mercredi 31 mai 2017

Can an Employer Reverse a Deposit from My Bank Account if There Was No Payment Error

My question involves labor and employment law for the state of: California and / or Massachusetts. I received a Commission Statement indicating what my employer was due to pay me for the previous month's comissions earned per our Comp Plan. (I'm in Sales) Two days later I received the stated funds into my checking account via direct deposit. Everything checked out. Hours later my employeer reversed the deposit and withdrew the funds, to the penny. In speaking with my manager, he said that there was no error is the payment amount, or in the acutual commission calculationed. There was no over-payment or under-payment. What had been deposited was what I was due. However, my manager did say that the Cheif Opperating Officer of the company had seen the commissions report the day of payroll and had questioned my commissions. He apparently had issued a stop, or revers, on my commissions' deposit. Also, at no point did my employer contact me to notify the reversal of deposit was taking place or had taken place. The company is headquartered in California. I live and work in our MA office.

Is this allowed, legal? Am I entitled to do anything about this if they do not conclude I should receive the full stated amount from my commission's statement?


Can an Employer Reverse a Deposit from My Bank Account if There Was No Payment Error

Which Statute of Limitations on a Debt is Applicable if I’ve Moved

My question involves collection proceedings in the State of: Illinois. I opened a credit card there in 2012. This year, I moved to Indiana. The credit card company just sent me via snail mail a letter to my residence in Indiana which basically encourages me to open a new credit card with them to roll over the debt. They go on to quote me the Statue of Limitations which appears to be ten years in Indiana. Illinois is five years. In this case, which SOL would apply?


Which Statute of Limitations on a Debt is Applicable if I’ve Moved

Can Employer Fire You for Uploading Resume Online

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

My fiance works in a small insurance office. she is only working part time. She wants a better job but is scared because apparently her boss gets notifications from a particular job search website that she updated her resume because her resume will show up to him as a potential candidate for a job. I told her to not worry about it but she's using it as a reason she could be fired. I really don't think you can be fired for updating your resume.


Can Employer Fire You for Uploading Resume Online

Can a Furniture Retailer Back Out of a Sale

My question involves a consumer law issue in the State of: Erie County NY

I was an employee and followed the correct channels at the time for an employee purchase. I Then resigned after management ensured me that my sale was processed and would not effect my order. I paid in full on 4-5-17. They are now giving multiple reasons for backing out of the sale and are trying to refund me. I do not want the refund I want the order processed. One of the reasons they are giving is that they undercharged me and that is why they never placed the order. What are my rights? Is there anything I can do?


Can a Furniture Retailer Back Out of a Sale

Becoming a Cop

My question involves criminal records for the state of: New Hampshire:

So about a year ago, I was arrested charged with a retail theft of $100 from my work, but I was 21 years old.. I took a class the court offered me and paid a small fine and the charges were dropped. At the time, my mother was going through three major surgeries, including a brain aneurysm. She wasn't able to afford to help me with my rent for the month, as she usually did and I had absolutely no money for food, or anything else for that matter, so I was really not in a good place mentally. This is not an excuse because I know that there is always another way. Besides this one HUGE mistake in my life, I have never been arrested or charged with anything else. I'm about to go into my final year of college where I am earning my bachelors degree in criminal justice. I plan on becoming a police officer somewhere, I haven't really decided yet. I just want to get some input on this because my lifelong dream is to become a cop and if this one mistake prevents me otherwise, this will be horrible. I really knew I messed up big time. Do you think this will prevent me from becoming a police officer. I have a great job history and, like I said, I'm about to earn my bachelors in a year. Will expunging this make a difference as well?

This was something that is the exact opposite of my personality and morality. This was not me and right when I took that money, I knew I did something terrible. This has really made me learn my lesson.


Becoming a Cop

Presumption of Paternity: Father on Birth Cert Raised Son for 16 Years Taken Away

My question involves paternity law for the State of: Alaska

My brother recently left his wife of 17 years due to infidelity. They have 3 children, 16, 13, and 9. His wife challenged for full custody of all the children and immediately filed paperwork saying he was not the father of the oldest child, 16. The test concluded that my brother was not the bio father. This was a shock to him as he married her while she was pregnant, thought it was his baby, and is on the birth cert as the legal father.

A judge in Alaska, their state of residency at the time, granted partial custody to the child's biological father and allowed the wife to cut my brother out of his life completely. They all moved to Florida before custody could be decided and a FL judge, upon review of false claims made by his wife, granted my brother full custody of the two children 13 and 9. The wife was also held in contempt for brainwashing her kids. But because an Alaska judge gave away his rights to the oldest child he is lost to our family. This seems to be some oversight and I can't fathom a system that takes a child away from a man who raised him as his own for 16 years to give to a person who had no interaction his whole life.

PLEASE HELP!!


Presumption of Paternity: Father on Birth Cert Raised Son for 16 Years Taken Away

What Happens if I Don't Pay 2 Traffic Tickets in Myrtle Beach Sc if I Live in North C

My question involves a traffic ticket from the state of: south carolina


What Happens if I Don't Pay 2 Traffic Tickets in Myrtle Beach Sc if I Live in North C

Repossession: What Can You Do if a Repo Guy Blocks Your Driveway

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

I live in a courtyard home with a shared driveway with 5 other homes, this morning I was pulling out to go to work and a white truck was blocking our driveway. At first I just thought some inconsiderate person parked there, but when I tried to drive to the right the truck moved to block me from getting out right then backed up to the left. I was not sure what was going on, seemed a crime was going or about to happen, I started filming and called 911. I was tempted to drive over the grass and escape as it seems like a crime was about to happen.

He comes up to me unarmed and said the car is up for REPO, I told him that's impossible the car is paid off and he might have this car confused. I asked him to check on the license plates. He said they matched. I figured this might be some elaborate car jacking scheme, the police could hear the whole thing over the bluetooth on the car as we argued.

He goes back to his truck pulls a clipboard and comes and looks at the window number on the drivers side then apologizes and drives off. I think he may have heard the 911 person on the phone asking questions and that scared him away.

The police say maybe he just confused my car with another? How could he if he said the plates match, no one else in our 6 homes total as a brown SUV that could be confused for my Suv, one had the same make but is a sedan and totally different color. Hard to believe a REPO man does not know the difference in colors or make and model of cars..

I am sending my Iphone video to the police, but they seem to think it was some kind of legitimate REPO company, I believe it was an attempted crime and he was scared away when he hears the 911 operator blasting over my car speakers..

Even if they had a legitimate order to REPO a neighbors car, can he legally block our driveway? Can they stop people driving to work and randomly checking the cars, why not at least try to look at a model make and confirm a color match before blocking people?

I am not happy about what happened looking to file charges or a complaint against that company if legit, lucky for me its all on video. Anyone have advice on legal rights to pass through a public street without harassment if legal, seems the police want to brush it off and I feel blocking a driveway is not legal if he has a legitimate order for a car in the area or not.


Repossession: What Can You Do if a Repo Guy Blocks Your Driveway

Privacy: Can Dating a Registered Sex Offender Affect Your Career

My question involves criminal law for the state of: Kansas

I've been dating a man. He is attractive, intelligent, passionate about life and really into me. I think we're falling for each other. As is standard in dating these days, I googled him. I found that he is a registered sex offender. I am shocked but investigate further and found that he was 19 and the time of the incident and the victim is said to be 13. His crime is listed as "Attempted Indecent Liberties W/child: >14<16; Lewd Fondling Or Touching."

I'm not sure what that means, but he is 37 now so I've decided to view that as a stupid mistake he made. I do look down on him for it and worry about the victim, but these are flaws I can get past. I haven't talked with him about it yet (but I'm sure he knows I know by now) but the problem is this: I am a Social Worker with the I/DD (intellectually/developmentally disabled)population . I love it. I work with a vulnerable population who wouldn't normally have a voice and have the chance to stand up and assist them to advocate for themselves. It gives me pride.
If this relationship were to advance could his status affect my career? If we were to get married could I still work with a vulnerable population?


Privacy: Can Dating a Registered Sex Offender Affect Your Career

Traffic Lights, Signs and Controls: Red Light Camera Ticket Turning Left on Yellow/Red

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

I recently received a red light camera ticket from turning left in an intersection when the traffic light was turning red.

It was during rush hour with significant oncoming traffic and the traffic light's left turn signal was non-operational so the only way to complete a left turn was to do so when the light turned yellow/red and the oncoming traffic was stopped.

Does this situation, with the traffic light's left turn signal being non-operational, requiring a left turn on a yellow/red during a high traffic time of day, provide a legit reason to protest the ticket?

The ticket is about $160 and it doesn't count against my driving record if paid within 30 days, so I am not sure if it is worth the time/expense to protest the ticket, unless I have a valid reason to do so.

Thank you.


Traffic Lights, Signs and Controls: Red Light Camera Ticket Turning Left on Yellow/Red

Emancipation

My question involves civil rights in the State of: Ohio
I am 17 years of age. I have a job getting 20+ hours a week on minimum wage. My boyfriend's family has offered to let me move in with them, due to my parents deciding that they hate me. They turned my phone off, took my car off of insurance, and have disowned me. However, I am still living with them. I graduated May 21 of the year and was wondering if I was able to just up and move out. I know regardless of hating me, they like control over me and won't let me leave willingly. So my question is..am I considered emancipated?


Emancipation

Emancipation: Once I Am 18, How Can I Go About Separating Myself from My Parents

Hi, I need serious help. I live in Delaware and I am turning 18 on June 2nd. I officially graduate high school on June 3rd. I'm currently under the impression that once I am 18 I will officially be emancipated. Is this correct? What I want to know is basically how to live afterwards. I have great cause to get away from my parents, but if I choose to leave, I will need to pay for my University of Delaware tuition myself. How will I go about paying for that and indicating that I will be taking out loans and paying for the entire tuition myself? Will I need to reapply? Also, all my savings are under my parents' names in the bank. What will happen to that money? How will I pay for my doctor and dentist appointments, medications, psychiatrist, cell phone bill, etc.? How do I go about getting insurance? Basically, I am asking how will I be able to live on my own? What steps should I take and where should I start? I am completely unprepared to live on my own but it needs to be done for the sake of my mental and even physical health. I have my license but I haven't driven in two years and I need to relearn. I have a place to stay but no job and no car. My parents bought me a classic car that was to be mine but it is not tagged yet and needs a new radiator. What will happen to my belongings? I need someone who is willing to dedicate time to try and help me. Thank you so much for reading.


Emancipation: Once I Am 18, How Can I Go About Separating Myself from My Parents

Unlicensed Driving Pulled Over for Speeding While Driving With Only a Permit

My question involves a driver's license issued by the State of: Arizona
So I'm 17 and I had a permit only and my friend is almost 18 and did have her license. I was driving because she had a migraine and I got pulled over for going 9 over the speed limit supposedly. I got my license but I still have two weeks before my court date. I'm wondering if they will take my license or let me go with a fine or what.


Unlicensed Driving Pulled Over for Speeding While Driving With Only a Permit

Social Security Issues: Social Security Policies on Payment Through a Parent or Representative Payee

Social Security policy makes it very clear that the only two things that prevent one from receiving their own benefits is: a child under a certain age and a person deemed legally incompetent under a state court......It is also clear that even though a person may have a guardian/conservator, does not automatically make them legally incompetent. Make sure they know that most state courts no longer call a person incompetent, but incompacitated. No matter what medical evidence is given, the ssa may not even consider that.....


Social Security Issues: Social Security Policies on Payment Through a Parent or Representative Payee

Other Violations: Vc23123.5 (A) Listening to a Podcastany Chance of Winning Traffic Court Case

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

Holding a cell phone to my ear listening to the Podcast..because my car /audio connection was bad..officer still said I violated the code..he wrote on the ticket it was a rainy day, too..BUT IT WAS NOT RAINY, it was foggy and cloudy, with a little tiny bit of sprinkling here and there, the ground was still dry. Do I have a chance in traffic court?


Other Violations: Vc23123.5 (A) Listening to a Podcastany Chance of Winning Traffic Court Case

Help

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

Finance company repossessed car from previous client after wreck major front end damage possible frame damage and both air bags deployed. This company carries insurance to cover so much of loan amount (which we pay for) so now we wrecked the car over 4౦0 in damage they recovered car from tow company. Are we still liable for remainder of loan or not


Help

Other Offenses: Money in Probate Court with a Bench Warrant Out

So I was arrested 7 years ago and have a felony charge. To make a long story short, I was the victim of corruption and unscrupulous law enforcement officials, so I did not attent my court date. I left the state. A bench warrant went out for me, and nothing else has come of this case since. In fact, my case was put on the dead docket 4 years ago.

My mom passed, and I have inheritance in probate court (in a different state than the one in which I was arrested). I've tried to collect the funds without appearing in court but was told that I have to appear because "there is a warrant out for my arrest and the magistrate feels I am trying to stay out of jurisdiction to avoid other obligations". My questions are:

1. Would the probate court ever tell my whereabouts (I gave them my address) to the arresting agency in another state where my bench warrant is?

2. Would that other state try to extradite me and bring the case off of the dead docket, being that nothing has been done with it in all this time?

3. I have some other money in bank account and investment account. As far as I know, there would never be any legal right for law enforcement to freeze these assets or take my money, since even though I have an active warrant, I don't owe money to anyone. Is that right?

Thanks in advance.


Other Offenses: Money in Probate Court with a Bench Warrant Out

Business Ownership: I Was Involuntary Removed from a LLC

My question involves business law in the state of: Florida

I know this is going to result in sitting down with a lawyer, but I'm doing some research on the matter first and would like to get a general idea where I could stand legally.

A friend and I setup a LLC a year ago for a business idea that never really took off. I was listed on the initial filed documents under "The name of the person authorized to manage the company (yet the title in the corporate document says "AR" for some reason)" and my friend was just "registered agent". I recently found out that my friend filed an amendment to have me removed and him replaced as the manager (this was done without telling me a few months ago). I suspect he realized his error with the titles and tried to correct it. But now said friend has vanished and I'm locked out it seems from the business. I want to continue with the business and reclaim my title. There is no operating agreement in place so as I understand it the default laws apply. What grounds do I have to reclaim my position in the LLC?

Thanks!


Business Ownership: I Was Involuntary Removed from a LLC

Security Deposits: How Much Money Can You Recover from a Landlord for a Security Deposit Violation

My question involves landlord-tenant law in the State of: I live in PA, we resided at our home for 38 months on a monthly lease. My landlord got mad when we gave our 30 day written and verbal notice to move because we bought a home. She sent us a list of damages and the invoice that she is keeping our $550 deposit and that we owe her an additional $860. Every claim on this list is false, except for 2 small holes in a screen (which she says costs $75 to replace). I have many pictures that were taken the day we returned the keys to her to prove her false accusations. We sent our demand letter with no response, so now we are going to file for court. Pa law states that our deposit should of been put in some kind of bank account and we should have been given the info but this never happened, we are supposed to get the interest because we resided there over 25 months. How much can we sue her for in court, just the $550, or can we sue for interest on it and punitive damages? How much punitive damage can you sue a landlord for? Thank you for your time.


Security Deposits: How Much Money Can You Recover from a Landlord for a Security Deposit Violation

Jcpenney Petty Theft in California

My question involves criminal law for the state of: California

My roommate and I are both 19 years old and got charged with a misdemeanor for petty theft. When we were in the back room we signed some papers and were not arrested. They told us that we would get billed for both jcpenney and the state. We got the bill for JCP and paid it RIGHT AWAY. He called the office for the bill from the state and they said odds are it for dropped. NOTHING was ever said to us about needing to set a court date. Months pass and we get a warrant for our rest. This confused both of us. We immediately went to the sheriffs office to get it cleared and set a court date because that's what it said to do. This is a first offense for both of us and our record is clear besides this.

when we go to the court date:
1) are we gonna go to jail?
2) should we plead guilty?
3) is an attorney necessary for a first time offense?


Jcpenney Petty Theft in California

Curfew Laws in San Bernardino County

what currently are the curfew laws in San Bernardino CA for 17 year olds. I graduated high school so do I have a curfew by law still?


Curfew Laws in San Bernardino County

Modification of Custody: Legal Meaning of Modification

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

If both parties agreed to a modification of a parenting plan, and stipulated that at the end of a certain period of time they would "re-evaluate" it, then had it entered as a final order and signed by a judge, what are the legal ramifications of that? If the parties re-evaluated and do not agree at the end of that stipulated time period...does the current plan stand, or does it revert to the original? To be clear, one party argues that the modification was meant to be temporary for that specific amount of time, the other party argues that "re-evaluate" means exactly that...not revert. Each parties lawyer has a different opinion.


Modification of Custody: Legal Meaning of Modification

mardi 30 mai 2017

Medical Malpractice: Surgeon Placed 6 Anchors in Glenoid Labrum in Incorrect Positions. Rare

My question involves malpractice in the state of: Pennsylvania

I had a workmans compensation surgeon perform a labral repair (tear from 3 to 8 pm) and place 6 anchors with sutures to repair the tear. Had immense pain for months, reported pain each appointment, called emergency line twice, surgeon stated before an MRI was conducted that he would attempt to pull all of the anchors out.

I immediately contacted a pain specialist who referred me to a shoulder instability specialist who ordered an MRI and Cat Scan. Surgeon told me its clear and obvious via MRI and cat scan the 6 anchors are missplaced, so much that he has enough space to place new anchors in the correct space, when asked if he could remove these anchors he stated absolutely not, it would not be safe. He states that for this to occur its rare, and that I would have to live with the 6 missplaced anchors. I now am ordered to have a 9 month (recovery time) revision surgery to place the new 6 anchors, and I will most likely lose my job.

Is this medical malpractice or negligence? Can anyone help?

Thank you so much.


Medical Malpractice: Surgeon Placed 6 Anchors in Glenoid Labrum in Incorrect Positions. Rare

Garage Said It Was Okay to Drive My Car, Now My Motor is Shot

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

I went to a garage because I had a leakage coming out of my car, and to get an oil change. When I came back to pick it up, they told me my oil pan had a crack in it and to replace would be 300 dollars. The woman at the desk then told me that it would be safe to drive, and I didn't need to get the repair right away but should think about it if it got worse. When it DID get worse, I brought it my car for the repair a month later.

When I was driving to the garage, my motor started knocking which is never good so I got it towed to the garage. I called to ask about the car the next day and the woman told me that it would cost an "amount of money" for them to find out what was wrong with it but I should really just cut my losses and get a new car.

The reason I'm posting is that I went to that mechanic because I know NOTHING ABOUT CARS, and when I asked her what I should do she told me that my car was fine to drive, and obviously it wasn't. I'm normally never upset about customer service or the quality of a service, but I'm just a 20 year old girl with no money and now no car who was told that the repair wasn't needed.

Is there legal action I can take or is this my fault for trusting them?


Garage Said It Was Okay to Drive My Car, Now My Motor is Shot

Civil Rights Issues: My Id Was Stolen and 8203; the Thieves Went to Steal My Car

My question involves civil rights in the State of: Washington

Can someone please help my ex friend stole my id out of my wallet on 5/13/17 then went to the DMV the next week on 5/20/17 to forge documents and signature to transfer my title over I had no clue she had done this until she showed up at my door on 5/24/17 with a lock smith I showed him my title and registration and I called 911 she told the officer I sold my car for pills and money which is BS. The DMV aren't helping at all when we called to see if they had the video footage of who posed as me. I notified the title fraud Dept of what happened and there has been a freeze on her being able to get a title. I pray they look at how they wrote my signature, I want to know what forms they used if I have my original title? I thank God my car is being held by my in-laws police department to investigate this whole situation


Civil Rights Issues: My Id Was Stolen and 8203; the Thieves Went to Steal My Car

Holding Over: Roommate Gave Me 30 Day Notice, Signed Off Lease, but Now Won't Move

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

Hello,
My roommate and I are co-tenants and have been for 2 years. We don't get along and decided to come to a mutual agreement for her moving out. I agreed to give her 1/2 of the deposit so long as she gives me a proper 30-day notice and leaves as stated. We have a written agreement to these terms. On the last week of April she gave me a 30 day notice. She stated that she hadn't found a place to move to yet but was planning on leaving by June 1st.

I took her notice and told her that she needed to let me know by the 15th if she changed her mind. I hadn't heard from her, so I emailed her to confirm her move out date. I reminded her that she needed to sign a release form to remove herself off of the lease and, if she did not do so, I would not be able to make necessary arrangements and could not guarantee giving her 1/2 of the deposit.

She went ahead and signed herself off of the lease (I turned the release form in and confirmed with our landlord this morning). However, she has been very vague about when exactly she is moving. I have found a new tenant and they are expecting to move in by in June. I have asked my roommate repeatedly to let me know when she plans on leaving, so I can prepare the room for our new tenant.

She finally texted me today, 2 days before the end of the month, with a very vague response stating she "hasn't worked out all the kinks" and wants to keep communicating with me about this. I am now concerned that she is not prepared to move out. I do not want to live with her anymore and do not want to take any more money from her. At the same time, I cannot afford the rent by myself and need to make sure it is paid on time.

What are my options? Can I give her a 3-day notice to quit? Or do I have to give her a 30day notice? and if I do, what do I do about not taking $$ from her. Can I refuse to give her the portion of the deposit I agreed to give her if she does not leave when she says she will?

I do not want to loose my prospective tenant because she is not ready to leave by the date she agreed to!

I hope this makes sense. I am happy to offer more information! Please HELP!!


Holding Over: Roommate Gave Me 30 Day Notice, Signed Off Lease, but Now Won't Move

Emancipation: How to Help a Minor Girlfriend Get Emancipated

Question in reference to a minor and legal adult in Missouri.

I'm aware questions of this nature have been asked and responded to time and time again, with essentially the same result every single time... however, I'm a bit bullheaded and pretty insistent on seeing what I can do about my current situation. I'm not whining because it's bad; there's nothing dramatic or special about my case. I'm just interested on sharing the opinions of people who have experience with the laws - especially family law in Missouri (which feels pretty non-existent at times).

Starting from the beginning, I am 18 now and my fiancé (though her guardian (who is not her parent) would disagree with that title) is 16 as of February. When we started dating, I was 17 and she was 15 which I believe stands up in Romeo & Juliet laws (unclear on the extent of their protection) as well as what I understand to be the statutory limitations on minors in Missouri. The current long-term goal is to wait until she's 17, at which time she can leave the home and the police cannot force her to go back home (I asked the police department about this myself).

In the short term, I wanted some wizened opinions on making a petition for emancipation to the 39th Circuit Court in Missouri. She'd be the one filing, of course. The idea is that since she works full-time and is completely capable of setting up payment arrangements with her guardian to essentially be "self-sufficient", it would be an almost trivial matter to bring a petition before the court and try to rule that it is in her best interest to be emancipated. However, a suspected pregnancy and family issues may pose a challenge to that.

Continuing, I'm well aware the age-old war between teens and their guardians; more than aware. I'm a spectacularly clean case when it comes to that, but I understand it thoroughly. As "abuse" is a highly subjective point to stand on, my fiancé feels as though her guardian is emotionally abusive and unnecessarily controlling at times. She has also been hit before, though it did not stand up with the police as no marks were left (happy and disappointed at the same time).

We've done everything we can right. We're both Christians, we both agreed to marry before we had sex the first time, and we were open about it with her guardian. Her overall family has a rather full past of emotional and, to some degree, physical abuse. I'd simply like to see what options there are of enabling her to live with me sooner than when she turns 17.

As it stands, I also work and can easily support myself on my stable income, though I'm fully aware that has virtually no weight in a court case.

As an additional question, if we were to make a case to allow us to be married by court order, might that work? And on top of that, would pregnancy help with that particular option?


Emancipation: How to Help a Minor Girlfriend Get Emancipated

Traffic Lights, Signs and Controls: How to Contest a Failure to Stop at Stop Sign Ticket, CVC 22450(A)

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

I was issues citation (VC 22450a) for allegedly rolling through a three-way stop sign. I submitted by Trial by Declaration hoping the judge would rule in my favor, but I wasn't surprised when it wasn't. I'm asking for help on how to contest this citation in court. I have already scheduled a court date in July. Below is my Trial by Declaration with exhibits, as well as the officers Declaration.


TbD_Mine - http://ift.tt/2qztOFE
TbD_Officer - http://ift.tt/2qztOFE
ExhibitA - http://ift.tt/2qztOFE
ExhibitB - http://ift.tt/2qztOFE
ExhibitC - http://ift.tt/2qztOFE
ExhibitD - http://ift.tt/2qztOFE
ExhibitD2 - http://ift.tt/2rSoSjg
ExhibitE - http://ift.tt/2qztOFE
ExhibitF - http://ift.tt/2qztOFE
ExhibitG - http://ift.tt/2qztOFE


After reading the officers citation, view my comments below.
1. Officer says he was at the southwest corner of the intersection. From my recollection, he was posted where my arrow is on Exhibit B, far from the southwest corner.
2. Officer claims to have a view of the vehicles stopping, but my Exhibit D & D2, it clearly show this is not the case.
3. Office claims he saw me approach the limit line, and slow slightly and continue through the limit line. This is bull. I stopped, fiddled with my radio for a second, then continued. It may have appeared to the officer I ran the limit line. Looking at Exhibits E and F, my stopped vehicle is way behind the line, and would appear to have passed the limit line, as I slowly accelerated forward.
4. I never admitted by saying "Yeah". I almost never use this word. If I would have said something along that line, I would have used the word "Yes".

Thanks, but in the eyes of the law, you're guilty until proven innocent.


Traffic Lights, Signs and Controls: How to Contest a Failure to Stop at Stop Sign Ticket, CVC 22450(A)

Assault & Battery: Is It Considered Assault to Hit Someone with a Lollipop

My question involves criminal law for the state of: all states

if someone hit someone with a lollipop would it be considered assault? or assault with a weapon? assuming the person with the lollipop used to whack someone over the head


Assault & Battery: Is It Considered Assault to Hit Someone with a Lollipop

Other Issues: Can My Brother File for Me

background: I used to live in the U.S. At age 13 my father and stepmother (whose a us citizen) filed for me. I was there for 6 years legally until my father encountered some immigration problems. Due to the problems my father was facing, I was placed in a removal proceedings until I took a voluntary departure. I never got in trouble with the law and i have a clean record there. I've been back in my home country since 2011.

Current situation: my brother is a us citizen. With my past immigration background can he file for me? Or will it pose a problem given my history?

Thank you in advance.


Other Issues: Can My Brother File for Me

Transferring Title: Mechanics Lien Limbo

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

I bought a van in TN. The van sold at auction on a mechanics lien. All paperwork seems to be in order; certified letter to last registered owner that was returned three times unopened, the newspaper ad for the auction etc. I took the paperwork to the TN DMV to get a title but was told that they wouldn't issue me a title because I was an out of state resident. Worried that I might have trouble presenting the paperwork to OR I asked what would happen if Oregon wouldn't accept TN paperwork. She assured me that if I OR wouldn't accept it they would issue me a title provided that Oregon give a letter stating that they wouldn't accept TN paperwork. TN issued me a temporary tag for the trip home.

Once home Oregon DMV accepted all the paperwork and issued me plates and everything was fine until almost two months later and I got a call from Oregon asking for the plates back as they won't recognize TN paperwork. I called TN to explain what happened and to find out how to go about getting the title only to have their DMV now tell me that they won't issue me a title since I'm out of state.

How do I reconcile this?

OR suggested that I "try to register it in another state that would accept TN's paperwork and get a title" which then OR would accept. They didn't suggest a state.

I know that VT will issue plates based on a Bill of Sale only for vehicles over 15 years (the van is 18 years) and I confirmed today that OR will accept VT registration in lieu of a title.

I researched the previous lien holder and the previous owner. There is no lien on the van - the former lien holder sold the van at auction in 2011 and has no claim to it. The previous owner I believe passed away but I can't be sure. The carfax for the van ends in 2012 and I believe it was abandoned at that time.

Where does a title begin and end? TN won't issue me a title but I'm the "winner" of the auction from the "Garage Keepers Lien" and have all the paperwork from that. How much ownership does that give me without the title?

I'm worried that if I present all this paperwork to VT they might not accept it. Ironically they would accept a simple bill of sale which I've done before. Does TN have to "release" the title? If I get a plates from VT and then take that to OR what happens to the last known title in TN? Is there a drawback from giving up on TN and circumventing it and getting a VT registration and then turning that into a OR title?

Looking forward to any and all advise.

Thanks,

Gregor


Transferring Title: Mechanics Lien Limbo

Subleases: Who Gets the Security Deposit (Input Greatly Appreciated)

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

we recently signed a sublease (or a lease takeover?) to take over 3 remaining months of the original tenant (OT)'s lease. paperwork was signed last week through the apartment management office only and nothing was signed between us and the OT. paperwork says that OT's security deposit stays on the lease until we move out at the end of the lease. we thought we were set to go.

OT is now wanting us to sign an agreement between him and us that we will return the security deposit in full to him at the end of the lease. he wants us to walk through the apartment and sign an agreement saying that it is in tip-top shape.

the problem is, we want the apartment complex management to do this walk-through and sign off (which they are unwilling to do at this time) for us to be comfortable with signing this agreement with the OT. after all, our subjective ideas of what is "tip top shape" may not jive with the management's idea. we are happy to return whatever portion of the security deposit we are given at the end of the lease but simply cannot guarantee that we will refund the full amount of what OT paid at this time.

OT is now threatening to back out of the sublease agreement if we do not sign this document.

questions:
1) who owns the right to the security deposit?
2) can OT back out of the sublease agreement, despite all the paperwork being signed? we move in next week.

thank you for your help!


Subleases: Who Gets the Security Deposit (Input Greatly Appreciated)

Closing Threads to Comments

I read a thread started in 2012 regarding stolen property where absolutely 100% wrong advice was given, across the board; it was nothing more than opinions, by absolute ignorants. Yes it's 5 years old, but it still comes up on page one in the google searches.

Google doesn't care how old a link is, (so neither should you); its algorithm only tabulates a link's popularity. Because this link was on my first page, Google believes it's a valid AND popular link, and whike it may be populat, it's a horrible link. No accurate legal advice was given this poor woman.

Because the advice is so incredibly wrong, (according to two judges, 1 cop AND 4 attorneys who just read it in the coffee room together and were aghast and wanted to reply), and it's still clickable, meaning that this post has been leading people astray for 5 years, this website either needs to allow threads to remain open so current and ACCURATE advice and corrections can be added throughout the years OR, the old, closed threads should be entirely deleted.

Either leave threads open for comments, or make them "unclickabe," meaning delete them. Closing threads while still allowing them remain online is really quite foolish. Either delete them, or let people continue to comment. Some new commenters on old posts just might have actual legal degrees, and who can help.


Closing Threads to Comments

Trusts: Adding Beneficiary As Successor Trustee to Irrevocable Trust

Hello,

I have some questions about an Irrevocable Trust that was established in Michigan. My dad set up a living trust many years ago that converted to an Irrevocable Trust when he passed away in 1979. The trust named my mother and a local bank as co-trustees. The bank resigned their position a long (25+) years ago leaving my mom as sole trustee. The trust is set up so my mom lives off the income and upon her death the assets are divided equally among the three children. My mom recently suffered a fall with multiple fractures and it has made us think about what would happen to the trust if she became unable to serve as trustee. Most of the trust assets are in a Charles Schwab account. They have told us for these types of accounts, a Durable Power of Attorney is not enough for them to give someone else access to the trust funds. They suggested my mom should add a co-trustee or successor trustee. The trust has language if my mom wanted to hire a different corporate trustee, but does not say anything about adding a private individual as a co-trustee or successor trustee.

1. Can my mom, as sole trustee of the account, add me (one of the beneficiaries of the trust) as a successor trustee? I am thinking it should name me first, and if I am not available or willing, name one sister second and the other third. This way all beneficiaries are in the amendment and all contingencies are covered.

2. If yes above, is the best way to do this to hire a Michigan estate attorney to draft an amendment to the trust?

3. If no, could my mom add me as a co-trustee? Or, is my mom's only choice to hire another corporate trustee?

4. Would any amendment require the signatures of both sisters is the intent of the trust is/will not be changed? One sister is not well and this is not a good time to bring this up.

5. If we do nothing, what happens when my mother dies? Who would actually file the paperwork and split the assets among the children? Her executor? As I understand it, the trust assets do not technically belong to her and are not part of her estate.

Thanks so much for your help and advice!


Trusts: Adding Beneficiary As Successor Trustee to Irrevocable Trust

Do I Hold an Implied Easement

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

My water meter sits in county property not directly in front of my lot but aprx 6 feet over in front of a neighboring lot. My home is 26 yrs old. They are currently building on the neighboring lot (has never been developed.) The two lots were owned by the same person when we bought our home/lot (5 yrs). In further past history, more than likely, the person that built our house owned both lots at the time. They are demanding I reroute my water line & are claiming no liability if they damage my waterline during their work. I can't say for sure where my line runs. If it runs straightest route it could cross the front corner of their lot or if it takes two right angles then it doesn't cross their lot at all. Who knows? Can someone just claim no responsibility for damage? What are the terms for an implied easement? It seems with the separation of land, permenancy of the utility, the length of time and necessity, I have an implied easement.is this correct?


Do I Hold an Implied Easement

Collection Lawsuits: Judgment in Warrant in Debt from 2011

My question involves collection proceedings in the State of: VA

In trying to improve my husband's credit we found out he had 3 judgments for warrant in debt from 3 different credit cards. He never showed up to court so he was found guilty. These were from 2011 & 2012 and totaled $10k then. I believe the interest rate was set at 6%.

My husband never had his wages garnished - I'm not sure if it was because he had for the longest time been an independent contractor?

We need advice on how to handle and what to expect. Do we get the creditors information from court? I'm afraid they will make us pay everything in total on the spot and we can't afford that at the moment. We want to pay it off so that his credit can improve.


Collection Lawsuits: Judgment in Warrant in Debt from 2011

Did My Parental Rights Change Because I Moved Out of State

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

I have joint custody with my childrens father week on week off. However I moved to Oregon and from that point on he has denied me visits unless I am in Ca and when I do come to Ca I'm only a loud to see them during the day. I am in the process of getting a modification to our order to help with this issue. I was just informed 2 days ago that my children will be going to Idaho for the summer. When I asked for names, numbers and address their father refuses to give me any of that info. They leave 6/11/17 and supposed to return 7/31/17. I was never even offered a week of summer with them. What can I do to get him to give me that info? Thank you in advance for all the feedback.


Did My Parental Rights Change Because I Moved Out of State

Adoption of Children: Adopting My Niece and How Can She Get Her Stuff Back

My question involves adoption law for the State of: Michigan

Hi! So I don't know really what to consider this, so I'll just tell you the situation and if I can get some advice it would be very much appreciated! My cousin just passed away almost a month ago. She left behind her 5 year old daughter Anna. When my cousin was alive I always took care of her for her. She has no father in her life, nor ever has. Nor on her birth certificate. When things happened, we found out CPS was going to be involved because of the death and drugs being partly related. My cousin had a live in boyfriend whom sold and got rid of all my cousins things within a week of her death. Anna though has been living with her mom's other cousin, and we know she won't be able to stay there for issues with the family. As of now, the boyfriend is refusing Anna to get any of her previous things or even enter the home because of her choice not to live with him. Yes, to a 5 year old!! He is not fit, nor able and does not have the money to care for her. Her next of kin is not able to either as he is on hospice. Is their anything we can do to be able to get her things back? Would there be a chance I could possibly have her live with my family and I? Even if I am in a same sex relationship and on state aid?


Adoption of Children: Adopting My Niece and How Can She Get Her Stuff Back

Civil Rights Issues: Failure to Display Drivers License

My question involves civil rights in the State of: texas

back in January I was pulled over as I entered my driveway very late at night. the officer refused to tell me why I was being pulled over when I asked him. he got mad very fast and threatened to arrest me if I didn't give him my license. I felt very threatened from the beginning as I seriously had no clue as to what I did wrong. I asked for another officer because of his quick threats...i have never been in any trouble my whole 33 years. long story short...he opened my car door and demanded my license again...i had it in my hand the whole time. I held it up. showed it to him. I even recited all the information on it. well that made him pretty angry...he proceeded to put his hands on me and started pulling me out of my car...he slammed me on my own driveway. I have video proof of this whole thing. he ended up arrested me. they charged me with resisting arrest and failure to identify. well, a couple months later I go to court. they "down graded" the failure to identify to failure to display a drivers license. I clearly displayed it. you can clearly see that in my video and his body cam. they also down graded my "resisting arreset" to disorderly conduct as you could clearly see I was not resisting. i have another pre trial in a few days for the "resisting" and a trial date for next week on the "failure to display". i can't afford an attorney. I even tried to get a court appointed. they turned me down. I am seriously at a loss and honestly scared. I know I did nothing wrong. I get that. but I also did nothing wrong that night and look where it got me. I am needing advice and help on what I should do. the police department will not release the body cam to me. I am allowed to go in person and watch it but that is it. I even filed a motion of discovery of which the sent to the AG and had turned down. how do I request that this video be shown in court? I requested a jury trial on both. part of me wants to just plea out because I am scared and can't afford the fees if I do lose. but part of me knows I was not in the wrong and feels I should fight. help.


Civil Rights Issues: Failure to Display Drivers License

Will I Get Arrested on a Warrant

My question involves criminal law for the state of: idaho i got caught stealing a pair of 30 shoes from walmart i have a warrant for not showing up at court .. is there anyway i can avoid jail? Also another questions why do the moderators choose to delete some posts because i wrote a post like this before it was there longer than 30 minutes ... and other posts they wont let u delete?


Will I Get Arrested on a Warrant

Establishing Paternity: Complex Paternity Help Needed

My question involves paternity law for the State of: South Carolina

I am married. My husband and I separated and I started a relationship with a man I knew for a good while. I eventually found out I was pregnant and when I tested we assumed it was the friends baby. I went to my Dr to figure out how far along I was and shockingly discovered I was 4 mo pregnant. This time period put serious doubt as to who was the father based on separation. The friend and I had a major falling out because of his alcoholism. So things ended and he just disappeared out of our lives. After some time, my husband and I worked things out and he took care of us during my pregnancy, the birth and now my son's first year of life. I felt it was only right to notify the other man of the birth because it seemed very likely after my son was born, that he's the biodad. My son was 5 mo old when I was able to reach him abd let him know. He also feels confidently he's dad. Then all the complex issues appeared. He wants to establish paternity, get some rights, etc. He wanted us to work it outside of court, but unfortunately that's a impossible scenario due to the situation regarding paternity, child support and working out details. I let him know this and he has been threatening and promising since he found out and nothing has happened. In SC I know due to marriage my husband is the legal father and he's on the birth certificate. I also know SC uses a registry for situations like this to protect fathers rights so he can contest paternity, be notified of adoption, etc. I have no clue if he registered or if there's a time limit. I'd like to know more about that. Because it's clearly stated if he didn't register, he's waved rights. So does that mean he can't file paternity? And if he can file paternity and establish rights, would the fact he's waited so long have any impact here? I am concerned because my son is now a year old and only knows my husband as dad. I've seen cases vary greatly from the husband being deemed a "true " father" and judge ruled in favor against biodad. To of course biodad being awarded over the husband. So I'm trying to figure out SC stance on this. I've got an appointment for an consultation with an attorney here later this week to hopefully find out more. But I would appreciate some information. Thank you in advance.


Establishing Paternity: Complex Paternity Help Needed

Estimated Jail Time

My question involves criminal law for the state of: Ohio
My boyfriend was arrested for 2 Bench warrants and transported into custody at Erie County Jail on 5/15/17. Dylan has yet no bond issued.

Here are provided links below to follow up to his arrest
**start at the bottom link**


http://ift.tt/2r8vaKt

http://ift.tt/2r8m6p2

http://ift.tt/2r8m54s

http://ift.tt/2r89q18


**Also in the 3'rd report it says Dylan was under arrest for Disorderly Conduct(M4) Later into the report it states "Due to Dylan's repeated statements and his actions, he was transported to the ER at Firelands Regional Medical Center for a possible evaluation. Dylan was later admitted to the hospital for further treatment. Due to this, a charge of Disorderly Conduct was drawn up against Dylan and the charges were given to the OIC for further processing."

Does this mean he was charged with the 2 bench warrants and the disorderly?
Is there anyway possible I can get a estimate on how much time he will have to serve if possible?
Thank you so much!


Estimated Jail Time

Other Issues: Can You Legally Enter the U.S. with a Misdemeanor Criminal Record

I got caught with using a fake ID a few months on J1 visa and i wasn't arrested or anything but had to pay a fine. Im still in the US and i'm trying to go to Europe. Will i be able to enter US when i come back?

I appreciate your help!


Other Issues: Can You Legally Enter the U.S. with a Misdemeanor Criminal Record

Grandparents and Third Parties: Divorce Between Legal Guardians

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

My soon to be ex husband and I have had full physical and legal custody of our niece and nephew since January 2008. We consider them as our own children so we initially included all the custody stuff in our divorce decree, and I requested alimony for $500/month since I can not request child support from my ex due to not completing an adoption.
His lawyer says that he thinks we need to remove everything regarding the kids from the divorce decree, and modify the custody stuff under our third party custody case.
Our son has not seen him in about 4 months (he's 11) because my ex has a bad temper, and the last time he was there he called him an "embarrassing bastard." My son wanted to call him and let him know that he didn't like the way he talked to him. My ex cussed him out and said that he wasn't allowed to come over anymore. My son has been in therapy since well before that happened and his therapist has written a letter stating that she does not think he should see him until some sort of counseling or something is completed. My ex has made no attempts to fix their relationship.
During all this time he has still taken our daughter (almost 13) every other weekend. I believe that he's manipulating her into thinking she'd be better off with him, and allows her to do things that we as a couple would not have allowed her to do.
I've talked to my lawyer about taking the kids stuff out of the divorce, and then hopefully just getting his rights removed.
My lawyer is awful about communication, hardly ever responds to me, and doesn't seem to be knowledgeable in this area.. which is why I'm asking here. It's obviously not a common situation so I've had no luck trying to do my own research. I can't afford to hire a new lawyer, and I want to make sure that his lawyer is correct before I make any decisions.
Thank you!


Grandparents and Third Parties: Divorce Between Legal Guardians

Deprivation of Civil Rights: Ordered to Do Supervised Visits with No Clarification

My question involves civil rights in the State of: Florida

Hello, I have been in an extremely hostile custody battle for close to 8 years. The father is the custodial parent and has not followed the custody order in any way for the last 4 + years. A lot of this has to do with a biased judge who, as one example or many, ordered no contact between myself and my child with justification. Her action was so blatant and egregious I was actually able to overturn the order on appeal without the help of an attorney as it was ordered with no due process. Unfortunately I listened to my attorney and did not have the judge recuse herself after the case was remanded back to the lower courts and this same judge continued to not only deny my ordered visitations in California where I live but also insisted on supervised with no explanation as to why despite numerous requests to clarify. As a background, I am a licensed physician, triathlete, and active member of my community. I have no criminal background and have done nothing in violation of the order to deserve such treatment since the father has actively denied contact between with my son and I with no repercussions for years.

My question is: is this a violation of my and my son's civil rights? We are both actively being denied a meaningful relationship due to a raging case of parental alienation on the part of the father but also as a result of the courts/this judge not enforcing an order already in place. My case is in the Hillsborough Co. family court system but I would like to know if there are any other avenues to seek relief to address this matter.

Thanks


Deprivation of Civil Rights: Ordered to Do Supervised Visits with No Clarification

Father Obtaining Primary Custody

My question involves a child custody case from the State of: Texas
I have been having a 50-50 custody agreement with the mom for the past year and 9 months now that my son is starting school she is being uncooperative and demanding that he goes to hers choice of school and claiming that my girlfriend is being abusive towards him and that she can no longer watch him I went ahead and file for her to be put on child support rather than wait for her to put me on there I could tell that to where it was going I have proof that I've made every attempt to even pay for him to go to school and drop him off pick him up and she still is being uncooperative my next move is to get my son whenever I get him to keep him until we go to court does it sound like I have a case? Also I would like to mention that my girlfriend has been watching him for the last year and nine months she helped potty train him she wiped his poopy diaper she's been there for him totally completely and now I feel like she used her as an excuse to initially get him to get taken away from me because she knows that she is the reason that I have him so much and now I feel like since my son started school she wants to keep him and her custody and I wanted to be the one to make the first move need to know that I have a case so I can feel confident and moving forward with this


Father Obtaining Primary Custody

Driving Records: Tololfg Sxfjkdfgh Dfgjfgd Er Ryh Jh

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Driving Records: Tololfg Sxfjkdfgh Dfgjfgd Er Ryh Jh

Guardianship: How to End Guardianship of Your Children by Their Grandparents

My question involves a person located in the state of: Indiana

So my mother took my husband and I to court for guardianship of our kids while we were trying to get our house and job set up in Florida. She knew where we were bc we were sending her money. She deceptively some how got guardianship without us knowing. It's taken us quite some time to not only move back up north but get jobs and house. AND we just hired a lawyer. NOW we know the kids are miserable and just want to live with us. She already gave us our 11yr old bc she apparently couldn't handle him. Well when she found out we got a lawyer she not only took him back but said she was not allowed to speak to us or let any of our kids see us.(there is no legal bases that we know of for her to say that) I think it has scared her bc of all the deception she did to get the kids in the first place. What I need to know is if she is willing to give us back the kids right away are they allowed to stay at our​ house til the court proceedings?


Guardianship: How to End Guardianship of Your Children by Their Grandparents

Driver's License Reinstatement Losaeo Hdhjtj Heal to Lose



Driver's License Reinstatement Losaeo Hdhjtj Heal to Lose

Jurisdiction and Venue: I'm the Plaintiff and I Moved Out of State -- Can I Sue in My New State

My question involves court procedures for the state of: Utah and/or Arizona

I purchased a mattress from JC Penny online while living in Utah. It turned out to be incorrectly labeled. They claimed it was a "plus" model when it was really a "standard" model.

I contacted the mattress manufacturer and they confirmed in writing that the mattress they sold me was not as described.

JC Penny refused to replace and/or refund without a significant restocking fee. I gave them notice of intent to take legal action unless they remove the item from my property and refund all my money and they did not comply.

Before I submitted a motion to Utah small claims, I moved to Arizona. I was previously a resident in Arizona and only lived in Utah for 4 months.

I can't travel to Utah just for this small case matter -- it's less than $1000. Is there a way I can sue in Arizona?

I was thinking if I contact JC Penny and ask them for a return, they'll pick it up and charge me a restocking fee. At that point I am hoping I can sue since the actual damage happened while in Arizona despite the whole matter originating while in Utah. Is that a reasonable tactic?

Any help would be greatly appreciated.

Thank you,
Sativo


Jurisdiction and Venue: I'm the Plaintiff and I Moved Out of State -- Can I Sue in My New State

lundi 29 mai 2017

Breaking a Lease: Heater Not Working

My question involves landlord-tenant law in the State of: California
Can a landlord rent a apartment knowing heater does not work and wires to thermostat are hanging out wall and if so, how long does he have to make sure the heater works.
Is this a good reason to end lease agreement?


Breaking a Lease: Heater Not Working

Reckless Driving: Speeding Ticket: 115 in a 65

My question involves a traffic ticket from the state of: new york

I was driving on the highway coming home from upstate ny when i got pulled over by a state trooper i was doing 115 in a 65. I have no other points on my license and never got a ticket before. I just turned 18 the day i got pulled over. There was no fine on the ticket i just have to go to court but i can get enough points off my license to get suspended because i was so over the limit. Should i get a lawyer? How should i go about this and what would be the most probable outcome?


Reckless Driving: Speeding Ticket: 115 in a 65

Violation of Confidentiality for Job Interview

My question involves labor and employment law for the state of: Illinois. I am currently employed and went on a job interview at a different organization. Someone at the org I interviewed at told the Executive Director at my current org that I was interviewing even though I specifically checked not to speak with my current org on the application. Is it legal for this person to do that?


Violation of Confidentiality for Job Interview

Transferring Title: Truck Title Issue. Need Advice Nebraska

My question involves vehicle registration or title in the state of: Nebraska. Ok guys, so I bought a truck in Nebraska from a person who now lives in Colorado. When I bought it I made a mistake of not being there in person for him to sign the title over to me. I lefy money in my cousins hand as i was leaving the state. So he did sign the title over but I noticed he signed the title over wrong, signed in the dealer portion not the private portion and did not sign his full name. Also he did not leave a bill of sale for me either. Then I noticed when the person originally bought the vehicle before me he did not take the title in to pay sales tax and register in his name so the title is still in the dealers name he bought it from. I called the dealership and the courthouse and they're telling me he must be with me for the dealership to sign a duplicate title to him, and then to me. Problem is I can no longer get ahold of him. The dealership cannot just sign the duplicate title to me because that would be title jumping and is a felony. Any advice?


Transferring Title: Truck Title Issue. Need Advice Nebraska

Joint Custody and One Parent Dies

My question involves a child custody case from the State of: California.
My ex husband and I have joint legal and physical custody. He died very suddenly and recently. I live in a different state then him and the kids. We used to live in the same town but my current husband is military and we decided to keep the kids there so they could stay with one parent and in the same school. Well he died and now they are staying with their grandpa (their step mom lives on the property too but I left their grandpa in charge of them and sent him a letter stating he is caring for them until the kids come to Florida on a certain date) while I had to go back to Florida to make arrangements for them to move to Florida and they finished their school year. SO what do I need to file with the state so it shows I now have full custody of the children and have rights to move them from the state. The grandfather and step mother have not petitioned for guardianship at this time.


Joint Custody and One Parent Dies

Federal Taxes: Tax Relief for Victims of Domestic Violence

My question relates to the Victim of a domestic violence situation

The victim has a domestic violence restraining order against former spouse, divorce is now final

The victim had to move out of state to get away from the former spouse

The victim had to quit their job, and has no job in the new location yet

The former spouse has not been convicted of a crime, the restraining order was granted before a crime was committed

Is the victim eligible for any tax relief?? For example, moving expenses deduction? Or any other deductions or tax credits?


Federal Taxes: Tax Relief for Victims of Domestic Violence

Can My Girlfriend's Mother Get a Restraining Order Against Me

My question involves restraining orders in the State of California.

The mother of my girlfriend just told her yesterday that she doesn't want her dating me anymore, because I'm "dangerous" supposedly, I opened to her about my past in Mexico and how I was forced to be involved in many dangerous situations with the mafia over there, which couldn't be prevented or the lives of your family and you are in risk, all this things happened until I turned 16 years old and I started to move away from the Mafia slowly to prevent any harm to my family, and eventually I moved to U.S.A. to seek a more prosper future for myself.

My girlfriend got intoxicated at a party with weed laced with PCP, and ended up at the hospital, at no moment she directly ingested the drugs but she was around the environment where it was being smoked and inhaled the substance, she's 5'2 and weighs less than 90 pounds and the doctors mentioned that it wasn't rare that she almost died because of her body type. Since that incident happened, her mother doesn't let her go out from her house, only to go to school, and doesn't even want her friends talking to her or having any type of interaction. My girlfriend spends every day going to school and then to her house, we have only gone out 6 times in total during our whole relationship, our dates are basically at her house. She has slowly starting to become sadder and sadder, to the point that every single time I see her she ends up crying on my shoulder about how her life being "miserable" and how alone she is becoming, and how much she missed her closest friends and also her best friend since that incident happen she also has nightmares every night and became really paranoid, also her left-hand twitches all the time, but she doesn't have the courage to try to talk and try to stop her mother, and her mother is not taking seriously what is happening to her body and it's not seeking for help, and it's not my place to do something, legally.

At no moment I have threatened or shown any type of sign of aggression to her family or her, I'm a 19 years old college student and I also work as an insurance agent, my girlfriend is a 17 years old high school student and most likely to become a super senior due to her mother's actions(She also wants to move away to maintain her daughter away from me and the people that led her to get intoxicated). Also, there has never been any type of sexual contact between her and me. The last point is that her mother is also illegal, while my girlfriend and I have citizenships.

#1 There's any possibility for her mother to force me to stay away from her?
#2 There's any possibility to force her mother to take care of her daughter mental and emotional health?
#3 Being involved by force with the mafia in Mexico can bring me problems in the United States?
#4 Please tell me any other possibility that may occur in this situation and your opinions.

By the way, I'm so sorry if I committed some type of grammar mistake, English is my second language but I tried my best to explain the situation.


Can My Girlfriend's Mother Get a Restraining Order Against Me

Visitation Modification

My question involves a child custody case from the State of: arkansas. The judge had given all holiday time for the next 2 yrs to mom who was absent more than present the past 3 yrs of his life. . We are entering year #2 (he is now 6 yrs) and our son doesn't understand why he can't have holiday time with Dad.What steps can be taken to try and get some holiday time back with dad with Dad?


Visitation Modification

Sentencing: Second Minor in Possession of Alcohol Under the Age of 18

My question involves criminal law for the state of: north dakota


Sentencing: Second Minor in Possession of Alcohol Under the Age of 18

Minor Misdemeanor Citation

My question involves criminal law for the state of Ohio. I recently got 2 minor misdemeanor citations, one for a small baggie of marijuana and one for paraphernalia. It's my first and only offense ever. I don't have any tickets. Is there any way to not get my license suspended and just pay a fine?


Minor Misdemeanor Citation

Modification of Support: Can a State Exceed the 55% Federal Law

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

I have 2 Child Support cases, Ohio and Illinois. Federal Law dictates not to exceed 55% However I am paying 65% between the 2 orders. The Ohio order was pre-existing when the Illinois order took effect. I have read through the federal law statute as well as § 750 ILCS 5/505. Child support; contempt; penalties. From these I am to understand the following

1. Support is not to exceed 55% of disposable income
2. Disposable income is defined as: income after taxes, insurance, mandatory retirement, and support order(s) are deducted.
3. Per the Illinois statute the minimum percentage would be based of my disposable (net) income after the pre-existing order and other associated deductions, unless that number with the previous support order exceed 55% then the max would be what equals out to my 55%

Next, I have had to gain a part time employer to make ends meet. I have not been able to find anything that definitively states that part time employment can not be taken into consideration for support. I have found several case rulings where the non custodial parent, who worked a full time job as well as a part time job the part time job income was not taken into consideration. There were to stand points in those decisions:
1. The parent will not be indemnified to work a full time job as well as part time job to maintain the status quo of Child Support.
2. The parent working a 40 hour a week full time job with benefits should not be penalized in working a part time job to maintain a quality of life.

Any help in finding definitive statutes for these concerns is greatly appreciated.


Modification of Support: Can a State Exceed the 55% Federal Law

Calculation of Support: True-Up Statute and Guidelines

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

Is there an actual statute for the True-Up process? I have read through § 750 ILCS 5/505. Child support; contempt; penalties several times and nowhere in it does it address True-Ups. If anyone can help please do so.


Calculation of Support: True-Up Statute and Guidelines

Estate Assets and Debts: Life Tenant Not Receiving Medicare in South Dakota but Not Grantor of Life Estate

My question involves estate proceedings in the state of: South Dakota
My Grandfather set up a Life Estate for his adopted son leaving me as the remainderman. My Grandfather passed away in the 90's and my uncle lived happily on the property until about two years ago when he was admitted to a nursing home per Dr. orders. My uncle will be 79 this year. His personal finances and all personal property have been liquidated to cover his care costs. He still has the Life Estate and the State of South Dakota is denying him Medical benefits because of it. The attorney for the nursing home is co-conspiring with another attorney to remove my uncle's P.O.A. (my father). It's been clear their plan is to sell stating SD-CL 21-45-1 . My attorney assures me this won't work for them but I'm still nervous about it none the less. My plan is to be the highest bidder at his Life Estate sale and end this. The State has specified an amount they would settle for but it is absolutely ridiculous. As I am not a rich person, no one in SD is, I sold my former home and moved into my uncles place to care for things about 6 months ago. My Grandfather told me about his will when I was about 12 years old and hadn't expected my uncle to live this long because of his disability.
Is there anyway to force the state to pay for his care? Is there anyway to get the nursing homes attorney to focus on the Dept of SS instead of hounding my family and trying to sell my uncles Life Estate? ( I know when he passes it should legally revert to me) What kind of an idiot would bid on a life estate possessed by a 79 year old man in a nursing home?
Thanks


Estate Assets and Debts: Life Tenant Not Receiving Medicare in South Dakota but Not Grantor of Life Estate

Collection Lawsuits: Second Garnishment for a Debt Already Collected on

My question involves collection proceedings in the State of: Washington State

Back in October my wages were garnished to satisfy a judgement against me for some medical debt. The judgement was satisfied through the garnishment but last week I was received a mailing from my payroll department that they are garnishing my wages again for the same amount and the same case.

The attorney for the plantiff filed a default against the garnishee in February which I did not know about. I have proof that it was paid through my pay stubs, what do I need to do to get this cleared?


Collection Lawsuits: Second Garnishment for a Debt Already Collected on

Driving Records: Foldoe Lone Fgit Jafed Tiy

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Driving Records: Foldoe Lone Fgit Jafed Tiy

Asylum: Asylum Case Pending - Debating Whether to Marry Fiance Sooner Than Planned

Hello!

I filed an Asylum case 1 year ago, and am still awaiting confirmation for my interview date (I know it'll be at least 2 years before I hear anything with the current panorama).

In that time, I met my boyfriend, now fiance, a US citizen. We initially planned on moving in together next year, and living together for a time before getting married. I was recently contacted by a friend who'd filed her asylum back in 2014, had her hearing a few months ago, and ultimately had her asylum denied and is now in removal proceedings. I know asylum cases have a high burden of proof and are subject to pretty intense scrutiny. My concern now is that she and I had very similar cases (related to a series of mass student protests and instances of repression in our country of origin), and her case was deemed weak and unsubstantial, despite the evidence she provided. I'm afraid I may have issues as well, that's just the honest truth.

Should we consider getting married earlier than planned, in the next few months? Should we still wait a bit, live together, accumulate more proof that our relationship and marriage is bona fide but still get married before my hearing? If I wait for my hearing and have my case denied, get placed in removal proceedings, would getting married then be a disaster?

I thank anyone in advance for their input.


Asylum: Asylum Case Pending - Debating Whether to Marry Fiance Sooner Than Planned

Can I Get a Co State Id with California Dl

My question involves a State ID issued by the State of: Colorado

Good Morning Everyone,

I need some assistance, I was wondering if I'm able to obtain a Colorado State ID and keep my California Driver License?

I also own a home in Colorado spend 6 months here and 6 months in California.

I'm also looking to get a gun for my Colorado home if I ever go hunting.

Please Advise!


Can I Get a Co State Id with California Dl

Visitation Modification

My question involves a child custody case from the State of: Arkansas. The judge gave ALL holiday time except Fathers Day to my ex "to make up for lost time" as she had been absent for the majority of his 5 yrs.

Our son, now 6, recently asked "why do i not stay home for any holidays (i have physical custody)" i told him, "because that's what the judge said." He went further, " I want to spend holidays with you too." I told him that I was sorry but we cannot do that. Or can we?

I do not know if this matters but there is a new judge in that jurisdiction. We no longer live there, nor does my ex. If there is a possibility that shared holidays be considered, would we be required to return there? Or could it be transferred to the jurudiction we live in now? I still live in state but my ex does not.

Thank you


Visitation Modification

Modification of Custody: Is Having Someone Care for a Child at Night Worse Than During the Day

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

Does the court view overnight childcare differently than daycare? My ex and I are soon to be battling over custody and he claims that because I work nights and have my children's aunt sleep at my house while I'm at work that he will get custody. BUT if he has custody he will need to put them in daycare before and after school...which I don't because I sleep while they are in school and I can then pick them up from school and be with them until bedtime. In my opinion it is less impactful for them to have their aunt who loves them (and who they are very close with) there while they are SLEEPING than to have to have strangers care for them while they are awake! Any ideas?


Modification of Custody: Is Having Someone Care for a Child at Night Worse Than During the Day

Restricted Licenses: Jikriy Florst Fjg Jelloe Feel

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Restricted Licenses: Jikriy Florst Fjg Jelloe Feel

dimanche 28 mai 2017

Child Neglect: Suing Absent Father for Child Neglect

My question involves child abuse or neglect in the State of: Arizona.

I'm 17 years old. My mother passed when I was 14, almost 15 and I was placed under my fathers care but my grandparents have power of attorney (I believe) forms that state anything my father can choose for me, they can too. I lived with him for a while but moved in with my grandparents when I was 15 and held little contact with him. At the end of me being 16, all of that stopped. Before my mother's death, I never received child support. I tried contacting him so I can visit him, his new girlfriend, and their kid but he wouldn't answer and soon most of the time I'd contact him, it'd be for financial help. Still no replies. I have a half sister who is about 7-8 and lives with her grandma on her mother's side. I have been told he doesn't support her either or have much long term contact with her. I want to sue him for this neglect that he has on me and my sister. Even if it didn't work out, I want him to know this is serious to me so he'll stop doing it to my sister and hopefully won't do it to my brother. I'm not sure if it's worth it either because I don't want to create an unstable household for my brother if he ends up having to give me and my sister a bunch of money. I've told my grandparents about this and they agree with how I feel but have the same concerns as I do. Is this worth it and how would I go about executing this correctly if it is?

I hope this counts as child neglect, and if not, I apologize for putting it in the wrong thread.


Child Neglect: Suing Absent Father for Child Neglect

Contract Law: Nda Lawsstarting a Business on the Side, While Working Full-Time

First I would like to say sorry beforehand if someone already posted this question, and if so, I'm sorry for myself that I couldn't find it.

My Current Situation:

I'm 20 yo, living in mn as a software developer. I have been working on several different apps for over a year and would like to eventually make an LLC these apps under this new company. I recently accepted a job offer that is government contract and i signed an nda. My question is can I form an LLC while working at another company? Are they entitled to my Prior Inventions? They never asked me to list them. The software I wrote is version controlled on gitlab, so there's proof i made it before. I also wrote them in completely different programming languages, and the two products are completely unrelated. One is aviation, and my stuff is learning software, nutrition software, and a listing site.


Contract Law: Nda Lawsstarting a Business on the Side, While Working Full-Time

Retail Fraud / Shoplifting: Getinng Caught

My question involves criminal law for the state of: Maryland

So here is my story. A few weeks ago I went with my friends to the mall. My friends then told me that they shoplifted and proceeded to shoplift more like $500+. This week I've been to the mall twice and shoplifted. Today at Sephora I was caught by the people working and they made me return everything. They asked me to open my bags, and they saw the items I had taken from other stores. They let me go without taking any of my information and said "You are extremely lucky that you were caught by us and not by another store that would've called security on you immediately. I do not ever want to see you back here again. You should probably return the items that you stole." I was so scared that I called my mom and now im at home. If they didn't tell me to give information, will the police come back? I realized that I forgot to give back one item due to how scared I was. I am a 14 year old. I feel so guilty and sorry, and will never go back to those stores/mall again. Will the other stores/Sephora alert the police or send a fine even if they have no information on me? (i went on google and searched, they did not tell me to give them an id, phone number, or take a picture of me. they do not have any information on me expect for what they have on video tape) Will the sephora people be contacting other stores? If other stores saw and let me go but caught me on tape, will the police come? I will never shoplift in my life again.


Retail Fraud / Shoplifting: Getinng Caught

Consumer Law Issues: Does My Apartment Landlord Need a Reason for Evicting Me

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


Consumer Law Issues: Does My Apartment Landlord Need a Reason for Evicting Me

Ownership Rights: Bad Renters Next Door

For two years I have had to deal with renters next door annoying most of the neighbors and my own family. The husband is a police officer for another city but allows his sons to rev the engines on their very loud car and truck along with having people over at 2-3am in the morning. I have contacted the home owner after trying to speak to the tenants and nothing has been resolved. The new HOA company we have had since Feb 2017 has been giving them violations for nuisance and weeds along with garbage being left out. The home owner told me that if I provided him with pictures or video he would evict. That was over 7 months ago but and has told me they are paying on time unlike past renters so he needs real hard evidence. I have been forced to contact the city along with police department due to my security cameras along with pictures that seem not enough for him along with 4 other home owners complaining to the property manager of our neighborhood. My wife and I barely get any sleep with our 5 week old kid but the two boys cars next door you can hear coming down the street and in the back bedroom of our house. On top of the cars and the type of living style they have 7 dogs which is 4 past the legal limit for the city of Fort Worth. Each time they allow the dogs in the back yard its a bark fest. The hoa board is already going to be trying to get the city citations worker fired because each time we make a complaint it automatically places nothing seen on the site. Any advice will help as we are going crazy just trying to enjoy our home.


Ownership Rights: Bad Renters Next Door

Employer Stealing Tip Pool

My question involves labor and employment law for the state of: Missouri my ex employer will not give me my portion of the tip pool I have been getting the runaround for six months the manager refers me to the Co owner that hangs up on me.I can't even find out how much to sue them. What can I do ?


Employer Stealing Tip Pool

Driver's License Reinstatement Glotte Farm Nadi Jiike

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Driver's License Reinstatement Glotte Farm Nadi Jiike

State of Ohio

My question involves criminal law for the state of: ohio of my friends does not know if the police would call her before they submit it to the prosecuters office .... i thought the incident happened in michigan but it happened in ohio she later told me i want to help her. Would they call her before they submittt charges this was for calling to much the ohio state police for a accident report


State of Ohio

Building Permits: Silence As Consent: License for Alterations

My question involves a consumer law issue in the State of: England, UK(!)

Hi guys, hoping this has some people familiar with the similar but not identical UK legal framework.

I'm a leaseholder requiring a license for alterations. The freeholder is the local council. The works are non structural, but require a license under the terms of the lease. The trouble is, the council are astoundingly unresponsive. They won't so much as acknowledge receipt of an email, won't return calls, etc. This is putting me under tremendous financial pressure as I can't live in the place till the work is done. I'm wondering if their is a route to claim their silence as acceptance? If I do, and proceed, and they later respond with objections to the plan / no permission, what would happen then? Lastly, if I do have a route under silence is acceptance, would this be voided where either the lease or the council online guidance requires permission to be provided in writing?

Thanks you!


Building Permits: Silence As Consent: License for Alterations

samedi 27 mai 2017

Am I in the Clear

My question involves police conduct in the State of: Canada.Ontario
SO, I went to a mall i was trespassed from (i really don't know why i even went forgive me) i saw the security guard that issued the trespass ban for me and went into a store really quick. I'm not sure if he saw me but he was gone in a matter of secs and did not question me. But his fast disappearance questioned me because what if he went to call the police and identify me? So i went home right away with no one in my way. Its been 3 days i know my address is in there database. How long does it usually take for police to really investigate and come to my door? or did the security guard not see me and im in the clear since its been 3 days?


Am I in the Clear

Divorce: Divorce

My question involves a marriage in the state of: ca

I'm moving out of my wife's app
My name is on the lease
I need a new place soon
will there be any issues with me signing a new lease somewhere else is this fraud?


Divorce: Divorce

Seat Belt Violations: Wrong Rcw Listed on Ticket

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

Hello,

Today I was pulled over for having my seatbelt shoulder strap behind my back. My seat belt was fastened acting a lap belt.

The traffic infraction I was cited is RCW 46.37.510.4 which states:

(4) Every passenger car manufactured or assembled after January 1, 1968, shall be equipped with at least two shoulder harness-type safety belt assemblies for use in the front seating positions.

On my infraction issuance paper given to me by the highway patrol officer has commented next to the infraction "FRONT SHOULDER SEAT BELT VIOLATION"


I believe I should have been cited RCW 46.61.688.3 which states:

(3) Every person sixteen years of age or older operating or riding in a motor vehicle shall wear the safety belt assembly in a properly adjusted and securely fastened manner.


I feel that by admitting guilt and not challenging the fine I am admitting to have tampered with legally-mandated vehicle safety devices (2008 model year vehicle)


Thoughts?


Thank you in advance.


Seat Belt Violations: Wrong Rcw Listed on Ticket

Traffic Lights, Signs and Controls: Can a Line of School Buses Ignore Stop Signs on the Edge of School Property

My question involves a clarification for a law in Pennsylvania.

Hi, I am a high school news reporter that has noticed that a number of school buses at my school ignore the stop sign that is at the end of a school driveway where it meets a main road. The buses all leave in a line. I am trying to determine whether or not this is against the law. I belive the Pennsylvania law is a little bit vague regarding whether or not it is illegal as the stop signs are on private school property. I have barely found any information online to help me figure out the answer with the exception of this article from 2005 http://ift.tt/2ra9myn

Any help is greatly appreciated.


Traffic Lights, Signs and Controls: Can a Line of School Buses Ignore Stop Signs on the Edge of School Property

Service of Process: Proof of Service for Default Judgment

My question involves court procedures for the state of: Indiana.

I'll start by saying that I'm not an attorney, but I'm a deputy Clerk in a Court that handles lots of civil cases.

I know that Indiana Trial Rule 4.1 says that service does not need to be made in person (i.e The Sheriff posting a summons to your door, then mailing a copy to you.)
In my Court, that is considered good service in all cases. There are some cases when the copy that was mailed by the Sheriff is returned by the post office as Undeliverable (vacant home, not at this address, etc.)

The Judge of my Court will grant default Judgment on cases even when the returned mail is in the case file.
The trial rule makes no mention of this situation and I'm wondering if this is still good enough service to grant a Default Judgment. When I'm entering huge amounts of money into the case management system, it makes me a little uncomfortable to think that the Defendant may have no idea this is happening.


Service of Process: Proof of Service for Default Judgment

Violation & Enforcement: Can a Protected Person Visit a Restrained Person in Jail

My question involves restraining orders in the State of: California
I have a temporary, until court date restraining order against my wife.
My wife, the restrained is in OC Jail.
My court date for the permanent PO is in a week.
I have visited this person while she is incarcerated.
Can that be used against me when we go to court for the permanent restraining order?


Violation & Enforcement: Can a Protected Person Visit a Restrained Person in Jail

Adverse Possession: How to Claim Adverse Possession of Land Abandoned by the State

My question involves landlord-tenant law in the State of: Land owned by State of Oregon.
I am homeless and I have my tent in an abandoned land by State of Oregon. There is a wall between me and my neighbors. They don't like having such a tent there because of the trash and all other issues that homeless people do. God knows this is not my case. I am people and my neighbors are people and this land is not theirs. I understand that we are not equal. They are rich and I am very poor, yet, can I be treated equally. Can the police respond to their desire of moving me from a land that is not theirs as my request to claim this land to be mine. The land is abandoned land for almost 80 years. The police didn't do any action since February. Now ODA claims the land that they have no one sign or they never develop anything in it. The cleaning agency makes millions of dollars and they control much in Oregon when they remove homeless. Can I be treated equally and be listened to like the cleaning agency sharks or my neiboghrs. I need help to go legal in my case


Adverse Possession: How to Claim Adverse Possession of Land Abandoned by the State

Notification After Repossession

My question involves collection proceedings in the State of: Michigan

Question concerning how long a creditor has after reposession of a vechile to contact the debtor and report that it has been repossessed.

Here are the facts:
- 2 months behind in car payment so car was repossesed about 3 weeks ago.
- Have not received anything from the Credit union that the loan is through concerning the repossession and recieved nothing after voluntary opening garage and pulling out the car for the tow truck driver.
- there is a co-signer that is her soon to be ex mother in law (She is going through a divorce)
- Has never been late on payments for the G6 until this point with about 3,000 left on a 10,0000 orginal loan.
- She does not want car back (many many mechanical problems recently that would cost more to fix the car then what is owed)
- She has been approved for a loan for another car but they need to close the account at the bank in order to process the sale of the new car.

To my knowledge I know that the bank has to notify her of whatever way they want to dispose of the vechile but is there mandated times that they must process the repossession? Thank you for any assistance anyone can provide.


Notification After Repossession