son has Dad's surname, but because Dad wasn't around for the birth of Daughter, Daughter has Mom's surname, if that's at all relevant.

Through my preliminary research I've figured out a few things, I think. First of all, because they weren't married, Dad has no actual rights, correct? Until his paternity is established? Because there was never any question that Son was his, so he never felt the need to assert his "rights". Now, since Mom has already taken off once, he's scared she'll do it again, hence his desire to get something in writing.

So here are my questions:

1. What advice would you give Dad? Right now, all I have is that he needs to establish himself as Son and Daughter's father by having paternity tests. After that, I don't know what he's supposed to do.
2. Given that Mom and Dad were cohabiting and were, technically, both custodial parents to Son at the time Mom left (and despite the fact that Dad had not yet asserted his paternity), was Mom's leaving (and staying away, and keeping Son away) a crime? I looked at the legislation for "simple kidnapping", where a non-custodial parent takes the child from the custodial parent, but that doesn't quite seem to fit.
2a. If it WAS a crime, what is the statute of limitations?
3. Given that the majority of misunderstanding and ill will was due to Uncle's actions, which were deliberate and malicious in intent, is there any way Dad can insist that Son and Daughter have no contact with Uncle?

I'm happy to fill in any more details if they're relevant to having the question answered! I'm also happy to delete this post if the fictional thing isn't allowed here, and if that's the case I'm really sorry to have bothered you all. Thanks in advance for any advice you might be able to give.

Establishing an Order: Dad Had Not Established Paternity, Mom Ran. Now She's Back

Reckless Driving: Lost Ticket and Didn't Appear to the Court Yet -23103(A) VC

My question involves a traffic ticket from the state of: California

Hi, I got a traffic ticket for driving more than 100mph with 23103(a)vc on Dec 15th 2015. My car is impounded with the code 23109.2(a)2(B)vc.

I am an immigrant from india under F1-Visa. I had to leave the country for medical emergency with Leave of Absence from school. Now I am in India and couldn't appear to the traffic court.

I am planning for re-entry in march 1st week .

Would there be any problems on my F1-Status during re-entry??

What would be the usual fine/punishment for immigrants in CA with above codes?? Currently my car is taken by my Financer.

Since I couldn't appear to the traffic court on time ?? Will there be any further problems ??

Reckless Driving: Lost Ticket and Didn't Appear to the Court Yet -23103(A) VC

Rent and Utilities: Utilities Without Submetering

My question involves landlord-tenant law in the State of: Hawaii

Hey guys! My lease agreement is now month to month. In the agreement, it states that my rent includes a credit of $150.00 towards utilities. My landlord has decided to bill each unit for electricity but the building only has one meter attached which means he doesn't know which unit is using how much electricity. He now states that we owe him quite a bit of money over the $150.00 credit because as he averages out the building, our consumption has exceded the credit amount.

My question is can he just decide to average out the electricity bill among the tennants without submetering the unit and if not, where can I find the actual law stating that? I've read through the Hawaii Housing Authority manual and I can't find anything pertaining to this, but I could have overlooked it.

Thanks in advance!

Rent and Utilities: Utilities Without Submetering

Deprivation of Civil Rights: Illegally Denied Permit to Purchase Firearm (Mn)

My question involves civil rights in the State of: Minnesota

Hello! Hopefully this is the right place to post (as it would be a civil issue). If not, please accept my apologies and let me know where I should post instead.
Thank you in advance for any help that anyone can offer.

This is a permit to PURCHASE, not a concealed carry permit!
In the my first attempt to get a permit, the chief denied me on the basis that I was convicted of Domestic Assault, I was not convicted for Domestic Assault, I was charged with 5th Degree Domestic Assault that was dropped to Disorderly Conduct in a plea agreement between myself, my public defender, with my wife testifying there was no assault, and the District Attorney. I plead Guilty to Disorderly Conduct and received 6 months probation, I also have not been in any other trouble before or after this incident.
This happened in October 2002.

What can I do? What are my options?
If it isn't grounds for denial (as the only reason), what is my recourse with the city?
I would be willing to pursue anything that costs less (to me personally) or on a contingency fee basis would be great.
I just want to be able to resume my hobby/sport.

Deprivation of Civil Rights: Illegally Denied Permit to Purchase Firearm (Mn)

Liens: Car Towed and Sold Without Notification

My question involves vehicle registration or title in the state of: Virginia

Hi everyone,

I parked my car in my old estate for about four months. When I went back, my car was missing. There was no sign posted any information about towing. I called the estate officer to know that they have no idea where my car has gone. I tried several towing companies around, and figured out that my car was towed by one of them. They told me they already sold my car after about 7 or 8 days after my car was towed by them. I have totally no idea who towed my car before, since there was no registration, and they sold the car without notifying me.

So now, is this a illegal lien sale and towing? Should I sue them? At what point should I hire a lawyer?

Thank you very much!

Liens: Car Towed and Sold Without Notification

Repair and Maintenance: What to Do with Potential Landlord/ Tenant Act Issue

My question involves landlord-tenant law in the State of: Arizona.
Hello, we have just moved into a duplex unit in the past week and are dumbfounded by the lack of help from the management company. There has been many scenarios in which we have documented with pictures and email communication and the initial walk in as a problem. One which our main concern is this, the floors in the kitchen, bathroom and hallway are old vinyl flooring. Some of it is chipped and lifted in other areas. The previous tenants in the home had large dogs which urinated in the bathroom and up by the sliding glass door for the patio. Due to the vinyl flooring lifting in different areas, the urine seeped underneath the flooring. We have emailed and requested to see if they can arrange a clean up of this or possible replacement and refuse to do nothing. I have yet to send any certified letters to them about it but from what has transpired Id like to know what I can do. Every time the shower is on or heat is in the restroom the smell is immense and nauseous. We have used vinegar, bleach and hydrogen peroxide to soak the floor with in hopes of getting rid of it and nothing has happened. I've forwarded the land lord tenant act to advise them that we were to be provided a home that's a habitable and sanitized home within all the common areas and still refuse to do it. Its not owned by a person but the actual realty group we rent it through, per the public tax records. This I feel is a sanitization issue and falls under category to resolve with the landlord tenant act. We have also taken pictures using black light to show the areas of the urine to be shown as well to document. We are not trying to be pushy or demanding but the absolute denial of handling an issue like this is a slap in the face. They even advertised on Zillo and Hot Pads website that walls will be painted and new carpet AND FLOORING will be put in. Even though it may not be on the lease, its been noted so early within us moving. No one picked up on it due to the smell of paint and primer masked it, and no hot air was going through the restroom either. I just want the smell gone and them to take care of it, whether they can possibly treat or clean it or replace the flooring. We told them its violating our rental rights and the tenant landlord agreement, emailed them the proper sections that they need to fulfill, advised them its making us feel ill breathing it in every time we clean ourselves and that its not sanitary. If it ws something I could simply mop out I wouldn't care but its under the vinyl and they don't care for it as an issue. What can I do or am I right within getting an attorney?:wallbang:

Repair and Maintenance: What to Do with Potential Landlord/ Tenant Act Issue

Business Disputes: LLC - How to Recoup My Pending Invoice Payment from Another Consulting Firm

My question involves business law in the state of: NJ


I run an LLC company providing Technology and Computer Consultants to clients. In 2006 my company signed master agreement with another consulting company. They hired our contractors and used to pay our invoices. In 2009, they did not pay one of our invoices. We kept exchanging emails back and forth and they kept giving lame excuses but no payment came through. Our contract says - Any dispute arising out of this agreement not being resolved amicably between both the parties can only be resolved through laws of Arbitration of the NJ Chamber of Commerce, Trenton, New Jersey. What are my legal options to recoup my pending invoice payment of 2009?

Business Disputes: LLC - How to Recoup My Pending Invoice Payment from Another Consulting Firm

Visitors and Guests: Termination of Lease

My question involves landlord-tenant law in the State of: Lakewood Washington : My husband is on the lease and now I have to leave and the manager said I needed to leave because my husband doesn't want me there. She stated he can put you on the lease and pay the 40 dollars screening fee. Before that even happened my husband and I got into a argument about him spending money and as his wife Question him about it and other things, Well he went and had the maintenance guy change the locks, I went down to let the maintenance person that did he have a court order or did my husband . He didn't reply. I waited the next day and talk to the manager she still wanted me out because I have bad credit. I have a eviction due to me being a cosigner on a apartment. I emailed her for a reason as to why they are terminated his lease, she said since I am not on the lease she can't discuss it with me only my husband she would. He informed me that I have to go and that he can stay and they will void the notice. I was shocked. I'm hurt,I don't know what to do. January the 15 i paid the fee and the 20th of January got a notice to leave. After my conversation with the maintenance guy they gave me a key to the apartment. I feel like my credit has some to do with it,but I feel like I have been mistreated by the manager and most of all by my husband. They have my name and my husband name on the termination paper,but I am not on the lease.

Visitors and Guests: Termination of Lease

Patents: Who Ip is a Production Drawing

I have a patent pending musical instrument. I gave a local manufacture my hand drawn dimentional drawings for manufacturing. They used my information to create their in house production drawings. 100 units were made for the first prototype production run. They were paid. They will not give me copies of these production drawings for my records. Are these drawings my Intellectual Property or theirs?

Patents: Who Ip is a Production Drawing

Assault & Battery: Threatening Somebody With a Knife

This happened in Canada where the legal drinking age is 19. Just looking for some broad details of what the US laws are in this situation:

So the other night my buddy and I were out drinking on my 19th birthday. When the bar was on last call a 50 year old man came over and asked if we wanted to go back to his place to keep the night going "I have a fridge full of 48 beers boys" is exactly what he said. Being young and dumb we took him up on his offer. Once we arrived back at his apartment it was very small and had little furnishing my friend and myself begin to worry this wasn't the best decision. This really settled in when he started making ludicrous comments like "I could kill you now, throw you in a ditch and no one would ever know." He said this multiple times, maybe he meant this as a joke but to myself and my friend it didn't seem like a very funny one. Later on after a few more drinks my friend and him started talking about each others mothers and how they had a rough childhood. He then invited my friend into his bedroom to continue the conversation in a more "private" environment. This set red flags off with me as my friend was probably too drunk to realize what was happening. Immediately I grabbed my jacket and felt for my money when my friend in him were in the other room. I found my money was gone missing. I felt like he wouldn't be able to leave the apartment willingly so I grabbed a knife and said "friend come out here this guy stole my money and trying to get on you. Where is my money?" He started to walk toward me. "I said back up, I'm leaving and I think you should leave too" to my friend. We ran to the nearest place possible, I left without shoes and dropped the knife. When we got to an establishment my friend realized his wallet was gone. We called the police to report the incident. Gave them all this information. I realized the next day that my money had fallen down a hole in my jacket pocket. The police called and say this guy could press charges.

So my question is: Can I go to jail for this even though I thought I was endangered and my life was threatened? Is my best defence my friend and my testimony saying he could kill us throw us in a ditch? What do you reckon will become of this?

Assault & Battery: Threatening Somebody With a Knife

Other Injuries: Is a County Immune from a Lawsuit Alleging Negligence in Training of Volunteers

A county law enforcement agency organizes and manages a team of volunteers for search and rescue. Volunteers are provided training in CPR by agency and are certified by qualifying agency on successful course completion. Qualifying agency requires defib unit training as part of CPR. While requiring volunteers to be certified with qualifying agency card, the law enforcement agency mgr has arbitrarily decided to not require defib training for volunteers.

Technically, the CPR card is invalid since AED training and testing, required for it, was not provided. If a volunteer is engaged in a County activity, and either fails to render first aid when needed, or renders it incorrectly with serious injury or death resulting, irrespective of their level or adequacy of training, are they immune from any and all liability due to the CA Good Samaritan Act?

Just as importantly, is the law enforcement agency immune from a negligence claim if their volunteer with a CPR card (signifying defib/Automatic Electronic Defibrillation (AED) unit competence) fails to render defib first aid with death resulting, or renders it with death resulting due to incompetence caused by the agency's arbitrary decision to eliminate related training required for the volunteer's CPR certification? (See CCR HSC Section 1799 series, and particularly 1799.102(a) regarding Good Samaritan law and exceptions.)

My intuition tells me that a volunteer trained by an agency and working under their control is not subject to liability for rendering emergency first aid, but that the County would be liable if injury or death results from the volunteer's actions resulting as a consequence of lack of training tied to the arbitrary decision by the County to eliminate a portion of training (AED) otherwise made a part CPR training and as a requirement for issuance by the qualifying agency of a CPR card required by the law enforcement agency of the volunteer.

Does the law enforcement agency put taxpayers in the county at risk for liabilities, connected to volunteers it supervises and utilizes to fulfill its mandates, resulting from arbitrarily gutting of a portion of training it otherwise requires, en toto, for CPR certification of its volunteers? Does it put its volunteers, denied AED training as a required part of CPR certification, at risk of negligence lawsuit in a worst-case scenario? Can such a decision to eliminate AED training, thereby technically invalidating volunteers' CPR certifications, be made with immunity from any related liability by the agency's medically-untrained manager of volunteers? Anyone out there in CA or in a state with similar Good Samaritan and strict liability/negligence laws been up against this sort of thing before?

Other Injuries: Is a County Immune from a Lawsuit Alleging Negligence in Training of Volunteers

Termination of Support: Child Support Reimbursement to Ncp

My question involves a child custody case from the State of: CA

Dad and I have a stipulation in the process of being re-filed with the courts. The stipulation was signed in mid/late September by dad, his counsel, and my counsel but I did not sign the stipulation until yesterday b/c counsel (unsure who - if it was his counsel’s office or my counsel’s office) submitted the stipulation to courts without retaining my signature. I inquired about the status of the stipulation continuously (called and emailed my counsel’s office continuously) but I didn’t get much of status report until a week ago. The stipulation that is being re-filed states that “Child Support shall be set at $0 (pursuant to family code 4065 etc.), arrears will be set at $0, and that petitioner/mother shall have sole physical and sole legal custody of minor child. Any visitation to father shall be at the discretion of the mother with the child’s best interests in mind.”

My counsel’s office warned me via email yesterday (when I finally received the stipulation for me to sign and submit) that opposing counsel is requesting that I reimburse my son’s father for Child Support paid to me via garnished wages through DCSS, from Oct 2015 up until now. Presently his wages are still being garnished. I told my attorney’s office that I am not reimbursing dad for Child Support already paid.
Dad ended visitation with our son on his own accord before signing the stipulation in June. We have zero contact. He only had visitation with our son for maybe 6 months.

Dad owes me child care costs that add up to 3K, which I invoiced him following the court guidelines prior to October. At this point I am not asking for any reimbursement. I did tell my attorney’s office that if opposing counsel is going to insist that I reimburse dad for child support already paid that I was going to request that he reimburse child care that he still owes.

Will the courts enforce that I reimburse dad child support paid even though the stipulation was not signed by me until yesterday, and the judge and child support services has yet to see/sign stipulation?

Termination of Support: Child Support Reimbursement to Ncp

Modification of Custody: My 13 Year Old Has Asked for Months to Stay Primarily with Me. Can I Do Anything

My question involves a child custody case from the State of: Tennessee

Since she was 5 years old my daughter has been in a somewhat odd custody arrangement with her mother and I. She stays with her mother half of the week and me the other half. To avoid having to pay me child support they set things up so that her mother is responsible for my daughter's medical needs.
My daughter is now 13 and I don't even remember why this arrangement ever really made a lot of sense in all honesty, but her mother certainly doesn't handle the medical needs well at all. She always schedules things on my days then tells me when I have to take her to a doctor's office instead of asking if I will be free to do so, and trying to communicate with her has always been pointless because she just asks her husband what to do and goes with whatever he says.
It may be worth mentioning that this divorce happened after 5 years of my wife cheating on me with the man she moved out with less than 2 months after I left her over it, and that is also who she married. Of course it hurts me to have the man who broke up my marriage making all of the decisions for my daughter while there and helping to raise her as her step-father, but it is what it is...

Anyway, every time they ask for extra days with her and I agree to it, they bring her back hours or even a day late without answering my calls or texts. They take her out of school for random things on my days sometimes and tell me nothing at all until they drop her off at my door hours later, again not answering calls or texts, leaving me worried sick and on the verge of calling the police. Communication has always been so bad with them that for the last year I have made it clear we will only stick to exactly what the custody agreement says, and anything they plan to do with or for her MUST be done on their own days, not mine. They still ask me to keep her longer or let them have her longer for vacations and such, but I have been adamant that we stay with the set schedule to avoid issues. This has worked out much better.

As for what my daughter says though: She has told me for years that they all but totally ignore her over there and only seem to care about her little brother, the child they had together. I believe my daughter but wouldn't just act on the word of a 13 year old. However, this has been proven time and time again as they have tried to put my daughter in a terrible rated school just because it was within walking distance to their home. They get her to school late or not at all often because they just don't bother to wake up, and they put their son in a special private school that is a good drive from their home. I could go on with examples, but best not to write a book here. The point is, she feels she isn't important to them there and never has been. She has been asking me for months "Since around August last year" to let her stay with me primarily and have planned visits with her mother (weekends, summer breaks, whatever).
For months I said no because I figured it was just a phase. I told her that if she wants that, she should tell her mother. I also called her mother when she first asked and her mom said she would respect whatever our daughter wanted to do as far as where she stayed primarily. That was a lie...
My daughter says she has told her mother she wants to stay with her dad every week since then but they always either ignore it or get angry and tell her "When you turn 18 you can make that choice!" So for the last few months my daughter has asked me to take this to court. More specifically, she asked why I can't make them let her stay with me and I explained that it'd likely take lawyers, lots of money, and court, and she has repeatedly asked me to "Do the court thing".

I have always taken pride in being a good dad. My ex even stated in court during the divorce that I was a great father. My daughter is also my best friend, interested in (and talented in) the same things as me, such as various types of art, fantasy and science fiction, and we have the same type of general humor and behavior, greatly different from her mother who she was nearly as close with. She says that at her mom's, when she isn't locked in her room she is made to watch football or play in the back yard with her little brother as the babysitter so her mom and step-dad can play online games together for hours.

I definitely get why she wants to stay with me. I can see how this 50/50 week to week split isn't very stable for her life and upbringing. She loves spending time with me and her 2 younger sisters here at my place and gets very sad when it is time to go back to her mom's. I want to help her and she has pleaded with me about this for long enough that I feel it should be taken seriously. Can I do anything?

Big thanks to anyone who takes the time to read this and try to help me with information.

Modification of Custody: My 13 Year Old Has Asked for Months to Stay Primarily with Me. Can I Do Anything

Theft and Larceny: Caught Shoplifiting New Jersey

My question involves criminal law for the state of: NJ Im from Jersey and I am 17 years old with a clean record. A few days ago I was caught at sephora with $284 worth of stuff, some of which I had taken for my friend who was there with me. I was approached by the LP after leaving the store and taken to the back room. He said they were not allowed to call the police at the time and that I had gotten a huge break. He did not say anything about being charged but after reading the jersey laws I know there is still a possibility that l can be charged. I got banned from sephora and the mall as well as given a civil service document. So cops were not called but I know i had committed a felony. My concern is, will I be summoned to court and how will I know? What charges can be put against me? How long does it take to be notified when I will be summoned or if i will be receiving a summoning in the mail. Again he did not say anything about charging me. I was also cooperative with the whole ordeal and kept my cool. I gave him everything, my phone, license, the products etc. Im just not sure what to expect in court and if I will even be summoned. I know they have a year to charge me.

Theft and Larceny: Caught Shoplifiting New Jersey

Minors' Rights: Caught Shoplifiting New Jersey

My question involves juvenile law in the State of:Im from Jersey and I am 17 years old with a clean record. A few days ago I was caught at sephora with $284 worth of stuff, some of which I had taken for my friend who was there with me. I was approached by the LP after leaving the store and taken to the back room. He said they were not allowed to call the police at the time and that I had gotten a huge break. He did not say anything about being charged but after reading the jersey laws I know there is still a possibility that l can be charged. I got banned from sephora and the mall as well as given a civil service document. So cops were not called but I know i had committed a felony. My concern is, will I be summoned to court and how will I know? What charges can be put against me? How long does it take to be notified when I will be summoned or if i will be receiving a summoning in the mail. Again he did not say anything about charging me. I was also cooperative with the whole ordeal and kept my cool. I gave him everything, my phone, license, the products etc. Im just not sure what to expect in court and if I will even be summoned. I know they have a year to charge me.

Minors' Rights: Caught Shoplifiting New Jersey

Expenses and Reimbursement: Making an Employee Pay for a Mandatory Business Trip Scheduled for After They Resign

My question involves labor and employment law for the state of: Texas

My wife's previous employer is a small business (10 employees or less) that organizes and runs large meetings and conferences for clients such as medical associations and corporations. They have less than 10 large clients that have been repeat customers for more than 10 years and their annual meetings are around the same time every year. My wife's previous employer always purchases employee plane tickets for the events 4-6 months in advance. This was her first job out of college and she got it to support our family as I finished school (I am a veteran and trying to finish school as quickly as possible). The company had such a high turnover of employees (5 people have held the position in the last 3 years) that AFTER my wife was hired, they made everyone sign an amendment to the employee handbook that stated if employees left the company, they would be financially responsible for plane tickets purchased in their name for future events, or whatever the ticket insurance did not cover. Afraid of losing the job we needed to be supported, she signed it.

She had been absolutely miserable in the job but stayed there for a year, it is a hostile work environment, until she found a better position at a prestigious private university. She put in her two weeks notice in the middle of October 2015. A week before her final day, they approached her and tried to pressure her into signing an additional promissory note stating again that she would accept financial responsibility for any future plane tickets. This was because they had already purchased a $1250.00 plane ticket to an mandatory event in Hawaii in her name, scheduled for March of 2016. (This was well over half of her net monthly income I might add). The company filed a claim with the travel insurance and told my wife that it would only be covered if she had been with the company for at least 3 years. She left without ever signing the additional promissory note and on her last day, her boss (The company owner) threatened to take her to court and that it was "her reputation on the line".

We feel that is is completely unfair to try and charge employees for the plane tickets to mandatory work related trips especially since there is maybe one month out of the entire year that they haven't already pre-purchased plane tickets. It is rigged so no one can leave without having to pay back hundreds or thousands of dollars. We also understand that fair or not, she signed the amendment. But the amendment makes no statement of repayment terms, interest or a pay by date. So out of spite, we offered to repay the ticket at $15 per month knowing full well that it is a ridiculous amount. They countered that they want $300 per month for four months or else they will take her to small claims court.

My questions are, do they have any legal ground to demand the repayment terms they want if it was not called for specifically in the employee handbook amendment that my wife signed? Is this situation even legal? It feels like complete entrapment to me, "you have to work here for at least three years or else you will have to pay back hundreds or thousands of dollars if you try to leave."

My wife was already struggling with anxiety and depression from the work environment and treatment she received (documented by many doctor/therapist visits), but she finally got out and found her dream job that she absolutely loves. She just wants to put that place behind her and now this former company is back and attacking her even after she is gone. I am tempted to go to small claims court and plead our case but I am worried about losing and having to repay the plane ticket plus court fees and THEIR legal expenses. Can anyone help me sort this out or give an opinion on what to do next?

Expenses and Reimbursement: Making an Employee Pay for a Mandatory Business Trip Scheduled for After They Resign