dimanche 30 avril 2017

Moving Out: Landlord Did Not Schedule an Initial Walkthrough Despite Request

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

I requested an initial inspection to be scheduled 2 weeks before my move out date. My landlady refused and said she only does the final walk though. In about 20 minutes I will be embraking upon that with her employee/realtor.

I've ready the civil code and DCA landlord tenant hand books, etc... It looks like since she denied that and did not provide the security deposit statute, that she is in violation and I am entitled to my entire security deposit.

As I understand it, once I receive the deposit back (whatever she gives me back) and the itemized list describing the deductions, I would need to first send a demand letter asking for the deposit, and if she does not, then I can file in small claims court?

What else should I know going into this? I have also read that if I get to small claims, I can sue for 3 times the deposit amount? (deposit and 2x more for damages).

This lady has been a nightmare and done many shady things. She seems to take advantage of the less fortunate while she resides in her mansion on a golf course. Several people who were shown the place while I still lived there were all section 8, I am not. I feel like she is a bottom feeder and now preying on section 8 people who maybe don't have as much leverage or resources to defend themselves.

I wobn't go into details about all the shady crap she did but I really don't feel that she should be able to keep any of my deposit. In fact, the move in walk though sheet was prefilled out and she emailed it to me. In any event, I just want my deposit back because I took great care of that dump and asked for an initial walk through so I would have the opportunity to fix anything.


Moving Out: Landlord Did Not Schedule an Initial Walkthrough Despite Request

Grandparents and Third Parties: Parent Left a Child to be Raised by Grandparents

My question involves a child custody case from the State of: California
My mom and dad had me in their 20s and neither of them moved out of their parents house. My parents divorced when I was in preschool. The deal was that my mom has me during the week and I'm with my dad on the weekends/holidays. When I was about 7 years old my mom moved in with her boyfriend and basically left me to be raised by my grandparents. She would occasionally visit, or hang out with me for the day. Sometimes I would sleepover at their apartment. (In first grade I actually got in a awful car accident because my mom was taking me home late after having me spend the day with her. She was texting and driving but I was too young and scared to admit at the time.) My mother started to attempt to be more involved in my life as I became a teenager. She causes huge emotional distress for me. Anyone who talks to my mom can immediately see she is an angry woman. (She has a messy past as a high schooler involving assault, running away so often the local police department was familiar with her mom, and tons of counseling/therapy.) When I turn 18 is it possible to prove she left me, even with most of her mail and her license claiming my grandparents address? My grandparents, along with other family would testify against her. Overall question: Is there truly a possible case here or no?


Grandparents and Third Parties: Parent Left a Child to be Raised by Grandparents

Premises Liability: Can You Sue Your Landlord Over Illness from Mold Exposure

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

I moved into an apartment in August of 2013. In July of 2014, I had a bad problem with my plumbing in the apartment. My toilet began to overflow large amounts of water. The toilet did this all by itself without me having to flush. There was so much water that it flooded nearly half of the apartment with filthy toilet water and raw sewage from the toilet bowl. (Before the toilet malfunction, I had a problem with dirty bath water from an upstairs apartment coming up through the drain in my bathtub and filling it with dirty water.) I called the landlord and he sent a plumber to fix the plumbing problem with the toilet. However, after the plumbers fixed the toilet, my carpet was still drenched with toilet water. I volunteered to clean up the water with my wet/dry vacuum and my landlord consented and took no further action. Several months later the same toilet problem occurred again. Again, the landlord sent a plumber to fix the toilet; but this time I asked him to clean up my dirty, flooded carpet. He said he wasn't feeling well at the time and asked me to do it instead. I complied, and the landlord took no further action.

A few months afterwards, in October of 2015, I started having a mold problem. I smelled a moldy odor in my apartment and various belongings became covered in a green mold, but the mold would only appear in areas where the flood waters had spread to. I called the landlord about it and he sent a specialist to inspect the mold. He looked for mold in the walls but said he couldn't find any mold there. I told him that the mold appeared to be coming from the floor. Eventually, the specialist pulled up the carpet and disinfected the floor underneath. He told me that he found a large amount of mold underneath the carpet but managed to kill all of it.

In April of 2016, I was at work one day and had a sudden difficulty breathing, even though I have no history of asthma or breathing problems. I went to an emergency room and it was suggested that I was suffering from acute bronchitis. I incurred a hospital bill of about $1,200 and also paid for antibiotics and an asthma inhaler, which amounted to $57. At this time, I did not notice any mold in my apartment. However, in August of 2016, I began having serious breathing problems again which seemed to intensify the longer I stayed in my apartment, but I was unsure as to the cause. Shortly after, I began to smell a moldy odor in my apartment. I called the landlord and he sent the same mold specialist to inspect the apartment. This time, the specialist claims he did not notice any mold. Later, the landlord offered to pull up the carpet and disinfect the floor again but I decided it was safer to just move out, which I did at the end of September. My landlord did not return my security deposit because I failed to give 30 days notice before my departure.

Ever since I moved out, I have had to throw out some of my belongings that had visible mold on them, and almost all of my property has a moldy smell on it. But more importantly, my respiratory health has seriously deteriorated. I have had serious breathing trouble, and have had to use my asthma inhaler on a daily basis. I have also been taking various dietary, herbal and therapeutic methods to purge my lungs of the mold. I have improved since I moved out of the apartment but am still suffering. I have also had to dispose of some of my belongings that have mold spores on them and I may have to dispose of many more of them.

I believe my landlord is exclusively responsible for the mold that appeared in my apartment because of his negligence. I have done some research on what to do when there is a flooding in a building, and I have learned that in such a situation it is necessary to immediately pull up the carpet and the carpet pad underneath and to allow the floor to thoroughly dry before replacing the new carpet. However, my landlord did not do this. He didn't dry the carpet itself, or even clean or disinfect it, even though it was soiled with dirty toilet water and raw sewage. He actually did nothing at all with my carpet until after the mold appeared months later.

I would like to file a personal injury lawsuit against my landlord in order to compensate for my pain and suffering, my hospital bill, my belongings that I had to dispose of, the expenses I have paid to remedy my illness, and also future medical expenses that I may have to pay in order to get well. Do I have a case against my landlord?


Premises Liability: Can You Sue Your Landlord Over Illness from Mold Exposure

How Much of This Lease is Actually Legally Binding

My question involves landlord-tenant law in the State of: Washington, but not Seattle.

This question is a copy of the text I posted at the stack exchange law sub-site. Please excuse the brief (and censored) examples of profanity.

I'll start by saying that the situation isn't ideal. It's an efficiency apartment in the basement of my girlfriend's co-workers house. Prior to us living there the space was used as an office/work space for a dog grooming business (there is a very small bedroom, bathroom, shower and another room kept constantly locked because they're growing marijuana in it, supposedly legally.) We are not allowed to have anything in the main entry way because they still come down frequently to tend their marijuana plants and occasionally wash dogs. The lease is for a set duration of time (through the end of July).

They did not provide us with a copy of the lease agreement, although we asked, and my understanding is that any part of a lease that violates tenant law is unenforceable.

From memory, I recall the lease stating that they may enter the unit whenever they wish with or without notice, and that although they are permitting us to have our 2 cats, in situations where they need to use the unit for dog washing, the cats are to be confined to the small bedroom. Also that they may, at any point, with or without cause, terminate the lease, at which point we must vacate within 5 days.

The "landlord" isn't exactly the nicest of people, and our ceiling/their floor is extremely thin, so every small noise from the main house is heard in our living area, yet we're expected to stay extremely quiet. We constantly hear him shouting and swearing at his young (10 or 11 year old) son and his two large dogs sound like elephants walking around above us.

To put the icing on the cake, today I came home and was immediately greeted with anger because I left the bedroom door open for the cats and they needed to wash a dog, something they told me they were going to do yesterday. While I was trying to apologize for the misunderstanding, the landlord lost his temper, swearing and shouting at me to "shut my f***** mouth", then proceeded to come at me with his hands balled into fists and threaten to " knock my b**** a** out " and ended by telling me that I needed to "get the f*** out, but my girlfriend could stay". Through all of this, I was denied entry to my living area because the landlord's girlfriend was washing a large and unfriendly dog. I was forced to either leave the property, or wait in the back yard where the landlord kept coming back out to.

I'm very sorry for the long winded post. I will update once I get a copy of the lease that we didn't have a choice but to sign, for fear of not having a place to live. What I really want to know is how much of this is cause for me to go for a legal approach? As far as the growing marijuana, this is Washington and he claims that he has his medical growing license, but also consistently demonstrates fear of drawing attention to the house, the reason he gives is that he's growing pot.


How Much of This Lease is Actually Legally Binding

Would I Be Notified if My Estranged Father Died

Long story short, my father has some sort of personality disorder and has kind of shut himself off from the world. He usually bombards me and my other siblings with emotionally abusive emails or texts, but I haven't heard anything from him for a couple months which is rare. Would I be notified if he died? I'm not sure if he has any of our addresses or a will and he could have even deleted our phone numbers in a fit of anger or despair. I don't want to call the cops because I'm afraid they might check the house and I don't want to get him going again if he's simply decided to be peaceful.


Would I Be Notified if My Estranged Father Died

Business Disputes: Promoting While Working for Other Company

My question involves business law in the state of: Texas
If a person is employed with a retail store and he decide to open his own store (same products) while working and start promoting with the clients about his business what legal consequenses can he have?
note he didnt sign any contract at the moment he got hired.


Business Disputes: Promoting While Working for Other Company

Traffic Lights, Signs and Controls: Struck on Bike, Cited for Failure to Obey Traffic Control Device (Oregon 811.265)

I approached a busy road on my bike with an intention of crossing. I stopped at the stop sign and waited over a minute for a chance to cross. No cars were coming from the left, but there was a line of cars stopped behind the stop light from the next block up. I looked through the line of cars and saw no movement. With that and the knowledge that the light up ahead was red, I carefully proceeded. With my hands over my brakes and my head turned to the right, I slowly began to cross. As I reached the far lane, a truck that I could not have seen collided with me. Thankfully, because I was being cautious, I was able to see him as soon as possible, begin to react, and ultimately leap from my bike which prevented me from becoming seriously injured.I don't believe that the driver did anything wrong, besides perhaps speeding--but I have no evidence of that.

When the officer arrived, he showed bias immediately. As soon as the driver stated that he is a volunteer with Search and Rescue, the officer and him "buddied up." They spoke of the specifications of his truck--mpg, oil changes, something about the officer's brother's truck, etc. He barely looked at or spoke to me, and when he did he did not treat me with the same level of respect that he treated the driver with. I cannot help but feel that this was either due to my status as a cyclist or young woman. He showed more concern for the dent in the truck than the possibility that I was hurt.

The only way I could have avoided this was turning around and taking a different route--there was no bike lane on the busy road I was crossing and cyclists are not allowed on the sidewalks, so I could not make it to the intersection with a crosswalk. Keep in mind that this is in a city which prides itself on being "bike friendly."

I was sore for the next few days and my bike was damaged. The drivers truck has almost $4,000 worth of damage. Even though I know that I did everything I possibly could have to ensure self-preservation, I am wary to plead not guilty due to the chance that I could be found guilty and have no way of avoiding the charges from the civil suit from his insurance. Based on what I am saying and the wording of the law, do you think I'm guilty? Would it be worth it to hire a lawyer? Right now, I am being given minimal assistance by my university's student legal services. I was told to photograph my injuries, not speak to the driver, and fill out an accident report for the DMV with my telling of events.

If I were to bring this in front of a judge, I would want to emphasize my acute awareness of the dangers of existing as a cyclist next to multi-thousand pound metal vehicles. I do not make reckless decisions when biking because my life is on the line. I stopped at the stop sign and used all my senses and all the information available to me to determine that it was safe to cross. It was not, but the fact that I was not seriously maimed is evidence of my caution enabling a quick reaction.


Traffic Lights, Signs and Controls: Struck on Bike, Cited for Failure to Obey Traffic Control Device (Oregon 811.265)

Drug Possession: Misdemeanor Drug Charge

My question involves criminal law for the state of: My girlfriend was arrested for drug possession in Pennsylvania. My car was pulled over being driven by a friend of hers for turning the wrong way on a one way street. The officer asked for license and registration and also for the names/id's of the passengers in the car. One of the passengers had a warrant for their arrest in another state. The driver was being questioned as though they were driving under the influence. My girl friend was in the front passenger seat and was asked to exit the car. While all three were being detained outside of the car the car was searched by several officers without permission given or even requested. There was nothing visible from outside the car and no odors to be used as probable cause to do un unwarranted search. Can the officers legally search the vehicle for either the belief the driver was impaired or because one of the passengers had a warrant for their arrest?


Drug Possession: Misdemeanor Drug Charge

samedi 29 avril 2017

Getting Fired: What Are Your Rights if Your Employer Pressures You to Retire

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

I am a senior manager, age 64 with 10 years with my firm with a stellar work performance record. There is a second senior manager in his early 50's with the same level of seniority who has worked for the firm for about 3 years. I suspect there will only be enough work for one of us in 2018/2019. If my firm comes to me an asked me to take early retirement, what are my rights:

1. Do I have the right to refuse as I do not have enough savings for retirement.
2. If my firm has the right to retire me, do I have any rights for a financial settlement due to my 10 yr. tenure, good performance, and the fact I am the most senior manager in terms of tenure.
3. What are my rights to collect unemployment insurance.

Thank you in advance


Getting Fired: What Are Your Rights if Your Employer Pressures You to Retire

Retail Fraud / Shoplifting: What Should You Do if You're a Compulsive Shoplifter

Hello! This is definitely not my first charge nor will it be my last. This being said, I have a compulsion for shoplifting. I don't know how to stop. I am deemed Seriously Mentally Ill. How do Inget.out of this with just probation???


Retail Fraud / Shoplifting: What Should You Do if You're a Compulsive Shoplifter

Establishment: How Can I Keep Ex-Husband from Continuing to Mentally and Verbally Attack Me Via Text

I live in Florida. I share 2 children with my ex-husband who is considered a narcissistic, abusive, drug addict. I have full custody of them for the second time since our divorce in 2010. I had a restraining order on him during our marriage because of some issues with physically abuse. Even though I don't think he is a physical threat to me at this time, the rest of the torture continues. His thousands of text messages throughout the years have been mind melting. He has tried to turn the kids against me whenever he has gone to jail; He even brought me onto the Dr. Phil show, air date January 12, 2017, if that would help someone understand a small piece of what this man has done. The reason I am writing this now is because he has started the crazy texts again. He hasn't seen the kids since September 2016 and I won emergency custody for the second time in November 2016, and for I while after the Dr. Phil aired, which did not go as he had hoped to say it gently, he has been under the radar. Actually, I usually refer to these couple of months of peace since the show aired as "me being under his radar" since his contact has been random and sparse. Before yesterday he has emailed me once and texted me twice about speaking to the kids. I responded that he and I needed to discuss where he was in his life regarding his mental stability and sobriety before I would make any decisions involving the kids because I did not want them any more damaged than they already have been. He has now started the crazy delusional texts all over again where he rants about insane stuff like: that now that I'm getting 50% of his income, him, his wife and child are unable to live and "that's on" me. (I have not received any money since last June and the 4 scattered months before included purge payments from when he would go to jail for not paying;) That since I'm now in full time ministry God should meet my needs; He wants to know what church my ministry is associated with; He wants to know if he should just go to our divorce case manager and tell him how difficult and self-righteous I'm being; that he won't tell me anything about what's going on in his life (drug issues) because I will turn them around and make his life a "living hell and that is not the sign of the leader of a Christian ministry"; He says that Christians are not supposed to go to court with each other (although he's been in court many times that had nothing to do with me, like him trying to sue another man for cyberstalking his infant son, and to sue a company for discrimination that was somehow related to them having a problem with addiction...seriously); that he used to have to the kids more than i will admit to and that I illegally collected child support, which he calls my "ungodly child support account"; He said that I've had sex with a friend of mine and a drug dealer to pay off his debt and that I told our daughter that and that I told her he begged me to be intimate with him, "who tells theiron daughter something like that?"; that I have "told him" that I have I have sold narcotics to people; He says I'm not really a Christian and I have a money launderling scheme. I'm so sorry, but the list just keeps going. The things I just shared with you were just some of the things he texted in just one day, although he has said those and many other things repeatedly for years now. My family has been tortured by the hundreds of psychotic things he's done over the years, including him running with the kids, taking them on crack binges, and physically abusing me in front of my children and even hurting my older children that I have from a previous marriage. I thought once he remarried I would finally be free, but I'm not. And now I have a public social media ministry and he is stalking my page and posts. What can I do before he emotionally destroys me, and now I have to worry about him publicly defacing my ministry. He has already done this to a church's Facebook page after he was forced to leave. That was a recovery church and he was banned from the 4 churches we attended while we were together. I've had to call the police so many times for different reasons, including refusing to bring the children home when he did have visitation, also being hostile towards me at my house. The court officers have to detain him in the courtroom until I have time to leave the premises. But they can't "do anything" until he actually hurts me again. But doesn't what he's doing count for something, especially now that he's a threat to my reputation as a minister. I don't know if anyone will ever read this story, or have any ideas about how to make him leave me alone, but God bless you if you or anyone you know can help me. Sincerely.
Sorry for typos, I'm getting upset talking about this.

My annonamous email is myrealstory42@gmail.com if anyone ever sees this.

Sorry, don't know how that yellow face thing got on there...


Establishment: How Can I Keep Ex-Husband from Continuing to Mentally and Verbally Attack Me Via Text

Spotlighting Homes in Virginia

First of all, let me say that I wasn't exactly sure where this should go--please move it to an appropriate forum as necessary.

I am in Virginia and am researching state laws pertaining to spotlighting of homes and private property from a neighboring property with commercial grade spotlights (such as those that would be used by EMS, fire departments and other commercial use.

I am particularly interested in anything related to "light trespassing" that may apply in Virginia. I seem to be turning up plenty of topics on spotlighting agricultural property, livestock, spotlighting from vehicles, hunting with spotlights and the like but nothing pertaining to a neighboring property spotlighting the windows of ones home, spotlighting people on private property, etc.

Not sure if this would fall under peeping Tom or invasion of privacy or perhaps both. Insight please.


Spotlighting Homes in Virginia

401k - Beneficiary - Loan Amount, Probate Court and Tax Clarification

My question involves estate proceedings in the state of: SC

Hello,

I am looking for some clarification and advise regarding a 401K account. The 401K account belongs to my Aunt who resided in the state of South Carolina and she passed away in October 2016. I am the only beneficiary for her 401K account and I reside in the state of Georgia.

She was not married at the time of her death. However, she has an executor for her accounts and estate. The executor has filed the necessary documents in November 2016 with the probate court in the town/county in South Carolina to
handle her estate, creditors and other claims.

401K related details:

1. Company: Prudential Retirement
2. Aunt's Employer sponsored program
3. The account is fully vested. My Aunt started this account in 2004 and in 2007 her employer switched this account to Prudential
4. Approximate amount in the account as of now: $25,000
5. My Aunt took a loan in September 2014
6. Outstanding Loan amount: $8,000
7. This loan fell into default upon her death
8. Prudential's claim assistants informed, either myself as a beneficiary or my Aunt's estate don't have to pay this loan amount back. However the tax component will be deducted before the beneficiary receives the final settlement
9. Prudential has sent me the Beneficiary Claim Form

Probate court and Estate related details:

1. The Executor sent a copy of the Will to my Aunt's relatives within 2 weeks of her death
2. The Executor has advertised the legal notice for the creditors to file the claims

My questions:

1. Can I officially file a claim with probate court against her estate for the 401k defaulted loan amount
2. Should Prudential send the 1099R form to the estate or should I get it from Prudential and send it to the Estate
3. If not the full loan amount, can the tax component for this loan amount be filed as a claim to the estate/probate court?
4. Will the Federal tax be applied to the remaining amount in 401k ($25,000) or for the whole amount $33,000 (including defaulted loan of $8,000)?
5. If I choose to receive one lump sum distribution (I am not planning for an IRA account now), when I file my personal tax return, will I incur both federal and state tax for this money?

Thanks,
SP


401k - Beneficiary - Loan Amount, Probate Court and Tax Clarification

Driving Down a Hill VC 22350

What to Do if Your Neighbors Won't Take Their Trash to the Curb

Should I file a complaint with the state Health Department? On Monday, April 24, 2017 my next door neighbor refused to take their over filled smelly, rotten decayed trash can to the curb in Asheville, North Carolina so the city trash truck could pick up the waste. The trash can lid is opened and over filled and a black crow picked waste from their garbage can. I have complained to the landlord regarding this incident. My entire house STINKS because of their smelly garbage in the A Unit. The smell is unbearable. It smells like a abomination of body odors and human waste. I feel light headed. The stinky fumes has gotten into my clothes and furniture. Thank god my new bed mattress has a plastic cover. On Thursday, April 27, 2017 I went to Ingles Market to purchase Fabaluso. (THE UNDER COVER GUYS WHO WERE STANDING AT THE BUS STOP WHEN I GOT OFF E1 BUS CUSSED! Maybe they think, I am a stinky person due to the incident with the neighbors trash can and smelly homeless people riding the transit bus?) To my surprise, Ingles were completely out of stock. I purchased Pine Soil instead. I came home and filled the mop bucket up with washing powder, detergent, bleach, pine soil, Ajax hot water and everything else I could think of. I opened the windows and turned the fan on high. I mopped my house from topped to bottom. I also removed my clothes and soaked them in washing power and pine soil. I also went to their apartment and asked to speak to the owner. It seems that the owner has left the premises and moved in a friend or relative. I did see the neighbor with a huge UHaul truck about 2 months ago. If he was here, this would not be an issue. Last year, his company left liquor containers in my back yard. He was nice enough to pick it up.

I ALSO WANT TO SEND A CLEAR MESSAGE TO THE CITIZENS OF ASHEVILLE, NORTH CAROLINA! I AM A CLEAN, RESPECTABLE, WELL EDUCATED PERSON LIVING BENEATH MY MEANS. Like most Americans, I took a substantial loss due to the economic recession caused by a criminal entity who hacked deleted my email, accounts and tampered with other data. I have filed a report with law enforcement regarding the hacked email and breach of data. This year, I am working around the clock to take back everything the enemy stole from me. I BATH AND SHAMPOO DAILY! I HAVE A VARIETY OF SOAPS, PERFUMES AND BODY SPRAY. DO NOT BE DECEIVED MY CRIMINAL WRONG DOER'S WHO ARE DOING EVERYTHING IN THEIR POWER TO TARNISH MY REPUTATION.


What to Do if Your Neighbors Won't Take Their Trash to the Curb

Promotion: Verbally Agreed Upon Salary Will Hold Up in Court

My question involves labor and employment law for the state of: South Carolina.

My General Manager was recently promoted to General Manager from Assistant. They verbally promised her an agreed upon wage for her to take the position and she doesn't feel like they are paying her the agreed upon wage (She doesn't know for sure because the website is down that holds our paystub information). Will a verbally discussed wage hold up in court if they decide not to pay her the full amount?


Promotion: Verbally Agreed Upon Salary Will Hold Up in Court

Vandalism and Mischief: Irremovable Sticker on My Car Legal or Vandalism

My question involves criminal law for the state of: South Carolina.

Extra parking for my community is in the guest area parking by the pool. I park my car there because we have 3 vehicles and only 2 parking spots for our home. It doesn't sit long. I work 60+ hours per week and it is my main source for transportation (It is moved daily). This morning my car had a sticker on it thanking me for parking in the right location but asking me to verify my address by calling a phone number listed on the sticker. This sticker takes up half of my window and I cannot peel it off no matter what I have tried. I have an appointment with Honda for an oil change and I intend to have them remove the sticker when I go. I feel like my car has been assaulted. No sign is posted that states that they are allowed to place stickers on my car. I don't get a lot of free time in my life and I definitely don't enjoy using it to deal with issues like these. Can I sue the HOA or Property Management for vandalism? They obviously need a better system for figuring out which cars are with which unit than vandalism. To me, the use of this sticker is no different than if they had decided to use spray paint.


Vandalism and Mischief: Irremovable Sticker on My Car Legal or Vandalism

Interstate Issues: What Can I Expect at Child Custody Hearing if One Parent Lives Out of State

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

I have filed a petition to establish custody and visitation here in my state of Oklahoma. The father lives in North Carolina, but I don't know exactly where he lives; I only have his mother's South Carolina (SC) address. I have a court date at the end of May and would like to know what to expect. There is currently no custody order or visitation schedule in place for our child, and the father is on the birth certificate. I am seeking sole legal and physical custody of the child, because I have been a single mother for almost 2 years since I left the child's father.
We have a stable life here. I currently live with my parents and have a full time job, and help with the bills and am also saving for my own place and paying off student loans. My family supports me by helping watch my son while I'm at work, usually no more than an hour or two a day. My son does not appear to be negatively affected by his father's absence, but seeing as how he has special needs and is nonverbal, I can't say for 100% certainty that it has affected him. He has a great male role model in his grandfather (my dad). I previously lived together with my son's father for 4 years in SC, but after many years of abuse that culminated in sexual assault, I filed a police report and was granted temporary custody of our son and a protective order, both of which expired in 2015.
The father has had no contact with me or our child since March 2016, after he physically threatened in some text messages that he sent to me, ironically after learning that I'd warned his fiance about how dangerous and volatile he is. I filed another police report here in Oklahoma and tried to get a restraining order, but my request was denied. I've since then changed my number and cut off all communication with him (through Facebook or social media), and only keep in contact with the father through his mother (child's paternal grandmother). We've communicated twice in this manner regarding child support, which has been sporadic and rare. Because of the relational history between me and the father, I'm asking for supervised visitation as well. (I have no problem at all with the father having visitation, although I would prefer that it be supervised at first, and that there be an unbiased third party mediator between the father and I. I'd even be fine with joint shared custody if the father and I lived in the same state.)
The summons states that the father may send a written statement to me and the judge regarding what he wants for custody and visitation. What can I expect at the court hearing? What should I be prepared for? What kind of questions might the judge ask? I'm very nervous, but I believe that I have a good chance at being granted what I'm asking for.

Thanks!


Interstate Issues: What Can I Expect at Child Custody Hearing if One Parent Lives Out of State

Sold Car to Dealer, Dealer Selling Before Final Payment to Me

My question involves a consumer law issue in the State of: North Carolina. I sold my used vehicle to a Chevrolet dealer. I was told, and have on contract, that the check for what they owed me over my lien would be available after they received the title. This was all done on April 6th. Today April 29th I drove by the dealership, saw my vehicle for sale in their used lot. I have not received or missed any calls from the dealer, I went inside and asked if I missed a call and if my check was ready. I was told by the floor manager that they own the vehicle and can do whatever they want with it and he wouldn't answer me when asked if they have the title and that he would take my number to have someone call me on Monday. I asked how they can show a used car for sale on their lot without the title. He refused to answer and asked me to leave.


Sold Car to Dealer, Dealer Selling Before Final Payment to Me

vendredi 28 avril 2017

Legal Permanent Residency: How Long Do You Need to Live in the United States

My friend came to the U.S.A legally but stayed way past his time ( he's Canadian).
Can he still become a legal resident and than apply for a green card? Or get married to his partner? Not sure of the options available. Can someone please help?


Legal Permanent Residency: How Long Do You Need to Live in the United States

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Can I Get Married at 16 If

My question involves marriage law for the State of: Texas.
I am 16 years old and I am currently pregnant with my boyfriend (17) baby. I want to get married before the baby comes but my parents wont let me because they still want me under their roof even though they wont help take care of the baby at all and my boyfriend can and will. He has 2 jobs and will be turning 18 and getting his own apartment soon. I'd like for me and my baby to share his last name and I'd like to be able to live with him so he could help take care of the baby with me and it is what he wants too. Does being pregnant give me a better chance of overruling my parents in court so that I can be married? Or what about emancipation?


Can I Get Married at 16 If

Adoption of Children: How Can I Make It Legal to Keep My Daughter if My Partner Passes

My question involves adoption law for the State of: Alaska

My partner and I adopted our daughter 3 years ago. We are not married. My partners name is the only one on the adoption papers and birth certificate as it was not legal for same sex couples to have both names on the papers. My problem is heaven for bid something happens to my partner I have no legal rights to my daughter and can't imagine loosing her too. What can be done so that this doesn't happen?


Adoption of Children: How Can I Make It Legal to Keep My Daughter if My Partner Passes

Probation and Parole: My Rights As a Homeowner As They Pertain to Assisting a Person on Probation

My question involves criminal law for the state of: Washington

My family has been helping a homeless man for some time now, we'll call him M. M was recently arrested in a homeless sweep and jailed for 20 days. He was released on probation, and given an officer who seems to have a personal vendetta against him. She is treating him as a violent offender in spite of him not having any history of violence. Any officer M meets agrees that he is one of the kindest people they've ever met.

He has missed two check-ins, and was jailed for ten days for the first. The second he missed due to failing health that ultimately ended with him being admitted to the hospital for four days. While he was in the hospital, M signed over a Medical Power of Attorney to my father. The hospital released him against the wishes of both his family and mine. His family's home is dangerous to his health, so my family took him into our home to help him heal, especially given that my mother is a Registered Nurse.

Two days ago, after M was released from the hospital, the probation officer showed up at M's family's home with several officers to arrest him, a clear act of intimidation that was entirely unwarranted.

My question is this: If this officer came to my family's home, with or without officers, are we within our rights to refuse them entry on the grounds that M is under our protection with the Medical Power of Attorney?


Probation and Parole: My Rights As a Homeowner As They Pertain to Assisting a Person on Probation

Probate Court Procedure: Demand for Accounting

My question involves estate proceedings in the state of: New Jersey

Does anyone know, if it is required, that a Demand for Accounting be sent certified mail in New Jersey? I tried looking it up in the statutes but couldn't find anything. I know the executor will not go to the post office and pick it up. If it matters, It is a will, not a trust.

Thanks


Probate Court Procedure: Demand for Accounting

Stolen Property: My New Coat Was Stolen from the Ladies Changeroom at My Health Club. It Was Recorded

My question involves criminal law for the state of:


Stolen Property: My New Coat Was Stolen from the Ladies Changeroom at My Health Club. It Was Recorded

Neighbour Wants to Run Sewer Line Thru My Property

My next door neighbor has a septic system that is on its last leg and he approached to ask for my permission to go through my property to connect to the public sewer which happens to be on the other side of my property in the backyard of my neighbor on the other side.

That means they will dig up my yard to run their line which would be 200 feet. If I say yes, how does that affect me, if an issue arise later with thier line. By giving them permission to run their lines thru the property, does that give them the right to come in and repair or do anything they need with their line? Should I have some king o f form signed by them? What if they sell in a couple of years? does that transfer the right to someone else?

Any thought on this would be greatly appreciated.

Thanks,

Bilal


Neighbour Wants to Run Sewer Line Thru My Property

Disputing Debts: Im I Responsible for Docs Office Late Claim Submission to Insurance Company

My question involves collection proceedings in the State of: california
I received medical services in 12/2012, I received a bill from Doctors's office approximately 6 months after. I spoke to office manager and she said insurance company denied payment because it was not received within their 90 day submission time frame. Office manager said claim had been submitted within the time frame and that the doctors office seems to have this issue with this insurance company in which claims are not received. She told me they would not be pursing me for charges and if I can contact insurance company.
I called insurance company and they stated I'm not responsible.
I'm no longer a patient as of early 2017, and I receive a bill for the unpaid charges.
I continued to see this same doctor and was never asked to pay unpaid charges only until I left office. Office manager refuses to speak to me and the doctor advised me she doesn't handle billing.
I would like to know if doctors office have a statue of limitations on billing, if I'm responsible for charges, which would of been covered by my insurance company if only doctors office would of submitted claim in timely manner and/or if they would of submitted proof of doing so.

Thank you for your time


Disputing Debts: Im I Responsible for Docs Office Late Claim Submission to Insurance Company

Wills: How to Get a Copy of My Nearly-Stranger Parent's Will

One of my parents was married multiple times and was legally married but not living with their spouse at the time of death. By my parent's choice, I never had a close relationship with them. I never had anything from said parent throughout my lifetime and never expected anything after they died, but I would still be interested in seeing a copy of the will. How should I go about getting a copy of that will? I know the cityof residence and the city of death, as well as other pertinent information.


Wills: How to Get a Copy of My Nearly-Stranger Parent's Will

Establishment: Can I Get a Restraining Order Against My 17 Year Old Sons Girlfriend Whom is Also 17

My question involves restraining orders in the State of: Maine

My son has been dating this girl he met at school. He has consistently made bad judgements when with her. She has "anxiety" (so she says), and does not go to school anymore or work. So she stays at home all day and night calling and messaging him via text and facebook messenger while he is at school or at home. He comes home and cant do anything without talking to her all night. He shuts himself in his room, and gets nothing accomplished. I recently allowed my son to get his license and he purchased his own truck. I however, have added him to my insurance (which he needs to pay for his portion), lent him money to fix his truck, and am on title and registration. However over the past two weeks, I have learned many things. First offense, the day after getting his license he went to his girlfriends house, and apparently her mom told his girlfriend(who only had a drivers permit) to take my son to the function at the school that evening. And he went as a newly licensed passenger. The next incident, he just got a job, and three days into it, he called out and spent time with his girlfriend, told me his knees hurt. He went back to work the next two days, then went with his girlfriend out to dinner. Curfew is 10 here, and he is required to call or text when he is leaving somewhere or when he arrives somewhere to let me know he is safe. He did neither. I grounded him and informed him that he is lucky to even have his license at this point. However.....I have an app installed on my sons phone that allows me to see his location, as well as view his messages. I don't like to read his messages, however I have been concerned about the healthiness of his relationship. They fight a lot and he yells a lot. So I was monitoring. This is how I find out many things. Anyways, long story short, his girlfriend told him not to allow my sons stepfather to get involved in parenting issues, also called me many rude and disrespectful names. She told my son to go to her house cause her mom said it was ok for him to be there. Also her and her mom told my son there was not a thing I could do about it, as he is 17. She also informed him that there is nothing I can do about taking his truck cause its his.

His grades are getting bad. He cannot function without talking to her 24/7, she messages him nasty messages all the time. Extremely controlling, dominating, and obsessively jealous. The day I brought my son to register his truck, she didn't want him to sit up front with me. Didn't want him to talk to me at all. Said she couldn't handle him having anything to do with me. She told him to lose all of his friends because she doesn't like them and said they disrespected her.

My sons told me that all his friends use drugs and they have nothing in common, however, I was told by his friends that my son messaged them and told them they could no longer be friends because they didn't like his girlfriend. My sons girlfriend recently moved to a new town and they no longer go to school together. However, she messages him to find out who he is talking to, who he standing next to, etc.. and if she doesn't like it, she tells him to move, go suit somewhere else. And he does. His friends say that he walks around alone at school, Sits by himself now. He never used to be this way. He had numerous friends and many interests. Not anymore.

My son has distanced himself from me ever since I had a heart to heart with him about my concerns for him in his relationship. I pulled up articles and printed them off for him, and he refuses to read them. He told me his relationship is none of my business, and to but out. He has moved out before and in with his dad when I put my foot down. However he no longer has that option, as he burned his bridge at his dads.

So here are my questions, after having read my background.

1.) Can I restrict my 17 year old from having contact with her at all?
2.) If he does not listen, can I enforce it with a restraining order as she is verbally abusive with him?
3.) If he chooses to ignore me and go there anyway, can I drop insurance, call a tow truck, and get the truck back until he pays off the debt owed or until he is 18?
4.) Can I tell the girlfriend and her mom not to contact my son anymore? And if he decides to move in there, what can I do?

I am at a point where I really want to let him learn the hard way, but I care and want the best for him. He had so much going for him. So, what us your advice on how to handle such a situation?


Establishment: Can I Get a Restraining Order Against My 17 Year Old Sons Girlfriend Whom is Also 17

Resignation: Not Giving Two Weeks Notice

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

I am an at will employee, but my contract states that I need to give a two weeks notice. However, I'm in a position where a new position really wants me to start within one week. If I only give one weeks notice, does that place me in a position to be sued for a breach of contract, given that my contract does say I need to submit two weeks notice? I understand that leaving without a two weeks notice could put me in a bad situation later on down the road in terms of references, etc. I'm not worried about that because I have a letter of reference from my direct supervisor.

Any advice?


Resignation: Not Giving Two Weeks Notice

Deprivation of Civil Rights: Suing Family - Father

My question involves civil rights in the State of: NJ
Can I sue my family (mostly father) for abuse. I am 44 years old and physically sick and have severe ptsd. My father owes mes a significantly large trust and college that my mother had set up in divorce settlement. He has also stolen everything I have ever worked for in my life. I cant support myself - he has slandered and ruined any relationship causing me legals problems throughout my life. I blamed myself my entire life and somehow only coming out of the brainwashing now. I'm angry. I've been through dyfs system etc and how he was even allowed near me is appalling. to make this short, to my understanding the abuse is that he a a narcissist scapegoating silent treatment physical abuse etc. From what Ive been trying to research on this is most people who go through this don't get away until their 40s 50s & 60s and need help getting away. Although I cant seem to find how to go about doing this. Any help would be greatly appreciated


Deprivation of Civil Rights: Suing Family - Father

Retail Fraud / Shoplifting: Class B Misdemeanor, First Time Offense Texas

My question involves criminal law for the state of: A class B misdemeanor
This was my first and last time and I was caught stealing 52 dollars worth of material. I don't know what to do and I am worried that I may receive jail time. I was kept in the store for 2 hours, waiting for HPD and they never arrived. So I did not receive a ticket, but was told to call the next day. I called and they didn't have my case in the system. So I was told that I will more than likely have to wait 7-10 business days. I cannot afford an attorney and will ask for one in court, Is here any possibility that my case could be dismissed? Should I plead not guilty? I have no idea whats going to happen and how long this process will take. I have learned my lesson and not even the thought of shoplifting will pass my mind. Any help would be greatly appreciated.


Retail Fraud / Shoplifting: Class B Misdemeanor, First Time Offense Texas

Mortgages: Mother Passed Away with Mortgage, Deed is in My Name and Hers. Can They Force a Sale

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


When my mother became ill 5 years ago, we decided to live together so that I could help take care of her. During this time, we purchased a home (her name on the mortgage only because she had a little bit better credit and it would be 2% less interest.)She put me on the deed to the house, which I have verified. I was making all the payments, down payments etc and have done so the past 5 years.

She recently passed away and I am not sure what to do. I want to continue living in the home, but I do not know how to approach the bank regarding this. If I call them will they force the sale of the home because I am not the mortgage holder?


Mortgages: Mother Passed Away with Mortgage, Deed is in My Name and Hers. Can They Force a Sale

Service Providers: Online Game:no Replies After Failure to Provide Product After Sale

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

An online video game company bought a game that has been around for 12 or so years. Many many people,including myself, have tried to buy products (unlocks and expansions up to 40$+ in sales) through the new company website and have failed to get the product. In fact the product keys come back as having been used already. We've paid out money and the unlocks and other items are never supplied. Afterwards I looked in the forums and saw as far as a year back that this has been going on and the company never replies to support tickets AT ALL only an auto confirmation of the creation of the ticket.

What can be done?

And thank you. For your time.


Service Providers: Online Game:no Replies After Failure to Provide Product After Sale

Traffic Lights, Signs and Controls: Speeding Ticket in School Zone.sign Not Flashing

My question involves a traffic ticket from the state of: New York

Good morning,

Yesterday I received a ticket for Speeding in a School zone. I was pulled over at approximately 7:10am and ticketed at 7:17am. The ticket cited me as going 33mph in a 20. As I passed the officer though who was sitting in a church parking lot next to the School, I glanced at my speed and I was going steady 25mph.

After passing the school zone a couple hundred feet ahead I see an officer has someone pulled over. I turn right as the traffic light turns green and see another person pulled over ahead a short distance. Immediately I'm pulled over. In the the next couple minutes another two people are pulled over. Seemed like a complete end of month money grab.

The School Speed limit sign says the speed limit is 20 when flashing. Yesterday (a school day) I hadn't noticed the sign flashing passing and returned within the hour to see the sign was not flashing. According to the town website, they are supposed to be active between 7:00am and 6:00pm. Today I passed by again at 7:15am and can definitively say that the lights were not on/flashing.

Furthermore I don't believe the officer was able to see the School Speed Zone sign to know if it was flashing or not. For perspective it was something like School Speed zone sign -> School-> House -> Church (officer in parking lot of church)

How can I prove my case? I feel like if I can prove that the School Speed zone sign isn't functioning properly I can get it dismissed. Any advice?


Traffic Lights, Signs and Controls: Speeding Ticket in School Zone.sign Not Flashing

Use and Enforcement: Can I Revoke an Easement

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

The neighbor has an easement on my property to access his home. We live in a neighborhood with four houses all on approximately 3 1/2 acres.

The original owner died and the home was purchased approximately 6 years ago. The new owner is now renting to pot growers. They are now driving heavy equipment on the easement which is causing damage to the asphalt drive. Additionally, they are driving their vehicles on my landscaping and not only damaging the landscaping, they are breaking my irrigation. The list goes on and on.. I have spoken with the home owner and he has no desire to do anything about it. He keeps telling me that I can't prove anything.

I had to have the sheriff out to assess damage yesterday and his recommendation is to put up cameras, etc.

My question is: Can I get the easement revoked if it is not being used in the intended manner for which it was granted.


Use and Enforcement: Can I Revoke an Easement

Do I Have a Case to Prove Cash Income

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

My spouse and I are getting a divorce. He had a good job for several years but was let go a few months ago (about 6 months ago). Since then he has been unable/unwilling to work, go through with unemployment, or go to school. He found a job in February with a friend of his that does consistent contract work and has worked weekly since then. This employer has paid him in cash until about March when he put him on payroll so he can be proven as an employee if something were to happen at a work site. His pay on payroll is very, very low (less than 500 a month) and he is still paid in cash at the tune of about 2000 a month cash. He is going to tell the judge that he is paid only what he receives on payroll, which is untrue and puts me in a bad spot for receiving support.

The evidence I have is below:
I have personal checks that he has received from his employer off of payroll with the business name, his wife's name and his name on them in high amounts.
I have texts where he says he was paid 500 cash, 700 cash etc
I have a text where he says that his boss is taking him off payroll because it costs him too much money to keep him on
I also have a check and a contract from where he was paid twice in the past 6 months for what is considered self-employment on taxes


What do you guys think?


Do I Have a Case to Prove Cash Income

jeudi 27 avril 2017

Removal (Deportation) and Reentry: Which Form is Right 601 or I-212

Last year my fiance at that time tried to enter the usa at LAX POE and was denied entry. Charged with fraud

and misrepresentation.
She was immediately sent back and given a 5yr ban not to return. We are married now and our i-130 was

aprroved. I filed the 601 to request the 5yr ban be removed and be able to re-enter.
I was told by USCIS to use this form as it is what they are most familiar with.
But when speaking with an attorney he advised me to submit the i-212 and the i-601.
At $1000 fee for each app is quite hefty and i'm not sure if he or USCIS is correct.
Is this the correct form to do this or does anyone know if you need both for an immigrant visa?


Removal (Deportation) and Reentry: Which Form is Right 601 or I-212

Other Injuries: How to Recover Money After a Default Judgement

My question involves an injury that occurred in the state of: New Jersey
Dear sir or madam: I had retain my attorney on contingent bases on civil case. I won this civil case over one year ago. I know defendant was and is giving hard time giving the money per judgement. But can some one advise who is responsible to recover MY PORTION OF MONEY? Is it my attorney's responsibility to recover since I hired him on contingent bases? I tried reaching out to my attorney, but he is not responding. Please advise.

Thank you in advance for your help in this matter.


Other Injuries: How to Recover Money After a Default Judgement

Modifying a Lease: Can I Create a Separate Addendum for Each Tenant

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

I own an investment property in Denver, CO that is currently occupied by 3 tenants who have all had some sort of falling out and as such want to terminate their lease early. The last thing I want is a houseful of people at each other's throats, so I have agreed to work with each tenant individually with respect to when that specific tenant will vacate and how much in prorated rent and fees they will be responsible for. Once everything is figured out, I will have to create an addendum to their current lease to spell it all out. Since none of them are on speaking terms and all of the agreements we could potentially arrive at could have drastically different terms, it feels like the right way to go about this is to create a separate addendum for each tenant. Is this advisable (or possibly problematic?) given the fact the original lease has all 3 of their names on it and refers to them collectively as "THE TENANT"?


Modifying a Lease: Can I Create a Separate Addendum for Each Tenant

Defenses: Ex Fired for Theft of Pills and Embezzlement

My question involves court procedures for the state of: California
So I caught my ex stealing pills/clothing/electronics/Jewelry all from her bed ridden patient she was a caregiver for...She was also embezzling money from her other job...When she was confronted about it she was admitted to and was fired..She then took my kids and refused to let me see them...When she found out I was filing a tro the next day she immediately ran down and made up lies and false claims to have a tro placed on me and have me removed from house...My tro was filed next day with supporting evidence and documentation not only supporting my claim but in response to hers...The judge has now called an emergency hearing tomorrow for case..What do I do more to prepare and what do I expect?


Defenses: Ex Fired for Theft of Pills and Embezzlement

Criminal Investigations: Are Police Required to Forward Information to Prosecutors

My question involves police conduct in the State of: MI

Are police required to submit the results of their investigations to prosecutors for review once the investigations are complete, or do they have the discretion not to if they don't think charges are warranted for any variety of reasons (aside from cases where a complaint is completely scrapped because it is unfounded).

Also, why do police arrest first in some investigations and then wait to see if prosecutors will authorize charges, while in other cases they will wait until the prosecutor authorizes charges before arresting? Does this have to do with perceived immediate threat to public safety?


Criminal Investigations: Are Police Required to Forward Information to Prosecutors

Business Disputes: Phallyx http://ift.tt/2qbfUtH

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Business Disputes: Phallyx http://ift.tt/2qbfUtH

Establishing an Order: What to File

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

My Ex-wife and I have a custody hearing in the next month to decide who will gain primary custody of our son.

I have had him over the past year and the years before that I had him 80% of the time even though she was the primary parent according to the court.

Over the past few months when my son talks to his mom on the phone, all she does is try to force him to talk to the judge at the final hearing, tries to tell him what he needs to say and how to act, etc. In addition to this, when he visits her for her timesharing weekends, all she does is bribe him with toys, gifts, etc.

What can I do to stop this!? What can I file against her to show the Judge how crazy she is and how she is mentally messing with our son?


Establishing an Order: What to File

Va. Dealership Hasent Sent Title and is Now Closed

My question involves a consumer law issue in the State of: Va.
I bought a car from a dealership in Va. I live in N.C., I haven't received my title and the dealership right before they officially closed sent me another temp reg. and tag, I filed a complaint with Va. DMV and they confirmed that the dealership closed and they sent me some paperwork to get the title at a Va. DMV, my concern is if the dealership did not pay their "floor Manager" or lender for their stock will I be out my $20k and have to give the car back? Is their lender who I presume are in possession of title technically the owner of the car and do they have a right to get the car from me? How are consumers protected by such acts?
Thanks for the advice.


Va. Dealership Hasent Sent Title and is Now Closed

Application & Eligibility: Disclose an Employment Settlement Agreement to Regulators Like Sec/Finra

My question involves a professional license in the state of:NY/NJ
Does SEC/FINRA/other regulators forms need to have a settlement agreement with previous employer disclosed ?


Application & Eligibility: Disclose an Employment Settlement Agreement to Regulators Like Sec/Finra

Title Ownership: Vehicle is in Bith Names

My question involves vehicle registration or title in the state of:pa and it is me and my ex girlfriends name as we have had a very bad breakup and she has stolen vehicle from me and both sets of keys and i had canceled insurance on it april first but she has no.license and now no insurance and continues to drink and drive as she has two former dui s on her driving record and cracked up three cars last year alone in 12 weeks -- can i call and cancel registration on car without her knowing -- im lost here as if she goes out and kills someone im screwed and i have a CDL LICENSE and dont want her to ruin my license ?? What to do as im in huge trouble here

Daniel Durkin
2672812169

Thanks.
Ps she has left me homeless and with none of my stuff so im screwed again and she wont even speak to me


Title Ownership: Vehicle is in Bith Names

"Like" Button

Is there any way to get a "like" button added to forum posts? Just curious.


"Like" Button

False Accusations in the Workplace

My question involves defamation in the state of: New Jersey

I have been working at a healthcare facility for over a year now in a supervisory position. The previous supervisor didn't have much control over the department and the employees. I have extensive experience in this role from a previous employer. I have experienced friction from 1 employee who, previous to my employment, wasn't a highly regarded employee. This employee has recently approached HR with fabricated stories involving harassment against me. HR was able to definitively refute 1 of the stories, however they couldn't find any witness to confirm or deny the others. Since the other stories could not be confirmed, HR informed me that no action could be taken against her since it was he said/she said. Since the complaint this employee admitted to a another employee that she tried to get me fired. The other employee approached HR with this information. Since there was no other witness to this, HR again took no action. HR was also made aware of a text message this employee sent to another employee, where she wished that I died in a car accident. HR again did nothing. Thanks for listening, and any advice would be appreciated.

Thanks,
Michael


False Accusations in the Workplace

Would This Hold Up in Small Claims Court

My question involves court procedures for the state of: Tennessee


My friend borrowed around $1,531.39 from me over the course of 5 months.He borrowed the money for various things(food,hotel,phone card)Every time he'd ask me it was through text and I have the text messages saved.
Every time he'd ask and I'd say yes,he'd clearly state right after in the next text msg that he was going to pay me back.He still has the same phone number.

Side note:He's a 100% disabled veteran.He gets $70,000 a year in benefits.
He has terminal cancer and might pass away in a few months.That's why I helped him in the first place.


Would This Hold Up in Small Claims Court

Absentee Parent is Dying. Will Our Disabled Child Qualify for Survivors Benefits

My son is 15 years old. He is Autistic & Bipolar and receives SSI in our state of Residence which is KS. His father has never been involved outside of paying child support. He recently went on hospice and has been give days to live, and I have some questions about Survivors benefits. I do know this all hinges on his having accumulated enough credits.

Here are my questions.
1. We were never married, but paternity has been established through 1. Signed birth certificate 2. DNA test when he questioned paternity. Is this Sufficient to prove he is his natural child?

2. Do we need to prove that there are no other Minor children?

3. Since my son is on SSI , how would survivor benefits affect the SSI? Does it replace it? If its a low amount does it get tacked on to the SSI?

4. Since my son has been disabled according to SSI since the age of 5 years old ( Developed Autism) , would he receive benefits until he is 22 or for life or marriage?

5. I no longer have his fathers Social , or even his Birthday. How can I obtain it or do I need it to file for Survivors benefits. I do have the court order for child support and to establish paternity.

I greatly appreciate the help. I've been a struggling single Mom for a long time. I just want to make sure my son has what he needs. Even with insurance the bills never end , and he stopped paying child support a couple months ago when became too ill to work.


Absentee Parent is Dying. Will Our Disabled Child Qualify for Survivors Benefits

mercredi 26 avril 2017

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Probate Court Procedure: Obtaining a Copy of a Deposition

My question involves estate proceedings in the state of Texas:

My case is already in probate court and we are to have a jury trial in mid year. There are 2 depositions that were taken from the parties on the other side of which I only have a hard copy of one. I have repeatedly asked my lawyer for a copy of the second one but he has been busy with other things ( 8 weeks and counting) and has been unable to do so.

Is there any other way for me to attain a copy of the deposition (of which my lawyer has said I am entitled to have). If I were to call the respective court reporting office which took the deposition, would they be able to give me a copy just by me requesting it?

If not, what other options do I have?

Thank you for your time.


Probate Court Procedure: Obtaining a Copy of a Deposition

Why No Ticket

My question involves a traffic ticket from the state of: ohio. my question is not about a ticket it is about a lack of a ticket. i was parked waiting for my kids to get out of school in the school pick up lane when another parent backed out of a parking spot and hit my car causing damage i called the police and made a report the officer informed me that she did not have insurance and because it happened on school property she was not going to get a ticket can someone please explain to me why the victim (me) is being punished now and she got off scott free


Why No Ticket

Left After Shoplifting

My question involves criminal law for the state of:
Montana

Please don't ridicule me I'm really needing help here. I have shoplifted from Wal Mart many times in the past year. I realize I'm a piece of shit for doing so and I had a problem. I sought counseling for it even. I promised my husband I would stop and I have. My store has new fancy cameras that show you being recorded in the make up aisles which I'm sure probably use very good technology now btw they remodeled. Last night I went in to buy make up and groceries. No intention of taking a thing, I have plenty money. But my dumbass even thinking shoved the small make up items in my bag before I went to get a cart so I didn't have to carry them. Got my cart bought about 300.00 of groceries. Then I'm walking out a loss prevention grabs my cart handle and stops me and asks about the unpaid for items, I am not making this up I had no clue what she was referring to at first then I was like oh shit the make up. It was literally maybe 25 dollars worth I had just spent 300.00 so obviously have the money. Of course they don't believe me this guy tried to stand in my way as I keep walking, I said fine if u aren't going to let me pay for them here ya go, pull them out of my bag hand them to her. She says it's too late , I was so nervous I left the 300.00 of merchandise I paid for got in my car and left. She was on the phone when o left maybe with the cops ? I get home and have one small 5.00 item I didn't give back by accident. So now it's been 24 hour since not a word from cops store or anything. Probably got my plate. Have my cc purchase which I ended up calling and disputing since I never got my groceries. I can't sleep I'm throwing up so nervous what can I expect now ? Will they really prosecute something so small like that ?? Please help...I know I've been very wrong in the past and I'm done with this shit forever. I have a good job with the state, never been in trouble. And of course the one time I do mess up where it really wasn't intentional this happens. :( Do you think I'm okay? I'm never stepping foot there again it's the only one in my town.


Left After Shoplifting

Parking Tickets: Can an Illegal Parking Ticket Be Issued for Stopping

My question involves a traffic ticket from the state of: New Jersey

There is a street somewhat near our local train where cars often stop to drop off or pick up their commuting spouses. There are no driveways on this section of this street, only side fences on one side and side of a commercial property on the other. I've drawn up a rectangle marking the section of street below:



My wife commutes and, when she's running late, I drop her off / pick her up here. Driving into the station pick-up/drop-off lot during commuting hours from this side of town takes 30-60 minutes (yes, really!), so it's no wonder that many people tend to use this section of street.

This section of street used to be marked as 'no parking 1-1.30PM', no doubt in order to prevent commuters from leaving their cars there for the entire work-day. But that did not prevent us from stopping to pick-up/discharge passengers. This was going on for a few years, without incident.

However, about 5 months ago, the township suddenly changed the signs to say 'no parking 6AM-9PM', and they began ticketing drivers who stopped to pick-up passengers. Initially, they ticketed only the drivers who were stopped waiting for passengers to arrive (to be picked up), which made sense to me, because that could be considered parking. They also handed out the tickets in person to the driver. Eventually, after perhaps thousands of such tickets, cars stopped waiting there, and would only arrive after their passengers were already there. So no one was really parking there any more. There were therefore no more than 2-3 cars on the street at any given time, for the few seconds that it takes a passenger to get in/out.

Unfortunately, I'm not sure whether the township did not want to part with this new revenue stream, but they switched tactics. They now have 2 unmarked cars quietly noting down the plates of the cars stopping to actively pick-up/discharge passengers, though that barely takes a few seconds. The street signs still say 'no parking 6AM-9PM'. Inevitably, the parking tickets arrive in the mail 1-2 weeks later. The citation says 'Illegal parking', even though you weren't parked.

Hence my questions:
1. Is it lawful to issue 'illegal parking' tickets to cars that stop for the express purpose of picking up or discharging a passenger? If not, how would one go about fighting such a ticket? Would a dash cam feed help?
2. My cursory study of NJ statutes says that if the operator of the car is present, a parking ticket should be given in person. Is it lawful to mail parking tickets despite the operator being present?
3. My wife works a very busy city job, while I'm self-employed. As such, I'm the only one who has the time to fight these tickets. However, when she decides to seek my help for a drop-off at the last minute, we inevitably use her car since it's the one at the end of the driveway. The citations are therefore in her name though I'm the operator. Does she need to be present in the municipal court if I decide to fight the tickets? It's probably going to be a no-go if she needs to be present.
4. If we do win while contesting the ticket, is it possible to file a class action on behalf of everyone who has been issued such tickets in the past (assuming we can demonstrate that this is a practice)? I ask this because I suspect that even with a few contested tickets, the town likely has no motivation to stop issuing these tickets. I've paid several of them at this point, though I suppose it still beats spending an hour locked up in the official pick up lot.

Sorry for the long post, and thank you for reading this far.


Parking Tickets: Can an Illegal Parking Ticket Be Issued for Stopping

Traffic School: Traffic School Twice Within 18 Months

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

I had a speeding citation approximately 17 months ago, and I took a traffic school to keep the point off my record. Unfortunately, I received another speeding citation just several days ago. I know CA has a law that prohibits you from masking points/citations through traffic school within 18 months of each other. I'e done some research, but there are several things I'm still confused about.

1) Does the 18 month rule apply to violation dates, or traffic school attendance/completion dates?

Also, after doing some research, I came across some information that I'm unsure is accurate. Someone said that at the judge's discretion, I can be assigned traffic school again before the 18 month period is over. This would remove the point that I would receive for my most recent ticket, but the citation/conviction would still appear on my record. Does anyone know if this is true? Or would the point stay on my record regardless?

If anyone can shed some light on this, it would be really appreciated. Thanks in advance!


Traffic School: Traffic School Twice Within 18 Months

Guilt by Association?

I am new here. I tried to locate the best possible sub-forum to post this in but I couldn't find anything that hits this nail on. So here is the deal. I live in the state of Georgia and I am currently living at home with my mother. My name is on the lease of the house we are renting and I making payments toward the total of the rent for the house we live in. So here is what happened. We hit a financial crunch. My brother in law and sister lost their job and we spent practically a year supporting them. During this year my dad would not even look for a job and for the few times he did, he only worked for about 2 weeks a quit causing my mother (who's income is sales based and very flaky.) and myself to support most of the financial weight..which..isn't working.

So my dad gets a job and he starts working and my mother depends on his income to come in, meanwhile all the bills were stacking on us so my mother (who is a property manager) took the money from one of her clients, or in essence, a tenant gave her a deposit / rent to move into a house and she allowed them to move in but she used the money to pay our rent instead of the landlord of the property. She was expecting to get the money right back from my dad but my dad ended up quitting shortly after... Short story is, massive amounts of debt accumulated over this and they're prepared to report her to the state. I'm not for nor against it, I understand they have to do what they have to do.. if they do it, my mother will probably face jail time.. however.. my mother is also saying that myself (who has been contributing 100% fair share toward the rent throughout this entire period from my job earnings) and my dad will ALSO face jail time because we were all living in the same house.. Is this realistic and should I be concerned about this? I have absolutely no chance in obtaining the money she needs to pay off her debtors, its far too high.. but I feel I had absolutely nothing to do with this... Can they also cease my personal (non-cosigned) property to pay the debt off just because I live in the same house?


Guilt by Association?

Roommates: Can I Sue My Roommate for Debt Relief from an Apartment They Damaged

My question involves landlord-tenant law in the State of: Florida
My roommate had someone living in the apartment who wasn't on the lease. I've moved out early on the lease and they agreed to pay for the lease and all utilities. Upon them moving out they destroyed about $8,000 worth of damage, which is now in collection. I have screenshots and recorded phone calls of them agreeing to pay off the debt, but the collection is on my credit report. Is their anyway I can hold them accountable for the damages they caused. If so, how should I file a court case against them.


Roommates: Can I Sue My Roommate for Debt Relief from an Apartment They Damaged

Civil Procedure Issues: Can You Choose Not to Appear in Court if You Haven't Filed a Return of Service

My question involves court procedures for the state of: Massachusetts
Not sure if i'm in the right section of the forum, but here's my dilemma: there's a court hearing date pending (i'm the plaintiff, have a contempt case against my ex), but i recently found out he has been deported. So he won't show up in Court and won't be able to fix our issues. I haven't filed the return of Service yet. Do i still have to go to Court to explain all of this? Would there be any penalty for not showing up in Court for me?
Thank you!


Civil Procedure Issues: Can You Choose Not to Appear in Court if You Haven't Filed a Return of Service

Am I Liable for Unpaid Hotel Bill if So,in What Way

My question involves court procedures for the state of: TN

I paid for one night at Motel 6 for a friend with my debit card.I only authorized this one night.I booked it through Hotels.com
This same friend then went on to stay at the hotel for 7 more nights.He gave them his credit card to pay for it,but it was declined.
Motel 6 defaulted to using my card for the outstanding bill.I never authorized this.My bank blocked the charge and cancelled my card.
Am I legally liable for this?


Am I Liable for Unpaid Hotel Bill if So,in What Way

Servitudes and Covenants: How are Protective Covenants Enforced

My question involves real estate located in the State of: New York

Curious as to how enforcement of protective covenants work and what results can be expected.

A developer purchased a large tract of land in a rural area (previously farmland). They subdivided into several smaller lots and sold them to individuals. Each lot was conveyed with the same set of covenants, which are enforceable by the landowners or developer. There is no HOA or anything like that.

The covenants were basically designed to encourage development of residential properties. Among the covenants are 1. a prohibition on single/double-wide mobile homes and 2. a limit of 60 days per calendar year for campers kept on the property.

One property owner keeps a camper (or possible single-wide. hard to tell from the street) on the property full time. Another keeps a camper for about six to eight straight months out of the year. This has been going on for the past few years.

The developer was contacted about two years back about this. They looked into the situation and claimed to have written to the landowners in question. Same thing last year. They say the 99% of the time, their letter resolves the issue. This must be the other 1%, as owners seem to be openly ignoring the covenants. The developer does not seem interested in pursuing the situation further and has effectively pushed things back to me. They remind me that I can write my own letters and take this further if I want to.

I am hesitant about getting directly involved. I am not at my property full-time and have made several (expensive) improvements. Easy for a disgruntled neighbor to enact some costly retribution.

At the same time, the neighboring property is slowly turning into a junkyard. I'm not one for deed restrictions, but I did carefully read them before purchasing the property. Worse, as I understand it the lack of enforcement can eventually invalidate the covenant. This would open the door for worse transgressions by the current violators as well as other property owners.

What are my options? Since these people have ignored the developers letter regarding compliance, it seems unlikely the "talk to them nicely" approach would work. Must I initiate a costly legal action to enforce the covenants? I have "standing" but how can I show "damages." Not looking for money - just want the eyesores gone and for others to live by the same rules I have to live by. If I "win" an action, am I entitled to reimbursement of legal fees? And how exactly would I enforce a ruling to abide by the "60 day" rule?


Servitudes and Covenants: How are Protective Covenants Enforced

Establishing an Order: Mother Abandoned With the Child for 6 Months, Now Wants Full Custody

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

My fiance has a daughter that will be 2 in May. Her mother left back in November of 2016, she ran off with her new boyfriend and moved to Oklahoma. Well, that relationship didnt work out, so she randomly moved back to California. She has had no physical contact until this past Sunday. The mother's father has made some serious threats about taking the child away from my fiance, if we do not grant her 50-50 custody. While the mother left, my fiance continued to hold his job, bought a new place, and has placed her in daycare. He has done everything right, when he should of crumbled.

My question is, do we grant her 50-50 or should we fight for full custody? the mother is very unstable, and we have no idea whether she will just ditch the child again and leave with another boyfriend. she has no job, and hasnt had one since she was pregnant - so almost 3 years. Can we win this case if we go for full custody, and grant the mother visitation rights?


Establishing an Order: Mother Abandoned With the Child for 6 Months, Now Wants Full Custody

Violation & Enforcement: My Neighbor Has Multiple Aliases and We're at a Standoff with a Boundary Dispute

My question involves restraining orders in the State of: Kansas

My boyfriend has been 'volunteering' for our neighbor for a few months. The neighbor has repeatedly been a jerk and one day when my boyfriend asked for space he blew up to the point they are no longer friendly and we all three have restraining orders against each other. I'm afraid of my neighbor's temper but more to the point this has become a boundary dispute. We believe he's moved the old markers for the property giving himself access to a creek out back. My neighbor claims the house as his office and his company rents out his land. I've been trying and failing to find how recent an official survey needs to be for him to conduct that kind of business (these markers are almost 100 years old and eroded). The only renters I've seen in 2 years also rented the area of land disputed.
I have $0 to my name at the moment and I'm afraid of missing something technical that would let him walk. I can't afford a lawyer but I'd greatly appreciate any advice.
Most interestingly I've found he has 4 aliases. I don't know if the search I used will be admissable in court but - He got a ticket for disorderly conduct during initial disputes which states he's 59 years old and the protection order he claims several times to be 65.
What do I address first? The stalking, age difference, or boundary? Is there any foreseeable way of convincing the judge he should pay in full for the survey to be done?


Violation & Enforcement: My Neighbor Has Multiple Aliases and We're at a Standoff with a Boundary Dispute

Creation: Relocating a Fence vs. a Claim of an Equitable Easement

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

Hi everyone,

My first question involves an encroachment and trespass of a boundary fence. The fence between my and my neighbor's house currently encroaches onto my property. The encroachment is partial as a portion of the fence is where it should be. I would like to move the fence back to the property line - survey completed - but my neighbor is claiming she has an equitable easement. Her reasoning is based on the fact that her house is a duplex, and the only way her rear tenant can enter and exit is through this little walkway between the encroaching fence and the side of the house. Based on a visual inspection, it seems that the previous owner of her house sealed off a front doorway which could have been the entrance to the rear, or the whole house, to do an addition to the house. I believe it is possible for her to do improvements to the home to allow the rear tenant to enter from the front instead of the side.

The neighbor did not refuse to allow me to move the fence to where it should; she just said she is waiting on measurements to see if there is ample room to move about. With the fence moved to where it should be, there is still ample room for ingress and egress. However, if she does not agree to move the fence back the proper location, what is my liability for unilaterally moving the fence to where it should be? Again, there is enough room for her rear tenant to move in and out if the fence is moved back. She is using my strip of land with paying taxes or compensation and there is no recorded or written easement.

My second question involves the same neighbor and property. There are giant bamboo shoots - the ones about the size of a fist or larger - that is situated between the boundary fence. The bamboo was there when I purchased the house - I bought before my neighbor. Currently, the majority of bamboo shoots are on my side of the property, and I maintain it; there are no shoots on her side. My neighbor is claiming that bamboo damaged her sewer line which is between two to three feet below the surface. She is also arguing that one of the fence posts damaged her sewer line. By looking at the metal fence post where it came in contact with the sewer line, it seems that whoever built the fence just placed cinder blocks as a base for the fence and cemented in the metal fence posts. I do not know which previous owner built the fence and my neighbor is trying to shift the responsibility to me. What is my liability, if any, for her damaged sewer line as to (1) the bamboo and (2) the metal fence post?

Thank you for reading.

Correction to the last sentence of the second paragraph: She is using my strip of land without paying taxes or compensation and there is no recorded or written easement.


Creation: Relocating a Fence vs. a Claim of an Equitable Easement

Bail, Bond and Pretrial Release Bond Release

My question involves criminal law for the state of: California my son was released on bond. No charges were filed against him. Now the bail bondsman man is threatening to revoke his bail.Can he do that?


Bail, Bond and Pretrial Release Bond Release

Bail, Bond and Pretrial Release Bond Release

My question involves criminal law for the state of: California


Bail, Bond and Pretrial Release Bond Release

Esa and Normal Wear and Tear

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

Hi there!
I currently live in a duplex in Delaware. I have an emotional support animal with documentation who lives with me. We are getting ready to move out and I'm just a little unclear about the law with normal wear and tear and ESA's.
My dog is fully house trained. She has never had an accident on the floor and has done no damage at all to the house.
My landlord says I need to get the carpets cleaned if there are pets (ESA's under the law are not considered pets correct?) for any potential new tenants with allergies.

My question is, do I have to get the carpets cleaned or is it just considered normal wear and tear?


Esa and Normal Wear and Tear

Relocation: Ex Wanting to Relocate Across the Country

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

My ex and I divorced in PA in 2010. In 2011, she moved to NC and I moved to the D.C area (currently living in the state of VA).

She has custody of our now 9yo son, but I fly down there or fly him up here once a month or so for a long weekend together, as well as 1-2 weeklong vacations every year.

She is remarried and has two sons with her current husband (both under 4 yo).

Initially, the plan was for them to move back up this way after he got out of the military in 2012. However, they both ended up getting jobs in NC and have been there ever since. She stated that their plan was to look for jobs and relocate closer to this area after my son finishes elementary school next year. This was all just verbal talk and nothing in writing.

However, now she states she is applying for jobs in the Reno, NV area. Her parents and sisters live out there, but my parents/family and her current husbands parents/family both live in the PA/DE area.

My ex and I have a great relationship, other than the fact that they are still living in NC. We don't have any child support orders (I pay her every month though) and our divorce was basically done online. I have to find my copy of the divorce papers, but I don't recall if there is anything in them in regards to moving/distance/etc.

So here's my question....What are my options if she intends to move across the country with my son? Since she already moved to NC and I didn't fight it in court have I basically given up my right to fight this move? What state do I need to contest this move in? PA? NC? VA?


Relocation: Ex Wanting to Relocate Across the Country

Eviction Notices: How Long Do I Have to Serve an Unlawfull Detainer(California)

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

I am a 71 year old senior who lives in a senior mobile home park. I filed an UD just over a month ago, but have not served
it to a roomer. Our agreement is under Cal. Lodger Law, month to month. I had given him over 6 30 day notices to vacate, and he ignored them, and paid reduced rent.
He shorted me $ 470 the last few months, and I have another roomie who shorted me last month.

He has threatened to sue me for damages to his furniture, for water leaks that came in from heavy rains, due ton a leaky roof, that I have not been able to afford to repair yet.Also, he says he will call in the building inspector to redline my mobile home, but hasn't. Its all a bluff, and an excuse not to pay full rent.

The other roomie says she is witholding 1/2 the rent and putting it into escrow. Ha!

Please advise!


Eviction Notices: How Long Do I Have to Serve an Unlawfull Detainer(California)

Custody and Visitation Issues: Visitation Violation by Custodial Parent

My question involves a child custody case from the State of: Virginia
The father was given sole custody and since that occurred he has regularly violated my visitation. Over a period of 2 years. I tried everything to avoid going back to court. I sent him several emails asking to stop and set up an outlined visitation schedule to prevent confusion. He refused. I contacted his command (active duty) and received no response. I even reached out to his attorney twice for visitation violation and failure to allow communication with the the children. The father sent me an email asking me to stop contacting his attorney because it does me no good (which he was correct). I obtained my own attorney and through that attorney sent him a cease and desist letter asking him to stop violating my visitation and outlining a set visitation schedule with dates. His response to that letter was threatening my attorney not to contact him again or he would sue the firm. Even after the C&D letter he violated my visitation again. What recourse do I have to combat this?

Also, because he did not respond to agree or disagree with the outlined visitation scheduled from the C&D letter from my attorney, I had made vacation plans for the children's summer break based on that schedule (to include plane tickets and hotel arrangements). I have lost money previously by doing this then he would violate my visitation. Now he is disputing the dates (3 months after he acknowledged receiving the letter from my attorney). Please advise


Custody and Visitation Issues: Visitation Violation by Custodial Parent

Grandparents and Third Parties: Can Grandparents Take Children Out of State for a Funeral for a Week

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

My son and his ex have 9 month old twins who have lived with all of us since born. The parents broke up 3 weeks ago and it hasn't been the smoothest between them. The mom doesn't have a stable place to stay, no support system and is gone for 10-12 hours a day for work. Matters in fact today was her day off and she only had them for 4.5 hours. First time she was supposed to keep them overnight since the split. My son started a job 2 days ago. My daughters and I are taking care of the twins the majority of the time. My mother in law in North Carolina passed away and we will be leaving in a few days for the funeral and be gone a week. My son is ok with the twins going with us but mom is not. There is no court case yet. Son plans on filing soon.
My question is since she has no way of caring for them while we are way can we take them with his consent?


Grandparents and Third Parties: Can Grandparents Take Children Out of State for a Funeral for a Week

http://ift.tt/2p316yT

You turn sideways. You shout some more. You continue shouting. You turn back and confront the mirror once more. Bleeper. You've been deceiving me? Why? What do you mean I was concentrating on the wrong place? I'll cover you. What do you imply that won't take care of the more concerning issue? Better believe it, my sustenance no longer tastes great. Burger, burger, burger, burger, fries, fries, fries, fries with cheddar curds and sauce and enormous beverages. All dull. I've what... diminished nourishment to a propensity, not something to enjoy?


http://ift.tt/2p316yT

mardi 25 avril 2017

Help

My question involves criminal law for the state of:Tx. What to do when law enforcement won't assist me with my minor child due to warrants for traffic tickets. My 16 yr old daughter was convinced by family members that she is old enough to make her own decisions and has been residing with them. Due to my warrants in that area for failure to report an address change, I have been unable to get her home, this has been going on since October. They have been recieving welfare benefits for her since april of last yr, while she was living with me. I am the court ordered custodial parent, yet they were able to have me removed as primary contact at her high school. Shes failing most classes and has so many absences Im afraid I'll recieve yet another warrant for my arrest. Recently filed taxes and my mother claimed her so my return was denied. My mother has been convicted of tax fraud before. My sister along with several other family members bashed me on social media, 12 pages of insults they refer to as facts, they also request that people confront me for them, whats worse is they tagged my daughter (then 15) so she could read all the horrible things they posted. Destroyed my business my reputation, my relationship with my daughter. Im outnumbered and exhausted but can't stop fighting for my daughter, am i out of options?


Help

Removal (Deportation) and Reentry: Felony Charges Dropped. Can I Apply for a Tourist Visa Again

Hello. I am a Mexican citizen who had a tourist visa and SENTRI pass. Last year while crossing the border I was sent to secondary inspection and drugs were found in the car. My childrens visas were canceled on the spot (they were not with me but their visas were in my purse) and my whole family SENTRI cards as well. After months in jail going through the legal proceedings the DA dismissed my case and I was released without charges. Still, ICE agency took me and deported me. the paper they gave me (which has false allegations on it, like that my children were with me and family members came to pick them up with my consent) lists only the "Visa/BCC Canceled" option in the Withdrewal form.

Am I eligible for re aplying for a visa or do I need soem sort of pardon? Can my children reaply through my husband? (His visa was not canceled)

Thank you!


Removal (Deportation) and Reentry: Felony Charges Dropped. Can I Apply for a Tourist Visa Again

Estate Planning Strategies: Should Minor Grandchildren Be Left Property Over Money

My question involves estate proceedings in the state of: California

This is tangential to my recent thread about my parents leaving their properties. That discussion with them has opened up a new one. In their estate plan, they are planning on leaving one of their rental properties to my daughter in a trust.

On the surface, this seemed like a generous move. But when we looked further, the value was certainly generous but the real asset seemed to leave some things in limbo.

-What if there are other grandchildren? I see all sorts of potential conflict there, and we certainly hope there are other grandchildren.
-If it's in a trust til our daughter's 30, then that basically makes us property managers, correct? What if we don't want this added responsibility? We don't have the power to sell and put it the revenue in an IRA or something like that for our daughter without court action, correct? (This may not be a concern for some, but my wife has a chronic condition and taking on additional responsibility/stress is always something we have to take into account.)
-As managers, what if there are personal conflicts between us and our daughter between the ages of 20-30? I really, really, really hope this doesn't happen, but reading through some other forum posts, this seems like it's a potential worst-case scenario of property getting between parents and children.

So are we overthinking this or are there some logistical concerns with real property left to a minor in a trust over just money? If you were the grandparent and had legal knowledge, would you:

A) Leave everything to the adult children to divide up (let's just assume that you trust them and feel they're responsible -- because I feel we are and I like to think my parents think that way too!) with the express instructions that a certain percentage has to be passed onto grandchildren.
B) Leave property to adult children, but set aside some money in a trust for the grandchildren while adjusting it as new grandchildren are born.
C) Go with the original plan and leave the grandchildren a home in trust.

I will admit that we tend to overthink things but after reading some horror stories of how a property created conflict in trust between adult children and adult grandchildren, we are trying to learn as much as possible. My dad tends to get an idea that he thinks is great, then shows up at a lawyer telling them what to do rather than making an appointment with a lawyer and asking "What's the best thing to do?" so I'm trying to ask those questions for him. ;)


Estate Planning Strategies: Should Minor Grandchildren Be Left Property Over Money