lundi 31 juillet 2017

Rental Agreements: Forner Boyfriend Forged My Signature on Rental Agreement

My question involves landlord-tenant law in the State of: California
I moved out of rental apartment after my boyfriend kicked me out of our apartment. I have not lived in the apartment in over a year. He has had multiple roommates since I have moved out of the apartment. I recently found out that my name is still on the lease due the apartment complex calling me cause they could not get ahold of my former boyfriend. The new lease was renewed 1/1/17 of this year. I moved out in April of 2016 with lease was up in October 2016. He forged my signuture on the lease if you call it a signature (printed names only no actual signatures on the rental agreement). The apartment complex let him take home the lease agreement to sign. He has since sublet the apartment and moved out all together. My question is am I liable for any damages or rent on the rental unit since I have not lived in the unit for over a year and I did not sign the rental agreement. I also have a text message saying that he signed my name to the rental agreement. The apartment complex will also not release me from the rental agreement even though I never signed the new rental agreement until he can show proof of income of 2x the rent even though there is nothing in any of the documents that says tenants must show proof of income to 2x rental amount, there response was it doesn't have to say that anywhere in douments that was signed. All I want is to be released from the rental agreement and not be responsible for anything associated with the apartment since I have not lived there in over year. What are my options. I Need Help. Thanks.


Rental Agreements: Forner Boyfriend Forged My Signature on Rental Agreement

Medical Malpractice: Misdiagnosed While Having Inguinal Hernia

My question involves malpractice in the state of: Tennessee

My question involves malpractice in the state of: Tennessee

Do I have a case to sue for being misdiagnosed? Toward end of January 2017, I went to the ER cause I had urine retention pain and discomfort. There I was told my urine came back normal, and I probably had prostatitis. I was given two weeks of antibiotics. Two weeks later same problem with the same pain. I made appointment for urologist.

Urologist did urine test,ultra sound and the so called digital exam. Urine normal, ultrasound showed my bladder didn't empty, had 5 oz of urine left. Prostate was normal. I told him of the visit to ER and what they said. I let him know of a hernia surgery I had as a child. He said basically same thing that the ER doctor told me. Prostatitis and antibiotics needed little more time. Rescheduled to come back in month. Week later, I had another day where I couldn't urinate at all. I went back to the ER. It took me 7 hours just to get enough pee out for urine test. Well I once I got urine sample it was normal. So I told him about the pain, discomfort and how I can't urinate. So I get a digital exam from him. Prostate fine. So then I get told it's prostatitis again. So I get a shot of antibiotics and sent home with a scrip for a month of strong antibiotics.

I go back to urologist, urine normal, ultrasound showed I empty most of my bladder. I told him about going back to ER. Describe the pain and discomfort again. I told him that the pain is always there. That the level of pain varies. But it is constant and more of annoyance. And any time I drink something I feel like I need to urinate, pressure of a full bladder. So now he says I have pelvic floor dysfunction and makes me appointment for PT, sent me home with some flomax, rescheduled 3 month.

3 months later I still have the same problem, can't urinate without sitting down, constant pain, discomfort. Even my bowel movements have been rough. I go back to urologist, urine clean and he basically tells me nothing he can do. That I have a back problem that is causing all of this. So I asked him, if he can get me a MRI and he said he wouldn't know what to look for if he did. So I told him again of the pain, discomfort and location of it being in same area of the hernia surgery scar from when I was a kid. So he checked me for hernia again and can't fill anything. So I asked about CT scan. He say, Well I can order one if you want. I told him yes, that way it can rule out the need for urologist. So CT scan order, had to wait a month for it.

So today I get my results! Inguinal hernia. Appointment made to see a surgeon. So I'm happy to know what's wrong with me. But I'm also mad at the same time.

This started in January! 6 1/2 months give or take a few days. I have been absolutely miserable. So many days I couldn't urinate at all. When I can, I have to sit down on the toilet for long periods of time just to urinate. Pain worsen every time I drink something. My sex life has been pretty much nonexistent. Days I have though of taking my own life. I have idiopathic hypersomnia, insomnia, sleep apnea, and major depression. So my health has been crap for good while, then the start of this year, I get this problem to add on my list. Which has been the topping of the cake. If you haven't had urine retention, I can tell you it's no picnic.

So all these months ER gets it wrong twice, urologist gets it wrong, and all it took to find the problem was a 10 min CT scan that should have been done months ago. Urologist specializes in this type of problem, had I not asked for a scan on my last visit, my impression was he was done, you got back problem and need see a specialist for your back.

So anyway, thats the story. Do you think I have a case for malpractice for pain and suffering I have dealt with this year cause of the urologist neglecting to do a CT scan, after all the repeated times of my pain and discomfort?


Medical Malpractice: Misdiagnosed While Having Inguinal Hernia

I Met Someboy and I Think He Took a Picture of Me Naked Could I Report the Police

My question involves an injury that occurred in the state of: i met someboy a couple month ago and he aksed me that he want me show my naked on Face Time and i heard the click sound like take a screen shot during FaceTime. but i was not sure and i was meeting him. but now i broke up. i know i was stupid but i'm afraid that he will send my picture to other site or his friends.

He is not American, and only i know his number, where he work, where he study.
and I wanted to ask him, but he does not meet me anymore.

i think he took a picture of me naked, but i'm not sure, could I report the police for checking my photo on his phone?

What can i do?
and we live in NY. We both aren't citizen. He has student visa.


I Met Someboy and I Think He Took a Picture of Me Naked Could I Report the Police

Rental Agreements: Can My Roommate Sue Me if Im Not on the Lease

My question involves landlord-tenant law in the State of Oregon.
So basically my friend and I got a place together. I am not on the lease it is him and his dad. We didn't workout as roommates so I decided it would be best to leave. And they agreed. However, his father paid to move in cost, firsts months rent, deposit, etc. We talked about me paying him back. There was no time table given or the amount that I was supposed to pay back. In others words, there was no solidified agreement on the terms. The only thing I agree to was paying half the bills, Which I did. We lasted two months. One month's rent was covered in the move in cost because the landlord required the first-month rent to move in. I paid my half of the second month's rent. About midway through the second month, we decided it would be best to part ways. I was promptly moved out on the 28th of the second month. My roommate is now threating to sue me for half the move in cost. Which is roighly 2,000, again the price I was to owe was never discussed. Also, they will receive a huge chunk if not all that money back at the end of the lease when they get their deposits back. I was just curious if that has any ground to stand in court?


Rental Agreements: Can My Roommate Sue Me if Im Not on the Lease

Speeding Tickets: Wa State LIDAR Snohomish County Speeding Infraction

My question involves a traffic ticket from the state of: WASHINGTON, COUNTY OF SNOHOMISH

Hello, I received discovery from the prosecutor and am seeking the community's help in creating a defense. I search similar cases and have followed the discovery process outlined by the senior members of the forums. I do see that the online WSP certificate shows that there could be a valid certificate. I am not sure if the court has it yet but will mosey on over there shortly to find out.

I do have a waiver available and can use that but just wanted to see if this discovery response is ironclad? Appreciate a little help from my friends :friendly_wink:


Discovery Response: http://ift.tt/2vhftDa
Discovery Request: http://ift.tt/2vhnbgJ


Speeding Tickets: Wa State LIDAR Snohomish County Speeding Infraction

Custody and Visitation Issues: Ex Living with Felon on Parole. What Are My Options

My question involves a child custody case from the State of: Kansas.
My ex wife recently moved in with her boyfriend who is on parole for aggravated battery/bodily harm. She introduced my 12 and 15 yr old kids to him last night without my permission. Do I have any options to keep my kids from seeing him? They don't want to but she keeps pushing it.

Divorce was final last december and they live with me. She only has them 12-14 hours a week, no overnight.


Custody and Visitation Issues: Ex Living with Felon on Parole. What Are My Options

Retail Fraud / Shoplifting: I'm Pretty Sure I Got Caught Shop Lifting

My question involves criminal law for the state of: Texas

Hi I shop lifted today for a amount of 140$ and am sure I was caught on camera and possible my car plate was written down. This would be my first offense. I'm wondering what would my charge be? What is the likely hood I would go to jail? Also what is the cost of a criminal defense lawyer on a case like this?

Thank you for your time.


Retail Fraud / Shoplifting: I'm Pretty Sure I Got Caught Shop Lifting

Drug Possession: Charged With Drug Possession After an Impaired Driving Arrest

My question involves criminal law for the state of: Ohio

Heres my situation -

I was pulled over "for crossing the mid lane" after being at the bar. Cop asked if I had been drinking and I told him yes. He told me he could either conduct a breathalyzer on me or I could do a field sobriety test. I went for the FST because I thought i'd fail the blow test. I thought I did everything perfectly but I was still booked for driving while impaired. I had a backpack on me that contained very small quantities of various drugs/paraphernalia. Of course at the station they decided to look through it and charged me with many crimes.

It was in a small municipality so they sent me to county jail. When I was initially arrested I was facing an OVI, paraphernalia, and a few other traffic violations.

At the time of arrest they took my license and said my license would be suspended for refusing the breathalyzer - despite them doing that test at the station and I blew a .05. However, I ultimately was only indicted on the felonies and 1st deg misdemeanor and am now in a diversion program since this is my first offense.

So my actual question is this: Have all those other charges like the OVI been thrown out or what? Because a week later I was able to go to the BMV and get a replacement license no problem. Then I get pulled over yesterday and apparently my license is suspended and have to go to court next week for driving with a suspended license... And on the ticket the box with the chemical tests (breath, urine, blood, refuse) none are checked and they didn't fill out the section for BAC. How can I be charged for this?

This is just a very confusing situation and I would like anyones input on it. Thanks!


Drug Possession: Charged With Drug Possession After an Impaired Driving Arrest

Establishing an Order: Child Support Establishment After Moving to Another State

My question involves a child custody case from the State of: if the kids was born in Tennessee can some move to California and take out child support or do they have to come back to Tennessee.


Establishing an Order: Child Support Establishment After Moving to Another State

Pretrial Procedure: How to Conduct Discovery for a California Fish and Wildlife Citation

A California game warden cited me for an infraction and the fine is well over 2k. I appeared for the court date noted in the ticket where I was given the option of pleading. I plead not guilty so now I have an actual court date in traffic court in Marin County. It seems they put together traffic infractions with other infractions, such as the one CA Fish and Wildlife cited me for.

A few days after the court date was set, the citing officer changed it. I have one change of my own to make, if I so choose.

However, this is more in terms of the discovery request.
I have emailed CA Fish and Wildlife, to no avail. They asked me to contact the Marin DA, who is in turn, telling me to contact the Marin Superior Court. Marin Superior Court is telling me to contact the issuing agency, CA Fish and Wildlife. So, I am in this roundabout dance with no visible exit...

If anyone can render some help, it would be greatly appreciated.


Pretrial Procedure: How to Conduct Discovery for a California Fish and Wildlife Citation

Slander: What to Do if You Are Being Sued for Slander

My question involves defamation in the state of: Washington

Long story short, a guy started at my job a few months back, a rarity in a gaggle of young women. He ended up getting with and having sex with two female coworkers and drama has ensued ever since. I somehow stupidly got myself involved because I was talking to coworker #1 who kept complaining about feeling nauseated and sick one day and left while I was helping her to go throw up. I simply asked her if she could be pregnant and she said maybe, it was a possibility, she said the only one she had been with was the coworker and I asked if she's making sure she's being smart using protection with him and she said no. I don't know why I had the notion to tell the other girl who I was good coworkers with, I shouldn't have because she blew up at coworker #1 and began harassing her and our boss is now involved and we're all facing disciplinary action ...anyway, I've been told coworker #1 is planning on suing for slander and opening cases against all of us involved. I know what I did was wrong, that's not what I'm here for. I know she likely has a case against me, therefore I'm just wondering how being sued is going to work. I'm a month shy of 21, young and dumb, I will possibly get fired for this and yes, I have learned my lesson and I will remember this incident for the rest of my life:nightmare::nightmare::nightmare:


Slander: What to Do if You Are Being Sued for Slander

Theft and Larceny: Can You Be Charged With Theft of an Item Taken By a House Guest

My question involves criminal law for the state of:

I live in VA. I was recently contacted by an online retailer that specialize in custom computers. I had recently done business with them and received my computer after it was sent back in for repairs. This was approx. 1 1/2 months ago. They recently sent me an email claiming that their records indicate that they have incorrectly fedexed me someone else computer after it was repaired. They indicate that it was sent to my address and signed for. I have not signed for any package other than mine. They have yet to tell me when their records indicate it was delivered and signed for. I have been traveling a lot in the last 2 months, and believe it may have been received by a person i was renting a room to via a verbal contract. When i got back from a weekend trip recently, i kicked them out due to the condition of my home. My concern is if this person signed for the package and took it, am or can i be held liable for the missing computer? If they were to push the matter could they "prove" that i somehow am the culprit even though i don't have it in my possession nor did i sign for it? I'm just trying to figure out how i can protect myself and my family from any type of legal action be it civil or criminal.

To clarify all i know about the person i rented the room to their name and a number they gave me that apparently inst theirs, when i tried to call them. They paid in cash. I understand it was a poor decision to allow someone to rent a room with more personal info or really knowing them first. so please withhold judgment and comments on the level of stupidity that took, i am now the wise for it.


Theft and Larceny: Can You Be Charged With Theft of an Item Taken By a House Guest

Disorderly Conduct: Possible to Ask for Leniency Directly with the Da

My question involves criminal law for the state of: California

Hi long story short, I had a night out with the guys on a yearly trip to Big Bear and got a 647(f) walking home from the bar. I admit I deserved and thankfully I did not hurt myself anyone or resist arrest. I landed a 16hr stay at the sheriffs office and now have a court hearing in a month for 647(f).

I am getting counseling from a substance abuse counselor and def want to make things right. This is my first offense and do not plan on making this mistake ever again. However a misdemeanor charge is going to hurt me professionally because it can affect my chances of gaining employment should I want to move to another job. I just want to get this past me.

I read a few stories on forums such as this and found conflicting responses and found this forum to be a bit more popular so I was hoping to try my question here.

In a few posts on other legal forums an offender was advised to speak to the DA the morning he or she was arraigned to see about leniency. However, I see other posts with similar questions get shutdown immediately by other attorneys saying its a mistake do such a thing and that you WILL incriminate yourself.

So ill ask it here.....Is there anyway I can ask for leniency from the DA before the court date or before my actual arraignment time? What are my chances of turning this into an infraction? Does my counseling count (should I bring it up) and will it help me? This is all new to me so Im thankful for any assistance I can get and hope I conveyed this properly. I understand if the DA and I do not come to an agreement, I should say 'not guilty' and request time to talk to an attorney.....what if they do agree to leniency? How do I plea then? Is that considered still guilty?


Disorderly Conduct: Possible to Ask for Leniency Directly with the Da

Business Ownership: What New Business Arragement Should I Ask for

My question involves business law in the state of: Utah.

There is a small corporation that cleans things. It has one cleaning plant, and several store fronts. I got a job at one of the stores. My starting wage was hourly, then salry. My co-worker left, so I was the only worker, my hours increased.

The economy was poor, and so was business. The president was late paying for business license, and was charged a late fee. He chose to not pay for the license or the fee. He wanted to relinquish his business ownership of that store, so he gave it to me. I made the store legal. That included paying for a license, getting a fire extinguisher, making and posting an address sign, filling out forms.

The president transfered to me the business license for that store. A short contract was signed by the president and I. It says I am a sub-contractor, and get a percentage of the gross income. But it was rejected by the government licensing agency. A more detailed replacement contract was drafted, but I did not sign it. Somehow, the government sent a business license to me. After that, a detailed business partnership was never spelled out, or even discussed. He did not like to communicate much, and left everything to me. He often did not respond to messages. I was not allowed to give out his telephone number.

My job description increased slightly, to handle tax and license and such. I continued to get salry at the agreed percentage. I paid sales tax, he reimbursed me for that. I replaced the fixtures as needed, at my expense. He said the store smelled bad, but he did not give me permission to remove the old carpet. After arguing, he gave me permission, and I did.

The president died, and now his estate is going through the books. The estaste seems suprised that I own the store. Strange, I am now told that the president also paid sales tax.

Reciently, I was injured at work, and had to take a day off. One hundred dollars was deducted from my next paycheck.

I am now told that the corporation will pay sales tax, not me. And I am always told that the corporation wishes me to increase sales. I suspect they still want to close the store.

I fear that my health can not handle increased sales. And I can not afford to hire help. What is my status? Employee, contractor, business partner? How am I treated? What new business arragement should I ask for? Am I entitled to back pay?


Business Ownership: What New Business Arragement Should I Ask for

Custody and Visitation Issues: Out of State/Country Rules and Permission

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

My son is with his dad this half of summer. In our agreement, we have that he needs to notify me when they are taking him out of state. We have a joint online calendar where we post activities/appointments/etc.

I knew they were going to go on vacation this summer at some point, but didn't know when. I sent an email asking, but there comment was that our order never stated when they had to tell me they were leaving the state. So, they waited the day before and posted on our calendar that they are out of state for 10 days. Didn't notify me where or anything.

My son told me they were going on a plane. He contacted me when they landed and told me they were going on a 5 day cruise. I wasn't notified of any of this. I'm assuming where they are, this cruise is going out of the country. Doesn't he have to get my permission to take him on a plane or out of the country? The out of state part doesn't bother me, it would be nice to know where exactly; but not knowing he was going on a cruise has me livid and I want to know what my rights are at this point in time and what I should do.


Custody and Visitation Issues: Out of State/Country Rules and Permission

Future Employment Prospects

I left job and went to mental institute to see psych doctor as sibling forced to get checked. Never seen or had issues before.not hospitalized. The hospital asked to sign all kinds of documents. I am worried if this will impact my future jobs. Can some one share your thoughts. I am actually in grief and just believing people.


Future Employment Prospects

Green Card

I am go holder. Lost job and due to pressure from siblings in family I went to mental hospital to see a psychiatrist and not normal psych doctor. Not admitted to hospital but went and came. They asked me to sign documents. Screwed myself . Will this impact my green card or future citizenship or my career. Plzzz help.


Green Card

California EDD Payback After Settlement

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

I am in the process of negotiations with my ex-employer (I do have an attorney). Is it possible to payback EDD the money they have paid me while being unemployed? The reason I ask, there are currently talks of me going back to my old job (the people that fired me). I asked for lost wages and attorney's fees to be paid. There are a couple clauses I suggested to make sure they won't wrongfully fire me but at the same time, I would like my EDD funds replaced (by myself) in case I am wrongfully fired again. My EDD has ran out of money.

Curious if anyone has ever paid back EDD incase they needed the money in the future.


California EDD Payback After Settlement

Life Estates: Lifr Right to Receive Rent

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

My father passed away and in his will he gave life rights to receive rent from his real estate to his widow with the stipulation that she maintain the property including paying taxes and insurance. I am to full owner of his properties at her death.

My question is, does her "power of attorney" have the right to tell me when and what I have to remove from a rental property and do I have the right to oversee who the property is rented to and what the terms of the rental agreement are?

Also, do I have the right to oversee any improvements or changes made to the property?


Life Estates: Lifr Right to Receive Rent

Driver's License Issues: Expired Drivers Liscense

My question involves a driver's license issued by the State of: COLORADO. It expired in June. I now live in Alabama. I have UNPAID traffic tickets in BOTH states. I lost my SS card and need an ID in order to get a new SS Card but I need a SS card to get an ID from the Alabama DVM. Catch 22! What do I do? Can I surrender my expired and suspended CO ID to get an AL NON DRIVER ID?


Driver's License Issues: Expired Drivers Liscense

Medical Issues: Work Duties That Have Resulted in My Ptsd and Anxiety Disorder

My question involves labor and employment law for the state of: Arkansas, Oklahoma, Kansas.

For many years I have worked for my family under the idea that it was all family business. Today my father has made millions of dollars with interests in rental property, farming and various other investments. My father is a trust attorney and has some very sizable trusts he manages and is personal trustee on. (Not a bank or other institutions, they have made him personal trustee) my father is highly aggressive and driven and has used not only these trusts to his personal benefit but has used his children as pawns in his dealings as well. My siblings and I suffered abusive childhoods however I don't believe that holds any standing at this point since I am now 46 years old. However, since childhood, my father continued to put me in compromising situations, some that were life threatening to myself and others that I was ordered to do harm to. Today, with his millions he has to work with and charitable lead foundations, he makes considerable contributions, that in turn win favor with many state and local officials. Because I left due to the traumatic stress and fear, he uses his resources even to this day to continue to harass me. I have been diagnosed with ptsd and anxiety disorder just recently. I am now just stuck at home and unable to work or function socially.


Medical Issues: Work Duties That Have Resulted in My Ptsd and Anxiety Disorder

Driver's License Issues: Expired Drivers Liscense

My question involves a driver's license issued by the State of: COLORADO. It expired in June. I now live in Alabama. I have UNPAID traffic tickets in BOTH states. I lost my SS card and need an ID in order to get a new SS Card but I need a SS card to get an ID from the Alabama DVM. Catch 22! What do I do? Can I surrender my expired and suspended CO ID to get an AL NON DRIVER ID?


Driver's License Issues: Expired Drivers Liscense

Title Ownership: Ownership Rights

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

I am the primary owner listed on the title of a vehicle, I am also the only one on the registration I have had the vehicle in my possession for the last year and a half and carried Insurance on it. There was a title loan taken out on the vehicle by the secondary person on the title. For the last year and a half I have been making the payments on this title loan even though I am not on the loan itself. I missed a couple payments and the other title owner came and took the car from my possession. There were police involved that I called and she called because she was screaming and causing a scene. The police officer that was called to the scene told me that I did not have to give her the car as I am the primary owner and had the documentation to prove so. Due to me not being on the loan I thought it was best to give her the vehicle. I later called both the Credit Union where the loan is through as well as the DMV and they both told me that I did not need to give the other party my car. And the Credit Union stated that even though I am not on the loan there is proof that I make the payments and own this vehicle and that I have nothing to do with the loan. I am now having issues getting the car back as the other party has refused to give it back to me. I would like to know what my rights are. Do I have the right to go to her residence with a police officer and take possession of my car.


Title Ownership: Ownership Rights

Trespassing: Destruction of Posted Land

My question involves criminal law for the state of: Florida: I purchased 1 1/4 acres to build a home on 3 months and I have placed No Trespassing signs on the property. Next to my property is a developer who has only one last house to build but that house is land locked. He already poured the cement drive to that location so to access the property this site the construction vehicles must cross my property and the back of two completed homes in his development. He contacted them to get access and got written authorization from them, but did not contact me. I went out there last week and found where they have set up a black protective screening from the road all the way to the site and a big sign directing trucks to head over my property to their construction site. Due to rain nothing was happening that day, but the ruts on my land are there, they had been driving over my property for awhile.

All they had to do was go to the county records (online) and get my name and address to find out who to contact, but I was not part of there development, so who cares. I finally spoke with someone and he said he would have his boss call to apologize, that was 7 days ago.

What is my recourse against this developer?


Trespassing: Destruction of Posted Land

Speeding Tickets: Speeding Ticket for 38 MPH in a 25 MPH Zone in New York City

My question involves a traffic ticket from the state of: New York
Hello, I just got a speeding ticket for going 38 mph in a 25 mph zone in New York City in the Bronx. I am wondering if I should fight it or just plead guilty and pay the charges? I have never gotten a speeding ticket before and my record is clean - first time getting a speeding ticket. There were no other cars near me driving and I was the only car on the road at the time, and I see that there is already another car pulled over to the side and 2 officers outside with radars in their hands directing me to pull over outside. These 2 officers were there with a sole purpose of just pulling cars over for going over the speed limit because for the amount of time that I was pulled over waiting, about 3 other cars were also pulled over as well by an officer directing him/her to pull over. What is my best option, and what are the pros and cons of pleading guilty or not guilty? I've never done this before so any sort of advice would help! Thanks.


Speeding Tickets: Speeding Ticket for 38 MPH in a 25 MPH Zone in New York City

Traffic Lights, Signs and Controls: Wife's Red Light Camera Ticket Dismissed but Citation Sent to Husband

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

My wife received a red light camera ticket in March in Ventura. She was not the person driving her car so we sent a TBWD and it was dismissed since the driver was clearly a different gender. Yesterday in the mail I received the citation and courtesy notice that they are citing me for the violation (same photos, same citation number but with "A" at the end). So, the camera company or whomever arbitrarily cited me for the violation?

I am not on her vehicle registration, loan, or insurance. Her last name is different from mine as well. We have different mailing addresses as well. How can they arbitrarily "reassign" the violation to me without IDing me or any other legal methods? What is the best approach to fight this via TBWD? I don't feel like this is legal because how could they associate me as the driver of the car that I have no connection to? There was never contact with a law enforcement officer either. Just some desk jockey at the camera company in Arizona.

Thanks in advance for any insight as to the best defense for this.


Traffic Lights, Signs and Controls: Wife's Red Light Camera Ticket Dismissed but Citation Sent to Husband

Car Accident

I were involved in a wreck while driving with suspended license, it wasn't my fault but the car and insurance is in someone else name. Can I file a claim on the other person insurance for my injuries. The other person admitted to be in the wrong. What can I do?


Car Accident

Can I Apply for UI After FMLA Expires and I Quit

My question involves labor and employment law for the state of: SC. Here's a tricky one. I've been on Fmla for over 12 weeks. With the doctors advice along with my employer verifying that I cannot return to work because of my back condition.
Fmla expires in one week my job was a cook and is very physical. I cannot return because my job does not have any * light duties*. So my plan is to apply for unemployment.
.I understand I can qualify if u quit due to health conditions and that job will aggravate my issue.
On the other hand another qualification required to collect unemployment is you must be physically able to job seek.
My situation is this , yes I can job seek but for a different career that doesn't involve hard labor. So how would I apply under that double sworded issue ? Also when can I apply ?..now ?..or when my fmla expires ?


Can I Apply for UI After FMLA Expires and I Quit

Supervisors: How Much Info Can a Boss Disclose to Coworkers

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

I was suspended Friday by my direct boss, once informed of the situation the VP of sales reversed his decision. I left work Friday with pay (took vacation day). Once I left the boss that "suspended me" disclosed to other salesmen that he had suspended me without pay for 2 days. Is that legal in california to disclose something like that to co-workers? Especially since I wasn't suspended like he "thought" I was.

I'm caught in between a power struggle with upper management is what the deal is. I'm trying to decide weather or not I should go to my HR department?


Supervisors: How Much Info Can a Boss Disclose to Coworkers

Driver's License Reinstatement No License to Surrender Did Suspension Start

My question involves a driver's license issued by the State of: Georgia.... I was givin 6months suspension notice mailed to my house on February 27th 2017 asking me to surrender my "limited driving permit"... im not sure what that is but I don't have a license just an ID card so I didn't surrender anything! After checking online my license is suspended but I know it should be able to be reinstated soon because it's almost been 6 months I'm just wondering if that wouldn't be the case because I never surrenderd anything!? Any help appreciated thank you!


Driver's License Reinstatement No License to Surrender Did Suspension Start

Criminal Investigations: Is It Illegal to Play Basketball with a Teenager if You're Friends with His Parents

Is it illegal to play basketball with a teenager if you're friends with his parent's. I play basketball every week with this kid and his dad. I've known them for three years. They are really good friends of mine.


Criminal Investigations: Is It Illegal to Play Basketball with a Teenager if You're Friends with His Parents

dimanche 30 juillet 2017

Starting a Business: Does C-Corp Need to Be in Nevada if Its Lone Officer Resides in Nevada

My question involves business law in the state of: Nevada, California

I would like to form a c-corp, with the lone principal/officer residing in Nevada. The c-corp would not have an office in Nevada but have offices in California and New York and conduct business nationally.

Can I only file the business to be in Nevada, and if not, is there any upside or downside besides tax to be in California?

Thank you.


Starting a Business: Does C-Corp Need to Be in Nevada if Its Lone Officer Resides in Nevada

Phone Harassment After Sending Somebody a Text by Mistake

My question involves criminal law for the state of: pa or va

Hello, I have a question involving telephone harassment.

I was texting someone the other night and I accidentally texted someone in my directory a four word text. They responded but I was embarrassed so I did not respond. I figured I'd just drop it. The text I sent was not profane, lewd or rude. It was intended for someone else.

Later that evening I received a barrage of phone calls from midnight to 7am, upwards of 70+ calls from a Virginia phone number I did not recognize. This person also left 5 inaudible voicemails on my phone. 70+ calls from midnight to 7am!!!

I texted the person the next day and he or she was like "bring it on, you harassed my girlfriend" as a justification for call me all through the night. I'm not 100% who he or she is referring to because he or she would not identify themselves.

I would like to report this to someone but I'm not sure who. I have a record of all of the calls, as well as all of the voicemails. How should I proceed? I have a feeling this person is some kind of crazy or whatever - who calls someone 70+ times in one night, all through the night? Did they commit a crime and if so, what can I do about it? Thanks.


Phone Harassment After Sending Somebody a Text by Mistake

Service of Process: Can I Have Court Orders Vacated Due to No Service of Process

My question involves court procedures for the state of: North Carolina

My question involves court procedures for the state of: North Carolina

First I should say that I am a resident of Florida, though my case is a NC case. I am involved in a custody modification proceeding initiated by my Ex for changes she made in the lives of our children since our divorce (School, address relocation, etc.). I was properly served and appeared in August 2016 to the custody modification hearing. I also filed a response and additionally filed my own show cause motion for violations to our previous child custody agreement.

At the conclusion of the hearing in August the judge issued a temporary order and held an advisory hearing for my Ex regarding my motion to show cause, also appointing counsel to my Ex. The Show Cause was set for Nov 15, 2016. During this process and between temporary orders, my hearing for show cause and the like, her attorney filed 2 other motions in the days following the hearing in August. 1 motion for me to pay his fees and another to reallocate dependency exemptions for an agreement made during the divorce 4 years ago. He set these on the calendar for the same date as my show cause motion, Nov 15, 2016.

I was never served a summons, but I did have email exchanges briefly with my Ex's attorneys (2 separate, 1 for show cause and the other for his fees) discussing the potential to drop my show cause if my Ex would drop her claim for fees. Keep in mind I still had not been served a summons but was informed verbal through the email conversations that he had filed these motions.

I did not appear for my show cause as I was unable to afford the trip and was unable to get time off from work. My Ex was however technically found in contempt for her actions based on the previous court record and testimony (Modification hearing in August 2016). In addition, the other motions went forward and I was ordered to pay her attorney's fees and the re-allocation of exemptions was granted.

My question: Since NC Law requires that I be served and that proof of service be filed with the affidavit, can I ask that these orders be vacated and all subsequent orders? Rule 60b(4) Void Order? There is a verification affidavit in the court file but no proof was filed... delivery confirmation, return receipt, certified, etc. - nothing; and I received nothing.

Later, after the first of the year (March I think) I filed a motion to vacate and we went before a different judge. She denied my motion to vacate citing that she believed I knew about the hearing and the new actions against me??? This judge and I have negative history... Just because I knew from conversation, shouldn't the rules of civil procedure be honored as I never received a summons? I have follow-up questions but will leave it here for now.


Service of Process: Can I Have Court Orders Vacated Due to No Service of Process

Online Services: Can a Ebay Buyer Sue an Ebay Seller After a Couple of Years

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

A friend of mine(the seller) received an email from a buyer they've had about 3 or 4 years ago. Both ebay account and paypal account has been suspended indefinitely shortly after this sale due to other reasons not related to the sale. The buyer said that they have tried to resell the item on ebay but ebay took it down and now they are threatening to sue if seller will not settle it privately for the full amount that they have bought it for originally. The item is a bag and according to the buyer they think it was a counterfeit and this is why ebay took it down. The seller got the bag as a gift and sold it due to financial needs and also had it verified with an online authentication services prior to posting it for sale. As for ebay taking it down, seller knows that Ebay has their own team in regards to fake bags and they have their own rules and regulations in determining fake bags and so whether an item is real or fake, if this team deems it fake it will be taken down and this is probably why the bag was taken down regardless of its authenticity. So after this couple of years, is there a basis that the buyer can sue the seller and on what grounds? ebay return policy has exceeded its terms and seller refuses to pay because they think it is a scam as well as the terms and conditions of the sale is way past due and there are no pictures or evidence if the bag is still in the exact condition as it was when it was first bought. Take note, bag was brand new complete with accessories and the original receipt. The buyer is from Tennessee and seller is from California.


Online Services: Can a Ebay Buyer Sue an Ebay Seller After a Couple of Years

Traffic Accidents: Left Turn into Gas Station Clipped by Someone Turning Right

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

I was attempting to turn left from a 4 lane road into a gas station. Another car was positioned on the left side (his left as he exited) of the gas station exit, and appeared to trying to turn left into the lane I was in. Traffic in front of me was stopped. I left room for him to get in front of me. He started to pull straight out into the road as if he was going to turn left into my lane. So I went ahead and made my left turn into the gas station, using the left side (my left as I entered) of the entrance, since he was using the other side to exit. As I entered the gas station lot, he apparently decided he didn't want to wait on the stopped traffic and made a last minute right turn. As he did so, he clipped the back corner of my car with the right forward panel and passenger door of his car. Now he claims he is injured and that I hit him. Who is at fault?


Traffic Accidents: Left Turn into Gas Station Clipped by Someone Turning Right

Expenses: Florida Law Regarding Uninsured Medical Expenses

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

Are there any laws in Florida that stipulate who is responsible for the payment of uninsured medical expenses (such as deductibles, co-insurance, etc), or how this responsibility is to be split (for example, each parent pays 50%)?

Thank you.


Expenses: Florida Law Regarding Uninsured Medical Expenses

Regulations and Procedures: State of California Housing and Community Developement Coming Again

I had damage done to my mobile home last winter from a leaky roof. And my bad roomie ratted me out to the HCD. So the man came and took a lot of pictures and sent it to me. I asked for a conference, and an agent is coming tomorrow. Many stupid things were mentioned, like unshieded romex cable in the shop for lighting and picture windows that are supposed to open? What?

I am going to have my roof repaired soon as my buddy is disabled at the moment from an arm injury. I am askng the agent for more time to do repairs. This is an old moblle home in a Senior Park, and I have a limited income of $ 915/mo.and have disabilities myself. I have started painting over water stains, and fixed a damaged ceiling panel.

The inspector could RED TAG the room where roomie sleeps, where most of the damage is, and wouldn't he order him to vacate in that case? The roomer has had at least 7 30 day notices by now, and has NOT PAID RENT in over 3 months!The roomie is renting the room, and not the house, although he has kitchen priveleges, and uses the bathroom in the house.

In no way will I let him squat inside my house! A recent 60 day notice was served him and I may file another UD(unlawfull detainer) against him. He had filed an answer to my last UD, claiming "habitability issues" and damage to his furniture, which is nothing but junk partical board junk.

Or, could I file a restraining order on him?He harrasses me and yells at me, and pulls dirty little tricks, like hiding my valuables and hacking my computer, etc.


Regulations and Procedures: State of California Housing and Community Developement Coming Again

Appeals: Procedures for Appealing to Correct a Ticket Error- Where Can I Find This

My question involves a traffic ticket from the state of: CA, county of Santa Cruz

I got a ticket for failure to stop at a stop sign. I went to arraignment, and scheduled the court date five months later.
The CHP wrote the wrong location on the ticket (not a typo), yet failed to appeal to amend the ticket prior to the trial, and I received no notification prior to a change regarding the ticket.
During the beginning of the trial, the CHP appealed for a correction of the ticket. The judge was going to accept his appeal, yet I cannot see how this is legally acceptable after looking at the time to appeal code. I was issued a continuance of the trial due to this, and the appeal has not been accepted yet.

I need information regarding legal code to object this untimely appeal. I need some kind of code regarding ticket amendments, or something that can support my case. I have heard that amendments to tickets can only be made before the arraignment date.

Any help is greatly appreciated!


Appeals: Procedures for Appealing to Correct a Ticket Error- Where Can I Find This

Speeding Tickets: What Are My Options After Getting Two Speeding Tickets

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

Hello all. I currently have two speeding tickets, both of which I have not gone to court for. I got one ticket for going 105 (which is what the officer wrote down) in a 70 and another going ">90" in a 65. They happened a few months after each other. How should I go about tackling this problem? Hire a lawyer? Try to fight it on my own? Timing is also bad because I am moving out of the state, so I would have to come back for court.

Thanks in advance for any help.


Speeding Tickets: What Are My Options After Getting Two Speeding Tickets

Worthy of a Harassment Charge?

My question involves criminal law for the state of: virginia

I'm 19, and my friend is 16. We have been playing a game online for over a year and a friend of mine basically stole that years worth of work. He blocked both of us, even on Facebook. We decided to message a friend of his on Facebook asking if they can help us get in touch with him. Now he says he has filed harassment charges on both of us and "check the mail". How serious is this and can I beat this in court? We were never rude, we never threatened, and never meant to be of any anoyance.


Worthy of a Harassment Charge?

Arrest Warrants: Out-of-State Arrest Warrant Issued After Missing a Court Date

My question involves criminal law for the state of: Kentucky

Hello,

Last summer I was arrested in Kentucky. I live in Arizona and had to fly out on two occasions in order to attend court dates in Kentucky.
On both occasions, the matter was not resolved and I was told I would be given another date to appear for a third time. Over the course of three months I contacted the courthouse multiples times, and thus have been displaying that I am trying to work with them to resolve this, and am not avoiding the issue. My court appointed attorney who I was originally working with at some point discontinued his services at this particular court, and so I was informed that I would be appointed a new one. I never received contact from the court or police department regarding a new court date, neither in the form of a letter nor a phone call. Nor was I ever contacted with any information on a newly appointed attorney.

Just today I received a call from somebody in Kentucky that I had been living with for the summer when the incident occurred. I was informed that police have showed up twice at the residence asking for information about me and/or my whereabouts. The words they used were apparently, "He's in big trouble." I have also received the news that I have a warrant out for my arrest.

I am kind of shaken about this, as I have made efforts to have this resolved and never received any updates on court dates, etc.

Can anybody share some wisdom on this matter? An opinion on the situation and what may come of this? Could a warrant in Kentucky be grounds for extradition from Arizona? If I contact the court and explain my situation, should I be expecting an unfavorable response considering that police are evidently extending themselves in Kentucky to locate me? I plan to contact the court first thing tomorrow morning.

Thanks in advance


Arrest Warrants: Out-of-State Arrest Warrant Issued After Missing a Court Date

Civil Rights Issues: What is a Constitutional Right

How can we define which right can be considered as a constitutional right?


Civil Rights Issues: What is a Constitutional Right

Az Midemeanor

My question involves criminal law for the state of: az
I received a paraphernalia misdemeanor yesterday after being pulled over. No other tickets or cbarges were given. I am moving to .CA this week but have a court date in a month. I have no prior record. If I miss my court date will I possibly be extradited and will it show on background checks for employment? Thanks, I just want to curl up in a ball at the moment.


Az Midemeanor

Wife Moved the Kids Out of State Under False Pretenses

My question involves a child custody case from the State of: that's the problem. We were living in Tennessee last year of which I was born in and have family ties. I accepted a mutually agreed upon job offer for a former company in which relocation was offered. During the transition I moved all of our belongings into storage in the new city and was looking to purchase a home or rental. During that time my wife took the kids to visit our families in new England( rhode island for me and new hampshire for her) during that time she was interviewing for positions s in the new city and weighing in on houses as well as planning vacations close to the new home. The day I sign a lease and she had interviewed she informed me that she was staying at her parents and wanted a seperation as well as ability to date. Come to find out she had already opened a new account, started draining our joint account, switched her license, registered the children, and took a minimum wage temp position all without discussion. At this point I don't know what steps to take since she is only allowing me to come visit and not share custody.


Wife Moved the Kids Out of State Under False Pretenses

Compensation and Overtime: Delayed Allocation of RSUs and Stock Options

Hi,

I want to inquire about legal remedy for delayed allocation of RSUs and Options that were promised in my offer letter. My offer letter stated below.

“Shortly following your start date we will petition Board to provide you with a one-time, new-hire equity award of xxx stock options and xxx restricted stock units. This particular aspect of the offer is contingent upon Board approval; the vesting schedule and price, if applicable, is established by the Board at the time the grant is approved, at a meeting after your start date.”
Somehow above was forgotten. After repeated reminders employer allocated options and RSUs 1.5 years after my joining date. That means I lost 1.5 years of vesting time which equates to ~$55K lost income. I am interested in exploring my options to go back to the employer to remedy the situation.
Any suggestions are most welcome.


Compensation and Overtime: Delayed Allocation of RSUs and Stock Options

Service of Process: Can I Motion to Vacate Judges Order and Subsequent Orde for No Proof of Service Filed

My question involves court procedures for the state of: North Carolina

First I should say that I am a resident of Florida, though my case is a NC case. I am involved in a custody modification proceeding initiated by my Ex for changes she made in the lives of our children since our divorce (School, address relocation, etc.). During the process and between temporary orders, my hearing for show cause and the like, her attorney filed 2 other motions. 1 motion for me to pay his fees and another to reallocate dependency exemptions for an agreement made during the divorce 4 years ago. He set these on the calendar for the same date as my show cause motion, Nov 15, 2016.

I was never served a summons, but I did have email exchanges briefly with my Ex's attorneys (2 separate, 1 for show cause and the other for his fees) discussing the potential to drop my show cause if my Ex would drop her claim for fees. Keep in mind I still had not been served a summons but was informed verbal through the email conversations that he had filed these motions.

I did not appear for my show cause as I was unable to afford the trip and was unable to get time off from work. My Ex was however technically found in contempt for her actions based on the previous court record and testimony (Modification hearing in August 2016). In addition, the other motions went forward and I was ordered to pay her attorney's fees and the re-allocation of exemptions was granted.

MY question: Since NC Law requires that I be served and that proof of service be filed with the affidavit, can I ask that these orders be vacated and all subsequent orders? 60b(4)? There is a verification affidavit in the court file but no proof was filed... delivery confirmation, return receipt, certified, etc. - nothing; and I received nothing.

Later, after the first of the year (March I think) I filed a motion to vacate and we went before a different judge. She denied my motion to vacate citing that she believed I knew about the hearing and the new actions against me??? This judge and I have negative history... Just because I knew from conversation, shouldn't the rules of civil procedure be honored as I never received a summons? I have follow-up questions but will leave it here for now.


Service of Process: Can I Motion to Vacate Judges Order and Subsequent Orde for No Proof of Service Filed

Suspension and Revocation: Can My Dad Get My License Back if My Mom Suspended It

My question involves a driver's license issued by the State of: Colorado.

So, I am 17 and long story short, my mom is literally insane, and I now live with my dad (not completely legal yet, but paperwork is in the process). My mom signed for my permit and my license, and so therefore she can have the dmv suspend my license whenever she wants.
She suspended it two days ago. I cannot get anywhere now. Not even to school or work.
I was wondering if my dad can get my license back for me because I dont live with my mom even though she was the one that signed for everything.
Please help, this is really urgent. :)


Suspension and Revocation: Can My Dad Get My License Back if My Mom Suspended It

Land Use and Zoning: Can a Landlord be Fined for a Tenant's Unauthorized Business Operated from the Rental

The questions involves landlord-tenant, as well as more law violations in the State of Texas, I did not have a lease agreement just verbal and tried to be nice and ask a destructive boat repair person to find another location w/60 day notice. He didn't move a thing by the end of 60 days so I increased the rent and he disappeared for 3 months, I filed late to evict him, never less took him to small claims where I was awarded the judgment for the 90 days he was not working on the property but had boats clustering the highway front lot, plus judgment did not include damaging my personal and commercial property, as well as late fees and rent increase. No payment and no location where he is? That's the next case I will file on him if I can find him:wallbang:. He tried to recover his property before the judgment and I call 911 and the city and county came and said the he was not trespassing as his property was on site? Then I received a citation for him not registering with the city to operate a business there, as well as my company. Mine was and my Father was a civil attorney that helped me with things like that before he passed. I went to speak to the DA and set the case for trial by Judge, well the city sent the docket call date to my home address and not the business address where I get all my mail and is less than a quarter mile from city hall, so you can guess I missed the court date and now have a warrant and increase in the fine. I dont receive mail at my home address, just business address as all my truck registration go there. What recourse do I have in this matter that is a nightmare come true? This is a lot of food on my plate to say the lease! HELP PLEASE


Land Use and Zoning: Can a Landlord be Fined for a Tenant's Unauthorized Business Operated from the Rental

Speeding Tickets: Looking for Defenses to a Washington State Speeding Ticket

My question involves a traffic ticket from the state of: Washington!
My hearing before the judge is this Monday the 31st of July

Hi all! I received a traffic ticket in the City of Lake Forest Park and have gone through the motions of requisition discovery (Thanks to barry for the template) and received the response. As i have seen many others do I have redacted it and posted the link to the photos here: http://ift.tt/2vVpzrn

I don't see any flaws with the officers sworn statement except for maybe when he says he preformed the tests on the LIDAR before issuing me the NOI, he doesn't say when before he preformed the tests.
But i don't see any evidence of heresy or other motions that might work to dismiss this, but I wanted to let the experts take a look at it.

A copy of the certification of the LIDAR wasn't provided, so i will be going into the court on Monday Morning to make sure they have it on file. It's my understanding if they don't have it that the case can be dismissed through a motion to suppress the speed reading evidence and then with a motion to dismiss. Is this correct?

Thanks in advance for your help,
TrafficLaw765


Speeding Tickets: Looking for Defenses to a Washington State Speeding Ticket

Cleaning and Repairs: Can I Dispute Damage Charges is It Worth It

My question involves landlord-tenant law in the State of: Washington -- Not the seattle area.

(Sorry if the monetary figures are odd, but I did not want to give exacts because it could result in me being personally identified)

The location I leased charges a non refundable cleaning fee of a couple hundred dollars. No idea if this matters, but I imagine this is often used to clean the carpet. They do not do damage deposits. (I imagine because they take more than 21 days to send out a bill)

I had a rather large burn mark on the floor of my studio apartment because a coal from the balcony rolled in under my bed and some other small ones.

The notice for damages says I owe high-hundreds of dollars for replacing the carpet because 20-odd burn marks, along small charges for things like the replacement of lightbulbs, the battery of the smoke detector (this seems odd) and a door stop. I doubt it's consequential, but the amount of actual burn marks was probably around half a dozen and only one of them was not something that couldn't have just been trimmed.

I think a patch for the large burn mark would have been fine. The carpet was definitely new when I moved in and I resided in the apartment for less than one year. It did not seem like there was any reduction for depreciation.

The landlord is corporate, so I imagine they can hire an attorney.

What can I do to make sure I am being charged a reasonable amount?

Should I just pay what I think the damages should be?

Since it's a corporation, I imagine it's all automated and I'll be sent to collections, etc. But I assume I have to actually have a judgement against me in court to have to pay something. I imagine I'd have to pay the attorney's fees for the landlord. Should I just pay everything to avoid court costs because they could be more than the amount they want? What happens if I pay say 50%, or 75% or 90% of the amount?


Cleaning and Repairs: Can I Dispute Damage Charges is It Worth It

Divorce: Divorce

My question involves a marriage in the state of:CA
I am going through a divorce but he lied about his name, age, & I don't know what else he lied about. I don't know if the divorce will go through or not? The Judge hasn't ruled on the document & it has been 8 Months since I filed. I was only married for 5 months. What should I do? What will happen?


Divorce: Divorce

samedi 29 juillet 2017

Divorce: Real Difference Between Community Property and Equitable Distribution

Hi there, I have been separated from my spouse for over 6 years now but am only now beginning to move on the divorce process. It is a little tricky because I currently live in a community property state, but am planning a move to an equitable distribution state. I would very much like to minimize any financial settlement with my (effectively) ex spouse. I am the custodial parent of our minor child and have also always been the breadwinner. My ex spouse made very little contribution to the marriage - zero financially and very little in terms of parenting/household. I always carried most of the burdens on every front (provable). The marriage ended following adultery by my ex spouse.

So it seems logical that an equitable distribution state would be the best jurisdiction for me, right? However, I hear that even in my community property state courts don't necessarily award 50/50, and that there is actually a stipulation of "just and equitable" distribution. This seems really confusing - how, then, is it actually different to an equitable property state?

Can someone explain the differences in practice?

Thanks so much!


Divorce: Real Difference Between Community Property and Equitable Distribution

Wrong Odometer Disclosure

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

I hope you can help me to understand , I leased a car , at the end of the leasing divided to buy the car (ford) went to the dealer and sold the car to me , told me do not to worry because in the papers and the odometer disclosure she typed 22000 miles instead the 37000 it have , insisted me to sign and said was not important and is just a requirement for the registration now under my name , I was very pushed to sign because was almost 9 in the night

Is this a kind of fraud ? Have I any right to dissolve the deal ? Or will affect me in the future ?? Please let me know is my first car and I feel I was kind of robed , am I wrong ??

Please let me know , God bless


Wrong Odometer Disclosure

Defamation: Appellate Court - Abuse of Discretion Ruling

A case of defamation and the United States District Court issued a preliminary injunction favoring the plaintiff. The ruling was appealed to the Appellate Court where they ruled in favor of the Defendant saying, "The district court abused its discretion in issuing the preliminary injunction."

I know this is a vague post, but wanted to ask if this "Abuse of Discretion" ruling from the Appellate Court to the District Court is normal verbiage or if it is a severe reprimand against the Federal District Court Judge?

Thanks,
Chesty


Defamation: Appellate Court - Abuse of Discretion Ruling

Parking Tickets: Can You Get a Handicapped Ticket Dismissed if Your Placard Fell Off Rear View Mirror

My question involves a traffic ticket from the state of: Washington
My permanent placket fell from mirror and I got a $450.00 ticket. I have placket and wa ID card because of being paralyzed over 6 yrs ago by doctor. Do you think the judge will lower or forgive the ticket when I explain in court.


Parking Tickets: Can You Get a Handicapped Ticket Dismissed if Your Placard Fell Off Rear View Mirror

Collection and Enforcement: Challenge Enforcement Post-Default

My question involves court procedures for the state of: Colorado

You may have seen articles about National Collegiate Student Loans. Like this ohttp://ift.tt/2uMv9fs

Apparently National Collegiate probably can't prove I owe my loans or that they are even student loans. I have a judgment and they've tried garnishing a bank account once, unsuccessfully (the balance was exempt).

I understand I can't challenge the debt itself years after judgment, but what about enforceability? If I could stop them from enforcing it, (due to their total lack of paperwork proving anything), I could have more money in my bank account which would be super.

I've found that in county court, where it is, it has to be renewed every 6 years. Their 6 years is coming up in about 2 years. Can I stop them from renewing it?

Or the next time I get something in the mail saying they tried my bank account?

Thanks to this, http://ift.tt/2uMIVid, the good news is, it does not appear to be on my credit report at all.


Collection and Enforcement: Challenge Enforcement Post-Default

Heirs and Beneficiaries: Does a Divorce Agreement Supersede a Will (in Terms of Life-Insurance Beneficiary)

My question involves estate proceedings in the state of: Utah

I want to help family members avoid tearing each other apart in a lengthy court battle. Here's the basic issue:

My father just passed away with very little, other than a life insurance policy (which has turned out to be sizable). When he and my step-mother divorced, part of the divorce agreement was that she would be the beneficiary for the policy. His will originally reflected this.

Just a few months before his death, he changed the beneficiary to my brother (just to spite her) with the insurance company. He also changed the will, giving my brother full control over the life insurance money and writing the step-mother out of it completely.

She thinks she has a claim to the life insurance money because of the divorce agreement. He thinks she has no claim because of the will. It looks like they're about to go to court over this. I'd prefer not to see my family ripped apart by a lengthy court battle, and hope some sort of compromise/mediation is possible.

Is this a case with a clear precedent (one supersedes the other), or is it likely to be a long and drawn out court battle? Thanks, I really appreciate any advice.


Heirs and Beneficiaries: Does a Divorce Agreement Supersede a Will (in Terms of Life-Insurance Beneficiary)

Assault & Battery: Beating Somebody to the Point That They're Hospitalized

My question involves criminal law for the state of: Colorado

If John and his cousin get into arguments throughout the evening at a bar, and John finally has enough of his cousin taunting him and egging him on so he punches him. The cousin is instantly knocked out and his eyes roll behind his head and John decides to stomp on his head. John leaves the bar and goes home to avoid getting arrested but the cops so show later and take him to hospital and he ends up in icu. The cousin decides to press charges. What possible charges could John be looking at?

And if this were the fourth time in his life he has landed a person in icu, the last time being 12 years ago.


Assault & Battery: Beating Somebody to the Point That They're Hospitalized

Rental Agreements: Can I Sue My Ex-Roommate for Moving Out Before the Lease Ends

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

So, my situation is that myself, my boyfriend, and my ex-roommate all decided to move into a 2 bedroom 1 bathroom apartment and all signed the lease. Our lease was a 12 month lease that started in November of 2016 and will end November 2017. My ex roommate moved out in July and does not plan on paying rent for the remainder of the lease. I did speak to my apartment complex about her moving out and asked if I could ADD someone onto the lease not removing my ex roommate from the lease still holding her liable. They did approve and we did add someone onto the lease but again not removing my ex roommate from the lease. I want to know if even though I did add another person on to the lease to help pay rent, if a judge in small claims would still take my side in suing my ex roommate for leaving before the lease was up, considering the fact that she signed a lease stating she would pay rent for the whole 12 months of the lease. If it is possible for me to win this case what evidence should I bring to the court hearing? Just for clarification I nor did my boyfriend sign anything releasing her from any responsibility of the lease.


Rental Agreements: Can I Sue My Ex-Roommate for Moving Out Before the Lease Ends

F Visas: Overstayed in America when I Was a Child

so this is the case. my parents overstayed in America in 2003 by applying for asylum.They overstayed like 2-3 months. at that time i was a child 7-8 years old i had nothing to do with this as you can see i was a minor.Then they voluntarily left America by taking back their case and came back to home country. then in 2005 they applied for me for another tourist visa which i got for 5 years from 2005 till 2010. which i did not use and got expired without use. Then in 2013 i applied again with my father for tourist visa. my father told the visa officer everything that they claimed asylum and overstayed so the visa officer did not give us visa. then in 2016 i again applied for visit visa. The visa officer at that time asked me, what happened last time when u went to America? so i didn't want to answer him what my parents had done and also i had nothing to do with it because i was a child at that time so i said, "i don't know". so he did not give me visa. So now my main question is that can i get a US study visa for US because i want to study in US, because in 2003 i was a child and had nothing to do with the asylum and overstay. so how can i get the visa , how should i explain my case to the visa officer to get a visa? because it was not my fault and i had nothing to do with this. if someone could explain this it would be really appreciated. thanks


F Visas: Overstayed in America when I Was a Child

Rent and Utilities: Room Mate Does Not Want to Pay for Half of Utilities

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

I rented an apartment with my girlfriend(1st time renter, both of us). Its a 2 BR apartment. My 2 year old daughter stays with me in my BR and roomie has her own room. She is seldom there and after 2 months of living together has decided that she should only be entitled to pay 1/3 of the electric and water because my 2 year daughter should be considered a 3rd roommate and therefore I am entitled to pay for 2/3 of all bills. This was not the verbal agreement we had going into the lease.

The electric and water are both in my name, so I feel stuck and can't afford to pay 2/3 of these bills. Any thoughts? Does her case hold water? Do I have any recourse?

Thank you


Rent and Utilities: Room Mate Does Not Want to Pay for Half of Utilities

Sex Offenses: No Longer on Sex Offender Registry

My question involves criminal law for the state of: Illinios and near by states.

I am no longer on the registry in the state of Illinois and wanting to move to another state (since IL is going to heck in a hand basket). My concern is if I move to another state, let say Iowa for example, would I have to re-register there even though I am no longer on the registery here in Illinois? Seems I read somewhere requiring me to do so would be considered Ex Post Facto but I am not sure with all the chances in the laws.


Sex Offenses: No Longer on Sex Offender Registry

Parking Permits Comfiscated Handicap Placard

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

I had a problem with a meter maid yesterday that might resonate with some of you.
I was returning my 91 yo mother to the recuperation facility where she was staying. I parked right in front at a meter. Her handicap placard was in place on the mirror. The area said preferential parking at certain hours but no other restrictions.
Wife stayed outside at the car with the dog while I was inside. maybe 5 minutes or so. She calls me to say a meter maid asked for the handicap placard, took it and said she was taking it as she thought it was a fake. When I got there I was told the same story. I told her mom was inside it was her placard and I was legally transporting her. She said she didn't believe me. She didn't ask for the handicap placard registration card which I had in the car. The ticket was on the car for parking in a residential preferred parking zone with no permit and she was gone. By taking my placard she created a reason for the ticket. I now have a lot of difficulty visiting my mother without the placard which will take 4 weeks to replace. Sure I can probably get the citation dismissed but I think more should be done about this kind of thing. Is there a means of pursuing this legally? Isnt this theft? Parking is a major issue in Santa Monica and a good source of revenue for the city.


Parking Permits Comfiscated Handicap Placard

Missing Money

My question involves personal finance in the State of: UT. My son has an account with ADP. Which is basically a credit card that all his pay goes on each payday. He authorized them to transfer funds to a separate account (America first credit union) which was under another persons name. America first sent the funds back to the original account ADP and has never appeared. ADP is a company based out of California The amount of money in question is 540.00 I have talked to ADP several times and unable to resolve this issue what can I do?


Missing Money

Roommates: Do I Have Any Legal Right to Ask My Roommate to Leave

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

I wanted to ask for your kind help.

A friend moved in to my apartment and became a roommate in April 2017.

Unfortunately, we are not getting along and, if possible, I want to ask him to leave sometime within the next 60 days (instead of 30 days so that he has enough time to find a suitable place).

The original Lease/Rental Agreement is in my name since I’ve been living there for over 20 years.

The lease is currently a month-to-month lease.

However, my roommate signed an Addendum to the Lease in April.

The Addendum states that as an “Incoming Tenant” and authorized occupant, my roommate accepts all legal obligations pursuant to the original lease/rental agreement and the addendum.

The Addendum also mentions that all legal rights pursuant to the Rental Agreement are assigned to the replacement tenant.

In light of the terms of the Addendum, do I have the right to ask my roommate to leave?

Since I have been living at the apartment for over 20 years and I’m happy there, I do not want to move out and, if possible, I want to stay at the place. So I want to see if I can ask my roommate to leave.

Any advice or guidance would be deeply appreciated! Thank you!


Roommates: Do I Have Any Legal Right to Ask My Roommate to Leave

Ex Using Parenting Plan As a Weapon

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

My divorce has a parenting plan that states I must maintain an 3 bedroom house within 25 miles of my ex. My ex is constantly using this as a weapon, every time with have a disagreement over anything she says "I'm going to move to Ohio and you MUST follow me!!". (she is high conflict).

If she ever follows though on one of these threats would the court uphold the parenting plan? it doesn't seem fair that I could spend my life chasing my ex around the US based on her whim. My Job is here in Florida, I have a happy relationship and may buy a house soon.

If she did go back I would do my best to reach a compromise and suggest I take the kids for a few months every summer by driving them down here on my own dime.

Thanks.


Ex Using Parenting Plan As a Weapon

Deferred Dismissal

My question involves a traffic ticket from the state of: New Mexico. I received a citation in NM and i got DEFFERED DISMISSAL on it after complying with all the requirements. My employer says I went against company policy by doing this. I currently hold a Class A CDL and as a result of accepting this "deferred dismissal," my employer is not letting me drive. Court documents say " Deffered Dismissal " on them. Case has been closed, and now my employer wants a document that only says "DISMISSED" with out the "Deffered" on it. Please help, what can i do? I've been with company 5+ years and now my job is on the line. Is there a way for me to get a different type of document from the court?


Deferred Dismissal

Modification of Support: Reimbursement of Overpayments Accidentally Paid Child Care on Top of Add on

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

I am currently seeking a support modification from my ex-wife (11 months negotiating back and forth). After $120 months of paying montly child support, it was discovered that $700 of the $2370 monthly amount was for half of Montessori tuition at the time time (2006), which was spelled out in the Divorce Decree as well as the exhibit showing the Dissomaster calculations for support with the $700 add on for child care.

Both children have long since stopped needing child care for the custodial parent to be able to work and both parties have acknowledged in writing that overpayments exist for at least 84 months totalling upwards of $58,800. Initially, she was willing to "credit" the overpayments in writing but wanted to offset the amount with waived spousal support and personal expenses such as a car, laptops, gifts for coaches/teachers/carpool/laundry etc.

After increased resistance to reach agreement (you can imagine the back and forth), we also realized I'd been transferring a lump sum into her account each month of $2400 instead of $2370 for 120 months.

Long story short, last night I discovered while going through old emails that I'd actually directly paid her requests each month for several years for child care costs, summer camps, etc. in addition to the built in child support add-on.

To make matters worse, digging through receipts shows I'd also paid Montessori directly at their office for my half of the tuition for 3 years after the divorce not realizing that the monthly child care expense was already built into the monthly child support payment. I have all of the receipts showing the payments as well as the most recent receipts showing direct payment to my ex-wife for each child care cost with the invoices and what she submitted to the tax accountant for deductions. Unfortunately, I never could realize those deductions because she claims both children but I do have the emails and documentation of the direct acknowledgement from her that I paid half of the child care.

What are the chances (if any) that I can be reimbursed for these overpayments? I notified her in writing and in person as soon as each situation was discovered. I should also note that at the time of the divorce our net disposable incomes were very different and the time share was very small for me. The current share is now 45/55 (we are stipulating a new parenting plan), but her net disposable income is dramatically different as she has increased her income (salary) by 150%. There is no disparate income or housing expenses (we live 3 blocks apart). Both of us are well-compensated, the difference being I am subject to AMT since my remarriage and tax status and she is not. The new guideline numbers actually show payment from her to me now, which is something I never expected nor will I collect from her if that is the case.

Just curious whether or not there is a case for reimbursement due to actual vs. reasonable child care costs (Gigliotti and Fini cases keep showing up in my searches). My ex-wife contends that she had reasonable child care costs during most of the 120 months (our kids are now 17 3/4s and 15). What she doesn't realize is that I have always paid for half of all child care on top of the monthly support. I'm wondering if since I already paid all the child care costs directly, can I seek reimbursement for that $700 add on for child care that stopped in 2009? I had to take a loan against my 401K as well as cash out stock options to be able to make support payments to her the last two years when the AMT took effect (the tax bill was staggering) and I'd really like to replenish that retirement account.

Thanks in advance for the feedback. Not really sure how this works in this circumstance.


Modification of Support: Reimbursement of Overpayments Accidentally Paid Child Care on Top of Add on

Can an Adoptive Step-Parent Fight for Custody in a Florida Divorce

Is it possible for an adoptive step-parent to fight for custody in a Florida divorce?


Can an Adoptive Step-Parent Fight for Custody in a Florida Divorce

vendredi 28 juillet 2017

Adoption of Children: Procedures for a Contested Stepparent Adoption

My question involves adoption law for the State of: Massachusetts.

I'm in the middle of adopting my 2 step kids (ages 8 and 7) who were horribly abused by their stepfather and mother. The mother has already lost her youngest through adoption because of the abuse. However, the kids mother has a horrible rage that she will literally go after people and has done so many times in the past, regardless if it puts the children in danger or not. She has also made numerous threats towards our family. Is it possible to have a restaining order on her even though we are in the middle of the adoption? If not do the kids have to come to court with us during the adoption process? How many court dates roughly are there in a contested stepparent adoption? I'm just trying to get as much information as I can to keep these 2 little ones safe. They have already been through so much and are completely terrified of their mother.


Adoption of Children: Procedures for a Contested Stepparent Adoption

How to Get Ss Card, Without Birth Certificate What to Do

I am trying to get a new social security card so I can get a photo I.D and i have no birth certificate, I have no drivers licenses and have never held a job. What would i have to do?


How to Get Ss Card, Without Birth Certificate What to Do

Civil Rights Issues: Did I Lose Just Because I Am Trans Gendered

My question involves civil rights in the State of: Washington.

last year I was drugged and sexually assaulted. When I woke up and was able to move I got out and to the nearest store in nothing but a tank top and panties. when I walked into the store I asked to attendant to call 911 because I was raped and he told me no I have to use the pay phone out side. When I was able to finally get through to 911 and the police showed up they kept me standing there in the rain with nothing on but what I just stated for a half hour or so. When I was finally taken the the hospital I was treated like a criminal or something. The man was never arrested and days later after I got some one to go back to my apartment with me he started showing up out side my window and calling me to harass me. When I call 911 and the police showed up, almost an hour later, they told me since he has not been served with the restraining order there was nothing they could do. This continued for a week. When it was time to go back to court to get a permanent restraining order I did not go because I was scared. He was going to be there and I knew that he was going to get me again. I ended up losing my job out of fear of him showing up there and eventually started to use drugs which got me into trouble. Months later I was informed by DOC officer that the detective handling my case was trying to get a hold of me, she had my number and I never personally got any phone calls or messages from her. When I called she said that they had the DNA results and wanted me to come in and do a DNA swab. When I asked why he was never arrested she could not give me an answer. The very next day after that conversation the man that raped me started coming a round again and harassing me even more. I got scared and told my DOC worker and she told me that I was only coming up with excuses and that I need to just stand up and move on. I called to the detective and told her that I was being treated more like a criminal than any thing and to just leave me alone. He continued to harass me to the point where I had to escape out of fear of what he might do to me again. But now since I was on probation and I just left they have a warrant out for my arrest. They would not do anything to help me and let him continuously harass me. I lost every thing because of him and he did not have to pay for nothing, and I was treated like a freak of nature the whole time. How is it that I was the one that was getting punished and lost every thing due to him and now I am going to jail if I get caught. I don't understand. I am beginning to think that there is only one way out and away from this hell


Civil Rights Issues: Did I Lose Just Because I Am Trans Gendered

Victims Rights: Do I Have the Right to an Unedited Version of Court Hearing Audio Recording if I Paid

My question involves criminal law for the state of: California


Victims Rights: Do I Have the Right to an Unedited Version of Court Hearing Audio Recording if I Paid

Initiation of Charges Who Prosecutes Traffic Infraction Cases

My question involves criminal law for the state of: California


Initiation of Charges Who Prosecutes Traffic Infraction Cases

Pretrial Procedure: Is Prosecutor Required to Appear at Pretrial/Status Hearing for Traffic Infraction

My question involves criminal law for the state of: California


Pretrial Procedure: Is Prosecutor Required to Appear at Pretrial/Status Hearing for Traffic Infraction

Pretrial Procedure: What if a Party Fails to Appear at Pretrial/Status Hearing for Traffic Infraction

My question involves criminal law for the state of: California


Pretrial Procedure: What if a Party Fails to Appear at Pretrial/Status Hearing for Traffic Infraction

Holding Over: 5 Days Notice for a Holdover

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

Hi all,
My lease ended May 31, but I had a verbal agreement with the landlord to let me move out at the end of September. They've been cashing my monthly checks ever since.
The manager just told me I have to leave next week, since somebody rented it out, and we don't have anything in writing. He said he'd forgo the 3 extra days, so no rent for August, huuraay

1. I believe they should give me at least 30 days notice, even for a holdover since I did pay the rent. Am I correct?
http://ift.tt/2vg1Ftj
"Holdover Tenants
If there is no provision in the lease about what happens when the lease ends (for example, nothing is said about converting the tenancy to a month-to-month tenancy), the lease simply expires and the tenant becomes a “holdover tenant,” and the lease is renewed on a month-to-month basis.(136) Some leases in rural areas (outside of a city) are renewed for a full term. At this point, unless the landlord agrees to continue the tenancy or a new lease is signed, the landlord can start eviction proceedings at any time and without notice. (Click here for laws covering eviction.) However, once the landlord accepts a rent payment from the tenant after the tenancy term runs out, then the tenancy is automatically renewed for another rental period and it becomes a periodic (usually month-to-month) tenancy."

2. Just to cover me, should I send a certified letter to them? Should with my intent to vacate date be August 31st or Sep 30th?

3. I'm 100% sure I can't move by that deadline, what will they do to me?

4. Given how sleazy this guy is, what if he fakes a notice, in case we go to court?

THANKS SO MUCH!!!


Holding Over: 5 Days Notice for a Holdover

Transferring Title: Is There a Way to Transfer a Car Title from Someone Who Won't Sign the Transfer Title

My question involves vehicle registration or title in the state of: Texas. A couple years back I bought a truck but didn't have an ID during that time so a family member took it out for me and I made the payments.
I paid off the truck over the years. After I paid it off, me and the family member got into a argument and he took my truck when i was at work.
I tried to get it back but he wont give me the keys and says his name is on the title and he going to keep the truck.
I have the title on hand with his name but he wont sign the title transfer.
Is there anything i can do, to transfer the name on the title to mines and take back my truck legally
we did get the truck from a mom and pops car lot but i lost contact with them over the years.
i have no proof of payments or anything that's under my name on the truck besides the insurance.
Or this one of those life lesson that i have to learn :(

Thank you for your time


Transferring Title: Is There a Way to Transfer a Car Title from Someone Who Won't Sign the Transfer Title

Distance Limits for Towing of a Vehicle by the City

I've read that in Los Angeles, you can't be towed to a yard more than 10 miles from where the vehicle was parked. Is this true?
I was towed to a yard 43 miles away. On top, I didn't get any notice for 12 days. I'm down more than $2,000. Do I have a claim? If so, who do I have to present the claim to?
Two thousand thanks!


Distance Limits for Towing of a Vehicle by the City

Compensation and Overtime: Maximum Accrual for Vacation/Sick Leave

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

Is there any federal or Oregon state law that limits the amount of sick leave or vacation an employee can accrue?

And, is there any law that addresses when a change in policy establishes a cap, how employees who are well over the cap are compensated (or not)?


Compensation and Overtime: Maximum Accrual for Vacation/Sick Leave

Custody and Visitation Issues: Ex Not Always Informing Me of My Son's Medical and Vision Appointments

My question involves a child custody case from the State of: Virginia
My son is 15 and and his mother is the primary physical custodian at all times when I'm not specifically designated as such. (In a nutshell, he spends the evenings with her on school nights and then the rest of the time is divided between us.) We both have joint legal custody of my son. She makes the medical/dental/vision appointments. My son was born with a heart condition and sees a cardiologist once a year. Other than that the other such appointments are routine. A year ago my ex did not inform me of a cardiology appointment. I had my attorney send her a letter. Now recently she sprang a vision expense on me for new glasses for my son. I was not informed in any way of this optometry appointment. My ex has informed me of other medical & dental appointments in the past. I always attend the significant appointments (like cardiology), but often skip the mundane appointments (like adjusting braces). What recourse might I have here? Thanks in advance.


Custody and Visitation Issues: Ex Not Always Informing Me of My Son's Medical and Vision Appointments

Unemployment Benefits: Eligible for UI After Being Released from Long Term Disability

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

Background: After 18+ years with the same company, I was notified mid-Sept 2015 that I would be part of a big layoff in Nov 2015. On Oct 1, 2015 I had a retina detachment and I went on disability on that day (so I was on disability at the time of my official layoff date). This was a private disability plan that both me and my employer had paid into. I have had several surgeries since then and am now on long term disability thru the same insurer. I just found out that my doctor has released me back to work. Will I be eligible for CA UI benefits since I have been unable to work for almost 2 years?


Unemployment Benefits: Eligible for UI After Being Released from Long Term Disability

Repossession: Repo

My question involves a consumer law issue in the State of: tennessee
I bought a truck from a "friend" about 4 months ago. We agreed on a price of 10,000. I paid 8,000 wen I took possession of truck with the balance to be used to replace 2 fuel injectors. Any remaining money would go to seller. I have not yet replaced injectors. Seller had truck replied. No title or bill of sale ever changed hands. He was a "friend". Do i have any legal recourse or just screwed.


Repossession: Repo

Bonus/ Compensation Plan Agreement

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


Bonus/ Compensation Plan Agreement

House Guest from Hell

My question involves landlord-tenant law in the State of: California. I am a renter and my landlord owns the home but lives here 2-3 days out of the week. She has a guest saying here until here visa is approved for China. This was supposed to be for only a month and we are now going into the 3rd month. Her guest has caused a lot of problems in the household and now I have things that have gone missing. None of us want this person in the home any longer but because California laws state that if a guest has been in the home more than 30 days they are now a legal resident whether or not their name is on the lease. Kicking her out could get us all sewed. My roommate also feels bad for her because she has no where to go. My roommates guest has also shown agreesion by forcefully holding my bathroom door open not allowing me to close it. I have stated that I am very uncomfortable with her house guest when no one is around and that my things are being taken. I feel like the only resolve is for me to leave my home in which I rent and my name is on the lease. If I need to do so who do I hold responsible? Also can I hold my landlord responsible for allowing this to continue? Yes I have proof she has taken items from me and out of my home without permission. She was dumb enough to leave a note.


House Guest from Hell

Harassment: How Do I Proceed in a Hostile Environment

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

A very quick summary of my situation - I had an undiagnosed medical issue that was accommodated by my employer for over 3 years, and I had consistently good performance reviews and exceeded my goals annually. My boss found out I had started to look for another job, including another one within the same company, and told me I couldn't leave and that she couldn't bear to see me go because she trusted no one else in her department. A few weeks after that, she got into trouble for something, and all of a sudden I was written up for poor performance, told that my accommodation would no longer be considered, and told that my job role changed. I was never given any explanation of how to improve my performance, no tangible measure of what constituted improvement, and no time frame for improvement. Any time I asked, I was denied an answer. HR removed me from reporting to my boss, but she continued to be involved in my day to day management, and when this was brought up to HR, they said I had to roll with the punches.

Because my medical issue is no longer being accommodated, my work HAS deteriorated in the past 4 months, and I am yelled at and threatened with firing regularly. I have since received an official diagnosis, and when I spoke to HR about the continued situation, was told "well, sometimes people fake things."

I don't know what to do at this point - do I quit for my own physical and mental health, or wait for them to fire me? Is this a lawsuit waiting to happen, or is HR right and am I making everything up?


Harassment: How Do I Proceed in a Hostile Environment

Federal Taxes: Loss in LLC

My question is about loss of investment in an LLC. Several years ago, I invested 40K in an LLC that has since closed and sold its assets. After debts were paid, there was still a balance, so the investors lost 100% of their investments. How do I claim this on my taxes? Which form(s) and so on? Thank you.


Federal Taxes: Loss in LLC

Township Owned Open Space

My question involves real estate located in the State of: New Jersey
Here's another good question do towns usually compensate well when they purchased land for open space? How much open space is too much open space for a town to have?


Township Owned Open Space

Enforcing Custody Orders: Falsifying Final MSA

My question involves a child custody case from the State of: Florida. I have a final MSA which states that my ex and I have shared custody. It also states that our child will remain in a particular county for the purpose of education. Our child has special needs. It was just brought to my attention that my ex has removed our child from that county and placed them in a different school zone. I visited their school to understand how this could have happened. I was provided with a copy of my child's file and found that my ex gave them a copy of an early MSA which states they have full custody, for the purpose of school zone. However, in the final MSA this was removed. The final states the child is to remain in the established school zone. Its very clear based on side by side copies that certain parts of the final MSA were altered! Isn't this illegal?


Enforcing Custody Orders: Falsifying Final MSA

Disciplinary Issues: Terminating Employment for Person Who Had an Affair with the Boss

My question involves labor and employment law for the state of:NY
Hello. My husband owns a small business and recently had a 3 month affair with his employee who is the office manager. I strongly feel that she needs to leave. She has stated that she will not be paid off, nor will she leave unless she finds a job of equal pay and benefit. It has been a year now and I am feeling distraught and upset with my husband that she is still there. Is he able to terminate her employment in a way that will not result in a lawsuit?


Disciplinary Issues: Terminating Employment for Person Who Had an Affair with the Boss

Deeds - Warranty: Warranty Deed, Divorce, and Existing Mortgage (Lien)

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

Good morning,

I recently reviewed the Warranty Deed prepared by my attorney as part of my divorce proceedings a few years ago. My former husband and I were co-owners on the prior Warranty Deed, as well as joint account holders on the existing mortgage. We agreed that he would transfer our marital home to my sole ownership, thus the new Warranty Deed was issued. In fairness, I gave him a small cash settlement for his share or equity as compensation. I did not refinance the mortgage. I accepted financial responsibility for all payments, insurance, and property taxes which I have upheld.

In hindsight, I am wondering why the attorney did not prepare a Quit Claim Deed. I located an email where her legal assistant explained that the Warranty Deed would have title insurance. That's good, but now that I have learned a Warranty Deed means "free and clear" title, of which there was -- and still is -- a mortgage on the property, how was this possible? I feel somewhat foolish to be questioning my former attorney's actions though. Naturally, they were aware of the mortgage, and that no refinancing would take place.

Can a Warranty Deed be issued when there's an existing mortgage? It seems contradictory to the purpose of a Warranty Deed. Are there any repercussions from having done so? If this is not correct, is there a way to revoke or change the Warranty Deed?

If anyone can advise on this situation, I would be most appreciative.

Thank you. :)


Deeds - Warranty: Warranty Deed, Divorce, and Existing Mortgage (Lien)