samedi 31 mars 2018

Traffic Lane Violations: Traffic School After Enrolling in a Installment Payment Plan for a Hov Violation

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

I recently received a ticket for driving in the HOV lane solo.
I enrolled in a payment plan, and did not request traffic school, but now realized I will get a point for pleading guilty(paying the ticket).
My question is it to late to request traffic school after I've enrolled in the payment plan, and if so, how?


Traffic Lane Violations: Traffic School After Enrolling in a Installment Payment Plan for a Hov Violation

Other Issues: How Can I Calculate the Two Years Home Residency to Fulfill the Condition

I came to USA in May 4th 2004 with J-2 visa to join my husband while he was doing his Ph.D.. I stayed for 3 years with this J-2 visa. I left USA in June14th 2007 and changed my visa to J-1 visa to start my Ph.D. with a fund from my government. I back to USA in August 15th 2007. I stayed another eight years with the J-1 visa. I visited my home country for five months during these eight years.
I want to know if these five months counted from the 24 months required for my J-2 visa .

I left with my family in July 10th 2015 and stayed in the country of origin till February 10th 2017. During that time I received a waiver from the two years home residency of my J-1 visa. But my husband did not get waiver from the two years of his J-1 visa.

I want to know How can I calculate the two years home residency to fulfill the condition?


Other Issues: How Can I Calculate the Two Years Home Residency to Fulfill the Condition

Other Issues: How Can I Calculate the Two Years Home Residency to Fulfill the Condition

I came to USA in January 17th 2003 to do my Ph.D. with J-1 visa. I stayed for 9 years with this J-1 visa. I finished my Ph.D. and stayed for the academic training during these 9 years. I left USA in January 9th 2012 and changed my visa to J-2 visa because my wife was still doing her Ph.D. I back to USA in February 4th 2012. I stayed another three years with the J-2 visa. I visited my home country for three months during these three years.
I want to know if these three months counted from the 24 months required from the J-1 visa holder.

I left with my family in July 10th 2015 and stayed in the country of origin till February 10th 2017. During that time my wife received a waiver from the two years home residency of her J-1 visa (my J-2 visa too).

I want to know How can I calculate the two years home residency to fulfill the condition?


Other Issues: How Can I Calculate the Two Years Home Residency to Fulfill the Condition

Discrimination, State Employee

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

I filed, claimed NDCC. 34-03-06, employer claimed, 34-03-05. Nor did we dispute, whats bothering me, employee for the state, claims, her "line of reasoning", defnes, "we feel the company has met the definition", thereby denying me benifits, on what "we", has defined, as a "line of arguement" in order to fit into, 52-06-02. I feel is discriminating, due to arguement being, torn mesh in body due over exertion. Not "excessive absenteeism", as state would claim? Provided dr claim: needing a 2nd surgery".


Discrimination, State Employee

Retailers: What if a Store Won't Take Back a Defective Product

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

I'm currently looking to buy my first flat screen TV. After doing some research on ones I've seen at Best Buy, I've come across a surprising number of complaints online about how Best Buy has been refusing to refund or replace TVs people buy and discover to be defective or broken (usually a cracked screen) after they're brought home. The common theme is that Best Buy says that damaged merchandise is not returnable, inferring that the customer is assumed to have broken the item. I'd like to buy a TV, but would like to know what my legal rights are if I were to buy a TV, then find that the screen is broken when I take the TV out of the box (since this seems to be a common occurrence).

I know I could have them open the box so I could inspect it from the open end before taking it from the store, but I'm told that it's very hard to see a cracked screen that way and the only real way to know for sure is to take it out completely and plug it in. If I opened it in the store and didn't see a problem that I ended up discovering later, they could say that it's proof I damaged it since it was inspected beforehand, so I'm reluctant to go that route. Removing it completely from the box and plugging it in at the store would not be practical.

As for my legal question: When a person buys something at a retail outlet like Best Buy who has a return policy of 15 days, is there a legal contract that the customer and retailer are entering into that can be enforced? Also, if an item is discovered to be broken or defective after the customer opens the package and tries out the item, is the presumption of guilt/innocence on the retailer, or the customer? IOW, if an item is broken, is it assumed to have been that way originally in the package, or is it assumed that the customer caused the damage in transport or at home? Who has the legal burden of proof?


Retailers: What if a Store Won't Take Back a Defective Product

Education Ip

Hi everyone,

I was just wondering how websites such as Chegg, Studyblue, CourseHero, etc. are allowed to post solutions to textbook questions? I would assume the publishers have their textbooks under copyright, so why don't they go after these websites for posting textbook questions/solutions?

Thanks!


Education Ip

Workers Compensation Issues: Changing Jobs, Worried About Partial and Long-Term Disability/Vocational Retraining

My question involves workers compensation law for the state of: Michigan / Injured and Live in Northwestern Area

I am a traveling merchandiser paid mileage and suffered a serious "jaws of life" accident in one of my overnight shifts in Winter 2017. I was on total disability during major treatment, then partial while I was on light duty. I had extensive speech and occupational therapy because I suffered a minor spine and head injuries. I now work in nearly constant pain with a back brace, re-racking and stocking shelves for a major space planning distributor. My question breaks down into two areas: 1) Changing Jobs and Liability 2) Vocational Rehabilitation.

I read somewhere on this site's attorneys comments (not a forum) that most permanent temp or full disability settlements require that I leave my job. Getting me back to work was always the goal and this was not on the table. While it may be an ancillary fact they are trying to get rid of me for my accident, I doubt this is the case... but there is too much work and they just hired an assistant member of my team. Some sudden write ups where the boss is making changes to planograms (the way our display should look) happen, and I never get notified on time - if at all. Other Team Senior staff give me advice on how to accomplish the task under less than favorable display circumstances, then the client is disappointed. By nature, this is a two-boss job ... the retailer and the company I work for, so inherently there are going to be client management problems with a weak manager above me unwilling to hold the retailer to the contract.

Finding myself being held accountable for two similar situations where the product is not displayed per spec, in the last three months, at the same retail location, first as a written warning; then, as a final warning, I wondered if they think I can't move fast enough after OT and PT and want to dump me. Both being the same site, there is an unrealistic expectation by the client and major lack of availability for, and communication by, the boss and his boss about the planograms. I find myself running and screaming to another company to avoid the toxicity that is sure to keep a revolving door in an already high turnover job, both by area and by industry.

My first question is about my appointment in June for neurologist. I know the worker's comp will have to pay for it, because medical liability continues even if I leave my job. What I worry about is what happens if and when I am told I need light duty again, are partially disabled certified or even full...now that I am at the new employer. I seem to read this is handled the same way with new employer, except light duty which the new employer doesn't have to honor making me partially disabled? You tell me, I am inquisitive about it. Talk about a bad time for work environment to go toxic!

The second question is about vocational rehabilitation after I leave. This information and perspective will affect my question above about return to disability as well, self-evident facts:
Before this job, I was a space planning engineer in another state. A GOOD ONE. And I took this job to move back to my native state because I didn't like it there.
The WC neurologist recommended that because of my brain issues I get vocab rehab for space planning (a desk job) on my return to work visit.
The WC neurologist did NOT sign off on my return to work in August 2017, I found out after I got my light duty letter.
The WC contact played Potomac Two-Step to avoid admitting they returned me to work, and the WC Dr never signed off in fact recommended vocab rehab.
When questioned, the WC Dr said correct he never signed off and I found this out after I had already worked my first half-day (a liability issue).
I am convinced based on the above the WC adjuster saw the note and worked FAST to get me to light duty so they would not have to retrain me and potentially offer me a better desk job at my current employer, because the handbook may require it.

If the WC neurologist certifieds me for light duty, do I get partial disability since new job does not have to honor? How does partial work? Full, I know about already I can't work so they pay until I can. What if I have to leave the new job because of the disability, are they liable for damages for that? And what about voc rehab if the same WC Dr recommends again? Do I really have to work in pain? I can just see this old company using the timing against me last time (or at least the WC adjuster), they will do it again. But I do have to leave, things are going to go south and quickly.


Workers Compensation Issues: Changing Jobs, Worried About Partial and Long-Term Disability/Vocational Retraining

Strategy to Contest a Failure to Signal Ticket

My question involves a traffic ticket from the state of: South Carolina.

First, thanks for all that provide legal advice on this forum. Just lurking has provided a wealth of knowledge. Anyhow, onto my legal issue....

A few weeks ago I made a left turn onto a busy, four-lane, "suicide lane" separated road; traveled about 500 yards; moved from the left to right lane and was promptly pulled over after entering a shopping center a short distance away. After the officer approached the vehicle I got the usual "Do you know why pulled you over?" Which I didn't and was informed that I did not signal when I changed lanes. This is false. After the handover of license and insurance the officer asked me why I was in such a rush. This struck me as odd, as if the officer forgot why he pulled me. I suspect I was pulled for the rate at which I changed lanes and there was an assumption made that no signal was made.

Here are my grievances with the citation:

1) The violation code noted on the ticket is 50-5-2120. This is a typo and should have been written 56-5-2120. SECTION 56-5-2120. Required position and method of turning. 56-5-2120 states:

Quote:

(b) Left turns. The driver of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle. Whenever practicable the left turn shall be made to the left of the center of the intersection so as to leave the intersection or other location in the extreme left-hand lane lawfully available to traffic moving in the same direction as the vehicle on the roadway being entered.
My left turn was lawful and the officer would not have been in the correct position to assess the use of my signal.

2) If the officer is citing me from my left-to-right lane change (I feel 99% certain this is the case) the correction violation code should have been SECTION 56-5-2150. Turning movements and required signals. 56-5-2150 states:

Quote:

(B) A signal of intention to turn or move right or left when required shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning.
The road's speed limit at the location of the 'violation' is 40 mph. It takes 1.5 seconds to travel 100 feet at 40 mph. In 1.5 seconds that is 1 flash, maybe 2 of a turn signal. After the lane change I checked my mirrors as I normally do and noticed officer's cruiser deep in traffic. Maybe 200 yards or more behind me vehicle. I find it incredible that the officer would be able to assess my required 100 feet (1.5 s) of signaling at such a far distance and in traffic. His view of my vehicle would have been obstructed at some point.

Those are the facts and I am unsure on which strategy to pursue, which my have the most success, and how to pursue each. Should I go after the incorrect violation code and motion for a dismissal? Or.... should I pursue a more "technical" approach and try to prove that the officer couldn't have maintained visual contact due to traffic, distance, etc.?

Thanks for all of the help on the matter. I look forward to hearing your opinions.


Strategy to Contest a Failure to Signal Ticket

Retirement Benefits: If Divorced Spouse Filled for Benefits on Your Record, Would You Know It

The marriage was for 24 years. She worked in our business but all reported income was in my name. She received no salary. We filed joint returns.


Retirement Benefits: If Divorced Spouse Filled for Benefits on Your Record, Would You Know It

Delivery of Deed: Tax Certificate Sale Question Regarding 4.5 Notice

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

Hope this is the right subforum for this.

Once you've won a tax certificate auction, you must send the standard '4.5' notice to the current owner and anyone with an interest in the property.

My questions involve the latter part: 'anyone with interest'

1. Apart from city/county government and possibly a mortgage company, who else could have interest in a property?

2. How far am I required to go back to give notice to persons?

3. Would a foreclosure supersede someone's tax certificate (meaning if the taxes weren't paid from escrow or mortgage payments aren't made, does bank take precedence over government)?

4. Is service by publication justifiable if mail gets returned?


I'm wanting to handle the 4.5 notice myself, and retain counsel to send out the 4.6 notice (verified petition for tax deed will be filed within 30 days).


Thanks, guys and gals.


Delivery of Deed: Tax Certificate Sale Question Regarding 4.5 Notice

Roommates: Roommate Threatening to Break Lease

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

My roommate signed a one year lease in August of last year but decided he wanted to live with his brother and moved out in January of this year. He thought he would be able to find someone to take over his part of the lease so he didn't mind paying rent for two places, thinking it would only be a month. He was unable to find someone to take over and is threatening to break the lease. The room he was paying for was 2/3 of the entire rent of the house, it's not something me or my other roommate can handle. He is also here in America under a work visa, is there a way we can garnish the rent from his pay checks or even sue him? He is refusing to pay April/going forward's rent, is there something we can do fast so it doesn't affect us?


Roommates: Roommate Threatening to Break Lease

Georgia First Offender Records

My question involves criminal law for the state of:


Georgia First Offender Records

Probate Court Procedure: I Have Filed Probate in Pro Per. I Requested in the Filing That the Court Waive the

My question involves estate proceedings in the state of:


Probate Court Procedure: I Have Filed Probate in Pro Per. I Requested in the Filing That the Court Waive the

vendredi 30 mars 2018

Custody and Visitation Issues: 13 Year Old Daughter Refusing to See Long Time Absentee Father

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

Hi,
I am very new to this site. This is the situation I have found myself in and need some advice as to what I should do. Here is a little bit of history: We were never married, he was a one night stand, his name is not on the birth certificate but was confirmed as the father through paternity test through the courts, he does pay child support but I don't receive all that I am supposed to as they take from mine to pay for his other two kids' that he has had regular contact with, a boy and a girl, the boy is a year older and the girl is 4 or 5 years younger than my daughter. The father has a history (including as recent as of the last 3 years) of drugs and alcohol abuse.

I have also been told that he has a history of hitting on underage girls and trying to sleep with them, I can't say if this is true or not but I do know that I was 17 when he was 22 and the person who told me about his history of hitting on underage girls has never lied to me.

I had told him as soon as I found out how to contact him that I was pregnant and he just got pissed and brushed me off. By the time my daughter turned 2 she had only seen him less than a handful of times and each time it was only for a half hour or so and he took off. Fast forward to my daughter age 7 (2011) and we hadn't heard from him for 5 years and he sends me a message on Facebook saying he wanted to know how she was doing and if she wanted to see him. I told him I had no problem with him being part of her life just that I didn't want him breaking my daughter's heart. We didn't hear from him again for a year (2012), where all he did was ask for her social security number for her health insurance that the courts were enforcing. I told him he had to go through the courts because all of that information was supposed to go through the courts, after that he then asked the same thing, how she was doing and if she wanted to see him. Again, I didn't have a problem with him being a part of her life, I asked please just don't see her and disappear again. A year (2013) goes by and we hear from him again this time at tax time wanting to claim her on his taxes, he said he deserved to because he paid child support and covers her health insurance, he got angry when I said no as I am the custodial parent and I provide everything for her, I even have insurance for her also because his doesn't cover a lot. To say he wasn't happy would be an understatement and didn't contact us again until 2015. This time he says my daughter, his youngest (my daughter is the middle of his children) wanted to see and meet my daughter. I said okay, I have no problems facilitating. But again I said please don't just come into her life and take off, she deserves more than that. This meet up took place the next day. It lasted for a max of 30 minutes and then we didn't hear from him again until towards the end of last year.

From 2006 to 2015 he had not seen her in person at all. At no time during these years did he wish her a happy birthday or send a card or gift or Christmas gifts or cards, nor any gifts or cards before she turned 2. He only contacts me on Facebook.

Towards the end of last year he contacted me again saying he wants to be a part of her life and that he has the right to be. He also wanted to claim her on his taxes, to which again I said a resounding "hell no". As for seeing her, I chose to discuss it with my daughter first. She said no and wanted nothing to do with him. I explained to him how she felt and he went ballistic. He said her feelings didn't matter and he would force her to see him whether she liked it or not and that she would eventually understand and forgive him. He was verbally abusive towards me on the Facebook messenger that we were using to communicate. He has now officially given her 4 gifts since then, he gave them to me to give to her, one of which was broken and required me to pay to repair it and another consisted of colors that I had told him she hated. At the end of his tantrum he said he would take me to court to force the visitation. We didn't have a specific court order set up for visitation, it just says that it is between me and him to set up, so there were no specific times and days ever set up because he wasn't there. I got fed up with the abuse coming from him and told him I wasn't going to force her to see him if she didn't want to. I ended up blocking him on Facebook and discussed the matter more with my daughter after I had calmed down. I explained to her that we couldn't really refuse visitation as he had that right as her biological father since he still has his rights. I unblocked him and explained what I had said to Deirdre and that it would go turtle slow for their communication. So every now and then he contacts me on Facebook asking to text speak with her, which I monitor. She hates having to talk to him, she doesn't like it, and she doesn't want to know him. I have doubts that she will ever be comfortable to ever go to his place. I have tried so hard in the past to facilitate but he never tried to continue and now that he wants a part of her life, I feel like I am caught between a rock and a hard place because I don't blame her for how she feels. I understand it and I feel like a horrible person for having to force this because I know he has rights but I love my daughter and want to respect her decision. And now with him trying to be in her life I don't think I could even have a case for father child abandonment.

Please give me some advice, I know this was a long history but I felt all information was necessary. Thanks.


Custody and Visitation Issues: 13 Year Old Daughter Refusing to See Long Time Absentee Father

Roaches . What Can We Do

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

Moved into an apartment and its infested with roaches!
I see them all day long, everywhere! We received a letter that someone for bugs will come on April 4th. I went to the office today to remind them of our ongoing problem and was told I need to wait for the 4th.

Today I found roaches in a closed box of spaghetti... obviously they found a way inside...

What are our options? What does the leading office have to do and how fast?


Roaches . What Can We Do

Livescan for Community Care Licensing

My question involves labor and employment law for the state of: CA. I was offered a case management job working with foster youth that requires community care licensing through the Department of Social Services. I completed my live scan 3 days ago and DOJ/FBI/ and CACI statuses are all listed as “completed”. However my employer hasn’t received DOJ clearance yet.

I received a wet and reckless 3 years ago as a plea bargain when I was arrested for drinking and driving .08. On a scale of 1-10 , how screwed am I ? :(.


Livescan for Community Care Licensing

Grandparents and Third Parties: Desperate Parent Please Help

My question involves a child custody case from the State of Florida: Recently my children have been awarded to a grandparent through Extend Family Emergency Hearing. With documentation that was taken from me, claiming parental mental illness, child neglect, child abuse and more. Department of Children and Families were not included. DCF had no indication and every documentation submitted was returned and denied. Motion for rehearing, motion to appeal, etc. Provided proof and let both parties know. Grandparent is also on full disability and was awarded children. What am I allowed to do since rights were taken away.


Grandparents and Third Parties: Desperate Parent Please Help

Recording Title When No One Knows Who Owns a Piece of Property

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

There is a small piece of land that borders our property, but is separated from it by a county road. I have asked the title company who owns it, and they guessed that it was either state or county land. But they could not confirm. I spoke with some one from the State, and they said that it is county land. When I contacted the clerk and recorder for the county, they claimed that it is state land. We irrigate our property and our pump house sits on the supposed 'county' or 'state' land. The owner of our acreage before us, used that property to graze his horses. The website, Montana Cadastral says that there is no data for this particular property in question. We would like to legally purchase the property, but we are not sure how to go about it without anyone knowing who actually owns it. So my question is, can we use it to graze some livestock on? And if we use it for a certain amount of time, can you claim prescriptive easement or ownership of some kind?


Recording Title When No One Knows Who Owns a Piece of Property

Regulations and Procedures: Can’t Wait for Liquor to Become Privatized

Pennsylvania you need to get with the times. Ugh. I went to buy a bottle of wine and they have no bathroom avail for customers. It’s totally annoying to have to deal with the miserable people who seem to enjoy saying no you may not use the bathroom to a paying customer. I suppose they technically do not have to provide a bathroom but in our state liquor is state run. I normally lean left and do not support privatization of prisons but I do for the liquor stores. I realize it’s annoying when Businesses have people try to use the bathroom and they don’t even buy anything. Peeing outside should be legal. Annoyed as hell.


Regulations and Procedures: Can’t Wait for Liquor to Become Privatized

Seat Belt Violations: Recieved Seat Belt Ticket but Was Wearing Seat Belt in Me. What Do I Do

My question involves a traffic ticket from the state of:

Wondering whether you ever received an answer regarding this ticket?


Seat Belt Violations: Recieved Seat Belt Ticket but Was Wearing Seat Belt in Me. What Do I Do

Rules for Collecting Ss on Spouse's Record

I've got a relative who posed a question and I've been unable to find a definitive answer (short of having her go to a SS office to inquire). She is 10 years older than her husband and she began collecting SS at age 62, ten years ago. Her husband is now approaching 62 and is also thinking of starting his benefits early. If they were the same age, she would have started benefits at the same time and would have collected more under her husband's earnings record than her own, as she worked pretty much the minimal amount to qualify. The question is whether her benefit will adjust upward and switch to 1/2 his benefit or is she stuck at the lower amount because she already started under her own earning record?

SS law is not my thing, so if anyone knows, thanks.


Rules for Collecting Ss on Spouse's Record

Getting Fired: Suing the U.S. Postal Service

Hello,
I am a 19 year old sophomore in college seeking to sue the USPS for possible discrimination.



Why I applied to the post office:

Due to an unforeseen room & board fee I was not allowed to register for my classes last fall. I went from being a full time Pre-Med student to an unemployed guy living with his mom again. I was in a deep depression when my mom convinced me to apply to the post office & a couple of weeks after taking my pre-employment exams & driving between the city and my town multiple times for the interview & background checks and what not... I was hired. Two days of orientation at the big post office 3 hours North was mandatory. We were paid for travel. At orientation we learned all about the job & recieved multiple packets (One of which was a mandatory on the job training checklist to be filed when you're trained on the job). My seniority date was Nov 25, 2017 & my first day of work was at the very beginning of December. The job that I applied for was an MHA & the woman that interviewed me & hired me on assured me that the job would be from 6 PM to 6 AM (I have this in writing).



During Employment:

I was asked to come in at 5 pm one evening & was told that this would be my "first day on the job". Upon arrival I recieved my name tag, locker & lock and my work gloves. I put my folder from orientation in my locker & was brought onto the big work floor. I was introduced to my white senior citizen supervisor & put with the 3 other middle-aged white MHA's & immediately put to work. They told me to "Scan the boxes & put them in the BMC that goes to their city." That was it. After about 2 hours of sorting we had to move over to the machines to bag packages that were shooting down a conveyor belt. Without going into too much detail on the work I can just say that everything was heavy, there were limited breaks, MHA's were understaffed (it was just about 4 of us) And I was very very vaguely told what to do. I was not trained. This was all during December (The Holiday season) so the workload was immense. Whenever I had a question whoever I asked would sigh & roll their eyes and give the shortest answer they possibly could. One important part of the job is when all of the packages were sorted into boxes & bags the whole work floor would rush to get lifts to bring the packages & bags to the trucks for transport. Everything had their own assigned semi truck & everyone was just whizzing away putting all of the mail to their assigned truck. They all have worked there 10+ years so everyone knew how to do this. Every single day the trucks would be in different places & every single day instead of training me on how the transporting was sorted they'd wait for me to ask where things should go and then tell me. On my first day after finishing all of this I asked my supervisor when I'd be done. It had already been 8 hours & he said "oh you'll probably be here until 5." This was my very first day & not only was i not properly trained but I also didn't even know what time I was Done. I have phtographs of the schedule in my phone & this was an everyday occurence: My start time was 5pm & my end time was a "?".
I dont't even want to get into the comments made about my appearance. I am a very young (Still 19 years old) brown skinned african american male with longer hair. None of the older employees would speak to me but I later found out they were mocking my appearnce stating that I looked like "a young Michael Jackson" This was all just such a very uncomfortable & unwelcoming work enviroment. Just after the holdiay season ended & just under 2 months of my employment I was fired for atendance. I was scheduled everyday for 5pm & I always made it there just minutes shy. This was happening the entire stay of my employment but action was only taken after the holiday rush ended. & the worst part is that I still have the on the job training packet sitting right in front of me that my supervisors never even started. I was treated like a mindless, extra pair of arms there to help out & ridicule rather than the Full-Time USPS employee that I was. It's been 2 months & this whole situation still saddens me.



Case Synopsis:

I applied for a MHA job with the USPS for a specific shift/time. I was assured, in writing, that I would recieved that shift/time. For the entire duration of my employment at the USPS I was never given the shift/time. I was also never properly trained (treated like a temporary employee). Immediatly after the busy season ended I was relieved of my position. It was stated that I was fired because of my attendance (just mere minutes late) But the main problem is that the shift/time I was assigned was not the shift/time that I apllied for & was assured I'd have. I beleive I was discriminated against by my much older all white peers because of my young age & darker skinned ethnicity.



I explained this entire situation as it was happening to my union rep at of post office & on my surprise last day she gave me her personal phone number to speak with her. I have call records in my phone of calling her multiple times, ready to take action. Every time I called the phone was never answered.

I am ready to take legal action against the USPS and any advice would greatly be appreciated.
Thank You.


Getting Fired: Suing the U.S. Postal Service

Disputing Debts: Medical Bill

My question involves collection proceedings in the State of: VA

I went to a new doctor without any complains and have a medical bill for the lab(it's not much) due to a mistake on doctor part in terms of sending billing codes and requesting tests for annual wellness exam. Insurance is saying they aren't preventive and won't be covered, so I have to pay out of pocket towards the deductible.

I am trying to talk to doctor's office where they promised that they are going to take care of it, but now seems like they are not interested in doing it and it's almost been a month.

I have been calling their main point of contact and have always been told, it'll be done today or tomorrow kind of situation, but apparently nothing is being done and they have already sent a patient termination letter, once I started to question the tests.

My question is, since I am asking about certain tests, why they are being done as preventive and not getting any reasonable response. Do I have any other options/avenues to pursue or should I just bite the bullet by paying and move on? Also, can I file a complaint with my local state health department?

Appreciate any advice or help. Thank you


Disputing Debts: Medical Bill

Unemployment Benefits: Stressed Out Over Unemployment Overpayment - Please Help

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

I was laid off in May of 2017 and found a job in July 2017. At the time I was laid off I thought I was going to find a job right away and when I did not i filed for unemployment. I took some really bad advise from my neighbor and said that since I did not apply right away I could continue to collect for the time I waited which was about 2 or 3 months.

My current job received a notice asking to supply some information regarding my employment. They had advised me, but I had already contact unemployment to try to set up a payment plan to correct the problem. I was not aware of any of the rules and in the bast I found a job within a week and never needed to apply for unemployment. When I spoke to unemployment they told me I needed to wait for aletter of determination before I could set up any payment plans. In the meantime I received a letter from Unemployment investigator to supply copies of certain documents. I am going to go to there off on the date we all scheduled and explain what took place.

I am really scared as I have never delt with anything like this in my life. During the time this all took place my mother passed away, my step mother has been hospitalized for the last 8 months and I have a child with special needs, this is not at all an excuse but I am have been really overwhelmed.

If I go in an explain what took place and that I want to pay the money back, will I be procecuted. I am soo scared and I am the primary caregive to my son. All I want to do is correct this horrible mistake.


Unemployment Benefits: Stressed Out Over Unemployment Overpayment - Please Help

Quiet Enjoyment: Can LL Bring Potential Renters Through My Apt if I'm Not Moving Out

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

I just moved into a new place less than a week ago. It's a duplex, and the people in the other unit are moving out soon. The property manger wants to show renters MY unit, reason being, "I haven't been to the other unit in years and I don't know what kind of condition it's in." So, she's essentially using mynunit as a "show" unit. She gave me 6 hours notice about this. I agreed to it this time, since I'll be home, anyway, but it's very annoying that I have to let total strangers into my home less than a week after moving in. The lease has standard language about landlord access to premises, something like "tenent agrees to alow LL access to property within reasonable business hours. Prior written notice will be given except for emergencies." So I know I could have technically refused, but then I'm just irritating the LL a week into my lease. which is why I agreed to it, but I'm afraid this won't be the only time. What advice would you give here?

Thanks!


Quiet Enjoyment: Can LL Bring Potential Renters Through My Apt if I'm Not Moving Out

Vegetation: Liability for a Tree That Falls Across the Property Line

I'm curious here as to how/when/where responsibility is drawn for a tree that falls across the property line.

Let's look at a couple of scenarios all starting with a healthy tree:
1. Tree falls across property line onto neighbors yard without hitting anything. Each party is responsible for cleaning up their own property, correct?

2. Tree falls across property line and lands on neighbors building, so it's not on the ground but supported by building. Is each party still responsible for their own property and damages?

3. Current OP situation where tree fell across property line and is now leaning against a tree across property line. Now, it's suddenly all the responsibility of the property owner where the tree came from? Isn't this the same as the building situation? Does it depend on the resulting 'angle' that the tree is laying, ie if the tree is almost horizontal but still caught in the lowest branches/crotch of the neighbors tree is then the neighbors problem but if it's almost upright it's the original owners problem?

Not trying to be argumentative here, just trying to understand how responsibility is determined for these situations and why being caught up in another tree seems to change what I thought was responsibility for fallen trees?


Vegetation: Liability for a Tree That Falls Across the Property Line

Asset Protection: How to Protect Your Assets from Possible Future Debts and Medical Costs

I have no debt. But there are many people, including myself, that have an interest in making it difficult to collect an unreasonably priced medical debt. This is purely defensive and proactive in nature. We can all be sure that a good collection attorney has taken personal steps based on his/her knowledge to make it difficult for another attorney to collect a large chunk of his/her wealth.

I am neither a debtor or creditor. True, attorneys don't come here looking for jobs, but they are lurking.

How do you people plan to defend your assets in the event of a medical catastrophe when insurance fails to pay? Just let it hit you in the face? ....Or doesnt anyone here have anything in their pockets to worry about.


Asset Protection: How to Protect Your Assets from Possible Future Debts and Medical Costs

Federal Taxes: A Tax Shelter in Puerto Rico

Taxation in Puerto Rico.
Question-
Is disability income from a U.S. insurance company classified as earned income with regard to becoming a resident of Puerto Rico for tax purposes (in order not to pay federal taxes)?

I found this statement on-line:
You can qualify as a resident of Puerto Rico if any of the following is true:
1) You were present in the United States for no more than 90 days during the tax year.
2) You had earned income in the United States of less than $3,000 and spent more days in Puerto Rico than you did in the United States during the tax year.
3) Earned income is pay for personal services performed such as wages, salaries, or professional Fees. This amount does not include capital gains.
You had no significant connection to the United States during the tax year.

Many thanks.


Federal Taxes: A Tax Shelter in Puerto Rico

Maintenance and Repair: Obligation to Share Fence Upkeep Costs Along Easement

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

I own a house, the garage of which is accessed via a driveway shared by three other home owners (the "homeowners.") The driveway runs lengthwise, behind our houses. There is a corresponding series of houses along the opposite side of this driveway. The owners of these homes ("the neighbors") do not have legal access to the driveway; their houses are accessed via a different street. The neighbors have all constructed fences that separate their backyards from the homeowners' driveway.

Each homeowner owns that portion of the driveway directly behind their own house. Each other homeowner has an access easement across the other homeowners' properties for the purpose of ingress and egress.

I have been contacted by the homeowner several doors down, at the far end of the driveway. She is pressuring the neighbor directly behind her to replace the fence along their shared property line. This neighbor cannot afford the fence replacement. My fellow homeowner thinks the rest of the homeowners are obligated to help pay for her neighbor's fence replacement because of the access easement. I received an email today asking me to pay my share.

I am looking for information as to whether this is a thing. I am surprised to hear that she thinks my non-possesory right to an access easement may financially implicate me in the replacement of a non-adjacent neighbor's fence, but I am open to being educated in the matter. Any input is greatly appreciated.


Maintenance and Repair: Obligation to Share Fence Upkeep Costs Along Easement

jeudi 29 mars 2018

Legal Malpractice: Is My Issue Considered a Legal Malpractice and What Options Do I Have

"]My question involves malpractice in the state of: Pennsylvania.

My current attyn filed a cancellation of a scheduled arbitration with the court stating parties settled matter. This was done without my knowledge or consent. The opposing attyn submitted a Release of All Claims to my attyn. This was done 2 weeks ago and I met with my attyn yesterday to prepare for arbitration that same afternoon. At this meeting, the attyn stated to me that the opposing attyn contacted court and cancelled arbitration as they believed we settled. He also stated we are waiting for a new date for arbitration which should be in about two weeks. Basically, the entire meeting was a lie bc i took a trip to the courthouse after that. I retrieved a copy of his letter to the court cancelling arbitration and a Court Order signed by judge cancelling arbitration. After discovering this info, my attorney denied any court order until i emailed him a copy. Then he stated case is not settled until you sign Release of All Claims. He also said " how do you wish to proceed" and" I can request an Arbitration" I'm at a stand still bc during our meeting he discouraged me into settling and the high risk of going further. I'm not sure what options I have knowing this attyn was very dishonest and misleading with me. So my question(s) are; is there any legal recourse i can pursue? or what negotiations can i make with him if i continue to keep him at my attorney?


Legal Malpractice: Is My Issue Considered a Legal Malpractice and What Options Do I Have

Retail Fraud / Shoplifting: Does Summary Offense Retail Theft Appear on Act 34 Clearances

My question involves criminal law for the state of: Pennsylvania
Will retail theft show up on Act 34 criminal history clearance?


Retail Fraud / Shoplifting: Does Summary Offense Retail Theft Appear on Act 34 Clearances

Business Finance: Can I Sue a Bank for False Accusation of Fraud

My question involves business law in the state of Maryland.

I went to an ATM located outside in a rough neighborhood. I was a little nervous about being outside with a wad of cash because I did not want to get robbed. I quickly stuck the money into the ATM to make a speedy cash deposit, when I realized a tad bit too late that there was a limit as to how many bills you can stick into the ATM at one time.

The ATM showed me an error message and told me that I would have to call the bank because it could not release my deposit.

I called the bank and the bank instructed me to file a claim so that they could investigate the ATM situation and release my funds in a few business days.

Once the investigation was complete, my claim was denied. The bank informed me that they reviewed the camera footage from the ATM and based on that footage they believe that I did not put any cash into the ATM at all and that I most likely crumpled up a $20 bill along with some paper and made a false deposit.

As a result of the denied claim, the bank decided to close my account due to fraud and report all of their findings to Chexsystems and the credit bureaus. In addition to this, I lost the money that was REALLY deposited into the machine.

Because my account was a business checking account, this is negatively impacting my business. I cannot fulfill any of the payments that were coming out of that account on time because the bank froze my account. I most likely will not be able to open any other bank account, apply for business or personal credit, and many other issues resulting from a fraud flag following my name. I am being treated as a criminal and there is no way for me to do business with this on my record.

I went into the bank to get an explanation as to why this was all going on, and the bank would not talk to me about anything, instead, they confiscated my debit card in front of all their other customers.

I am worried sick because I do not know how to defend myself and I have been calling around trying to find the right type of attorney who could help me figure out what my right are and what I can do to seek justice for myself and my business.

Can I sue the bank? Or what can I do to clean up this mess? I may have been accused of fraud but I did nothing wrong and the bank has no evidence of anything fraudulent, just their assumptions based on camera footage.


Business Finance: Can I Sue a Bank for False Accusation of Fraud

Guardianship: Guardianship of Sibling Mother Mentally Ill, Homeless

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

I am seeking information on behalf of a client. I work in homeless services.

My client is an adult male - let's call him D. D recently got his own place with his wife and kids. D's mother has a documented mental illness, is homeless and a drug addict. D would like to take guardianship of his little brother (age 9), who has already been staying with him for the last month or so and is well taken care of. D states that his mother is willing to "give" his little brother to him and will sign whatever he needs her to sign (I have NO idea if this is how guardianship works). Little brother's father is deceased, so he receives survivor's benefits with mom as payee. As far as I know, there is currently no open CPS case. Although mom has been agreeable, she IS volatile, and D is worried that she will one day retaliate for "harboring" the boy.

My questions are:

- Is there such thing as a parent "signing over" guardianship of a child? If so, how does her documented mental illness (or other factors) come into play? Where do we start?
- If NOT, what are the options for guardianship? I don't think this situation warrants a CPS report, as the child is not being abused or neglected. D's financial resources are limited and attempts to visit or contact local legal aid clinics have been fruitless.
- If there are no options for guardianship, what legal repercussions could D face for "harboring" his little brother, if any?
- D did not add his brother to his lease because he assumed that he couldn't, since he's not his guardian - is this correct?


Any insight is greatly appreciated!


Guardianship: Guardianship of Sibling Mother Mentally Ill, Homeless

Traffic Accidents: Hit by Vehicle Merging into My Lane

My question involves an accident that happened in Sacramento, CA. At Watt Ave. where LaRiviera merges on, but prior to American River Drive Exit.

I was in the third lane from the left. I had just moved into that lane. Next thing I knew I was hit on my right front passenger area behind the headlight and in front of the wheel well. Driver of the other car says it is my fault. She wouldn't move out of traffic so I have pics of the actual resting place of the vehicles. The pics show her side view mirror clearly aligned with the middle of my dash, her car at an angle and my car centered in the lane. She crossed over a solid white line and was coming from a merging lane. I say she is at fault, my insurance company says she is at fault. At this point, her insurance company hasn't said either way. What really bums me out is that I haven't even had it two weeks......Thoughts?


Traffic Accidents: Hit by Vehicle Merging into My Lane

Purchase Contracts: Should I Sue Seller After Cancelation of Escrow

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

I am a buyer in a real estate transaction in Los Angeles, CA. Earnest money [EMD] has been deposited and escrow is open. Seller is refusing to give property information and documentation (disclosures) and after delivering a Seller Notice to Perform, still has not performed. I'm thinking of canceling the escrow and getting my EMD back.

Question is - can i still sue them for breach of contract after cancelation of escrow?
If i do not cancel escrow, what kind of remedies do I have?

Property in question is an apartment complex, not a SFR.


Purchase Contracts: Should I Sue Seller After Cancelation of Escrow

Other Violations: Left Turn Out of Commercial Driveway, Crossing Over Three Lanes

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

Is it illegal to cross over three lanes while coming out of a commercial driveway turning left? The driveway is from a gas station and in order to go left, you would have to cross over three lanes to get to your lane. It is completely UNSAFE, but I'm not sure if it is legal. Seems like crossing over three lanes to get to your lane would be illegal, but I can't seem to find anything in the Vehicle Code to state that.

In crossing over the three lanes, there is a double yellow line that you are also crossing over, but from what I can tell, crossing the double yellow is not illegal.


Other Violations: Left Turn Out of Commercial Driveway, Crossing Over Three Lanes

Repair and Maintenance: Responsibility of Rural Shared Fencing Costs

My question involves real estate located in the State of: California
I have read the articles on shared fencing. We have cows and our neighbor does not. There is an old barbed wire fence between us stretching a mile that has been there at least 30 years. When they want, our cows break through because of the age of the wire and because trees (from our neighbors side) have fallen on the fence. We have retrived our cows and done patches. Our neighbor has never helped or offered any compensation and does not want to share in the cost of a new fence because they don't have livestock. They do ride horses there etc. and say our cows present a hazard to their horses when they go over. I believe that we both benefit from a new fence. Are we fully responsible for the fence because we have livestock and they do not?


Repair and Maintenance: Responsibility of Rural Shared Fencing Costs

Collection Lawsuits: How to Find a Debt Collection Lawyer

My question involves collection proceedings in the State of: Ohio

Looking for someone with extensive collection experience, particularly in medical, hospital, nursing home, etc. asset/debt recovery. Secondly, that person must be willing to write a paper from the other side, on counter-measures that would thwart or slow from a proactive basis, a future asset/debt recovery effort.

In other words, you already know how to collect assets for hospital debts. What situations would thwart, styme or slow your efforts? Details.

Yes, this could involve compensation for the right person in the know.


Collection Lawsuits: How to Find a Debt Collection Lawyer

Settling a Debt: Who is Responsible for the Bank Loan After a Vehicle Levy

My question involves collection proceedings in the State of: CA

Regarding the levy of a vehicle that is being financed by a bank. Who is responsible for the loan?

From what I have researched, a levied vehicle will be sold at auction and any money collected has to go to the paying off the vehicle first. But is the debtor still ultimately responsible for the loan or does the creditor take ownership of the loan when they take possession of the vehicle?

Let's say I bought a brand new vehicle for $20k financed through a bank that was levied soon after and sold at auction for $10k. Who is on the hook for the outstanding loan balance?


Settling a Debt: Who is Responsible for the Bank Loan After a Vehicle Levy

Vegetation: Fallen Tree Onto Neighbor's Property

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

Hope I'm posting this in the correct place.

Property line for my parents and their neighbors converges in a wooded area. During a storm several weeks ago, a large tree which was rooted on my parents' side of the property line fell, and is now resting on/against a large tree on the neighbor's property. Both trees are entirely within the wooded area. Nothing has actually hit the ground or damaged any physical property items belonging to the neighbor. Hypothetically, if the neighbors' standing tree were to fall, it could potentially reach into their lawn outside of the wooded area and or hit something, although it appears that IF that were to happen, the tree would fall in the direction away from the neighbors' yard. At this point, several weeks later, I have doubts as to whether any future damage/falling of the standing tree could be reasonably attributed to the tree from my parents' property resting against it, since it has been fully supported now for such a length of time.

The neighbors have been leaving voice mails for my parents, initially indicating that the standing tree could potentially be forced down and damage their property. Now that that has not occurred, they are citing potential for neighborhood children to be hurt by climbing on the fallen tree, and repeatedly demanding to know what my parents are going to do about it (note that there are no neighborhood children living in the immediate area - both my parents and the neighbors are in their 70's - neighbors do have grandchildren that occasionally visit).

From what I can see, the fallen tree appeared to be healthy prior to the storm, and fell due to wind/wet soil/uprooting. The only actual visible damage at this point is scraped bark on the neighbors' tree where the falling tree hit it. The fallen tree is now leaning against and being held up by the standing tree - the fallen tree appears to be fully off the ground, and suspended/balanced between trunks of the standing tree.

Are my parents responsible for the tree falling from their property and onto the neighbors' property? Are they responsible for removing the fallen/leaning tree from the neighbors' property? Are they liable for any subsequent injuries to individuals who may attempt to climb on the trees, which are now both on the neighbors' property? This seems to me as an act of God that felled an otherwise healthy-looking tree, and that my parents have no ability/responsibility to control potential future actions of children/adults on the neighbors' property, or liability for hypothetical injuries resulting from such actions.

I always appreciate and enjoy the advice provided on these forums. Hope I've provided sufficient detail that someone can help determine the proper/necessary course of action (if any).


Vegetation: Fallen Tree Onto Neighbor's Property

Presumption of Paternity: Fraudulently Signing the Birth Certificate

My question involves paternity law for the State of: Maryland

My brother's girlfriend just had a baby that he knows is not his (he took a home paternity test). Both of them have decided not to tell the real father because they claim he is "no good" and will not want anything to do with the baby.

When she first became pregnant this other man tried reaching out to her several times claiming he knew the baby is his and that he wanted to be part of his life. The baby was born 3 months early and I don't believe the real father knows as of yet.

My question is, if my brother signs that birth certificate knowing he is not the father is this illegal and will he face any repercussions if the real father finds out? I am trying to talk my brother into doing the right thing by adopting legally but he will not listen.


Presumption of Paternity: Fraudulently Signing the Birth Certificate

Speeding Tickets: Cited for Under Pa Veh. 3361

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

My daughter was cited under PA Title 75 Section 3361, Driving vehicle at safe speed. She's 20 so she's not a minor. She was involved in an accident, per her account, she was exiting the highway and lost control of the vehicle. The weather conditions at the time were Sleet (Hail) as reported on the citation. I believe the officer showed up after the accident happened.

I have a few questions, and I can provide more details if needed. How can an officer say she was driving too fast for the conditions if he wasn't there to witness it? Since this happened on a highway, it's covered by the state police. I've had my fair share of speeding tickets in the past, and when I go to the local township, they will usually change the violation to something not involving points. I don't know for sure if she was speeding or not, but from my experience, she's generally a safe driver. Does the same thing happen with state police? I'd be OK paying a fine, but I would like to get the points removed.

Thanks!


Speeding Tickets: Cited for Under Pa Veh. 3361

Adoption of Adults: Adoption of Adult

My question involves adoption law for the State of: Illinois

My daughter is 19 years old. Her biological father is on her birth certificate. She wants him removed. He has not been a part of her life for many years. For the majority of her life my husband (her step dad) has been her "father". She wants to credit the man who has helped her become the person she is today and her biological father is not that person. She is not looking to change her name just the father's name on her birth certificate. What does she have to do to make this happen?

Thank you


Adoption of Adults: Adoption of Adult

Wisconsin Sex Offender Moving to Ohio

My question involves criminal law for the state of: Wisconsin

I am a lifetime registered sex offender in Wisconsin. I did my time and have been off parole for a bit now. I recently moved to Ohio and registered there. A few days ago I received a letter from Wisconsin stating that I still need to register there. How can I still be held under Wisconsin law if I don't live there?


Wisconsin Sex Offender Moving to Ohio

Traffic Accidents: What Happens if Policy Holders Insurance Will Not Cover Everything

My question involves an injury that occurred in the state of: NY. Oct 2016, a young lady ran a stop sign..I hit her in the side. I was hospitalized 4 days. I had surgery for a torn hip labrum, which retore. My no fault ins coverage of 50,000 has been used. I stopped PT as I felt worse, now with my gait off and weight gain because of pain, and lack of activity, my spine has been compromised. My hip dr does not take my private ins, and I have called numerous drs to do this surgery, and am at a dead end. Also, I have disgusting scars on my stomach, which has to be drained of fluids. Instead of 2 little bellies, I have four gross deformed ones. My lawyer received a settlement which we refused, 50k. Her policy is only for 100k..I probably will not be able to work again, or at least in my field, I have no social life, and just at a loss. I'm not trying to get rich, but this accident has dramatically effected my life. More then likely the settlement wont cover future medical...As of now I dont know if they had other policies or umbrella. The young girl was in her mom's car. My lawyers are leaving me clueless..any advice? I'm at a standstill with my health w drs also!


Traffic Accidents: What Happens if Policy Holders Insurance Will Not Cover Everything

Attorney in Need of Brainstorming procedural matters.

My question involves court procedures for the state of: Louisiana


Attorney in Need of Brainstorming procedural matters.

mercredi 28 mars 2018

Maintenance and Repair: Who Maintains Utilities That Run Through an Ingress/Egress Easement

My question involves real estate located in the State of: Idaho
I am purchasing a piece of land to build a four plex. The land has an ingress/egress easement that is only recorded on the beneficiary property's deed. It is not recorded on mine. The ingress egress easement runs along the north edge of my property for about 170'. According to the landowner who needs the easement, the utilities also run underground along this easement, except for the sewer line. He claims that this line runs through the middle of my land.

My question is who maintains these utilities? We may have to move the neighbors sewer line in order to build on my parcel. Once we have moved the line to the north boundary, where his other utilities are, who has to maintain these utilities?

If he has a flood because the water line in the easement breaks, who calls the backhoe in the middle of the night to dig it up? And who repairs the driveway once it has been dug up? Utility companies typically only maintain lines up to their meter or up to the property line, but I am pretty sure they don't mean to maintain his line all the way across my land. Or do they?

I am pretty apprehensive and confused. This property was subdivided a very long time ago and the plat map of my parcel does not show his easement at all, nor does it show any utility easements on his land or on mine.


Maintenance and Repair: Who Maintains Utilities That Run Through an Ingress/Egress Easement

Issue with Attorney and Amount of Check

Are you supposed to sign a release before receiving or cashing a settlement check? My lawyer has not had me sign any papers. He has already received the check and deposited it in his account. His asst called me and told me I would receive a breakdown of bills and attorney fees and what not in my email. After viewing the attachment she sent the leftover amount for me was incorrect. I was told if I agreed with everything to give her a call or email back and could pick up my check Friday. This does not sound normal at all, they seem like crooks and how did they receive the check and deposit without me signing a release form???????


Issue with Attorney and Amount of Check

Business Finance: Unauthorized Ach Debit

My question involves business law in the state of: Florida

I recently noticed a debit from my business checking account for $1,995.00 that I didnt authorize. This was drafted from my account on 2/16/18 and i went to the bank mon 3/26/18 and filled out a claim form which they said should be returned in 2-3 days. I havent seen the returned amount and i would like some advice to the best way to approach it. I recently applied for a capital loan but did not agree with this company (Fast funds Pro) for funding, however, I did send them banking info for an option. Any suggestions?

Thank you in advance.


Business Finance: Unauthorized Ach Debit

Drunk and Impaired Driving: Connecticut - False Tip Lead to DUI Arrest, Blew .04 at Police Station, Need Help Ct

My question involves criminal law for the state of: Connecticut

I don't know exactly where to start, but will include all pertinent details and timeline.

After being awake for 19-20hrs and just having finished a 10hr serving shift at a local pub, I received a shift drink. 9.1% 16oz beer, at midnight, but had eaten very little all day. I decided to stick around and help the bartender clean up and left the pub. Got in my car; and at 2:22am, took a screen capture of my gps to message my girlfriend that I would be there in approx. 17 min, but I would be a little later because I had to stop for gas. (I also took a picture of my digital gas guage saying I had a 5 mile range, time stamped 2:23am.) I put my phone into the hands free grip on my dash. She messaged me a few times along the way suggesting gas stations but all were closed. At 2:36am I arrived at the gas station and replied, "I am at the gas station at the end of your street" (3 min to destination on GPS). I then got distracted and sat on my phone for about 10 minutes. I then went to the attendant window and gave her 20$ cash, no receipt, and went back to my car to pump gas. It was very cold and windy, the gas nozzle had a lock in it, and since I had prepaid and knew I wouldn't go over, I locked it and waited in my car for it to finish. (Car was off.) I sat in my car for about 10-15 minutes total, on my phone, I didn't want to browse or text and drive.
At 3am. 24 minutes after arrival, I did a screen capture of a product I'd just found and wanted to get on the app LetGo and sent it to my girlfriend. (timestamped, and metadata attached to photo) I got out, put the nozzle back and proceeded to drive away. Within 200 yards of leaving the gas station, I looked into my rearview mirror and was distracted by the bright, close headlights, and crossed over the double yellow line. This particular section of road has potholes and is heavily bowed in the middle to promote runoff from rain/snow etc. Immediately, Police lights came on and I was being pulled over. (Note: I have been pulled over 2 other times within the past 2 months by the same Troop, after leaving my bartending shifts around the same time, having nothing to drink and passed far more extensive field sobriety tests and have been sent on my way, with no ticket/issue whatsoever, one of those times I was in the presence of 5 police officers in at least 3 cars - performing and successfully completing the tests).

This particular time the police officer immediately states that the reason I am being pulled over is because I "failed to maintain my lane, and that he had received a call from the local gas station that I had been there for over 40 minutes and that constituted as suspicious behavior." (This is completely false. Even with the completed arrest, my ticket is timed 36 minutes after I ARRIVED there)(I also believe this to be a conflict of interest, as this gas station is also a towing service, and the person who called in the false report was the tow truck dispatcher, therefore profiting from the tow that resulted from their call. I would not have been pursued or pulled over had the false report not been made. I also believe this detail to be a key variable leading to my arrest). The police officer asks if and how many I had to drink, I honestly stated that I had 1 beer and when, started almost 3 hours earlier (but drank slowly), and that I had believed it to be metabolized, or I wouldn't have driven. He asks if I am diabetic or have any injuries, and I stated that I had major knee surgery about 2 years prior and had my miniscus removed, and that it was very after this long shift on my feet.
He said he smelled alcohol on my breath and told me "I need you to step out of the vehicle". He commenced to doing the pen following test, but holding it far into my periferal vision causing me to squint with one eye trying to follow it. Then he made me walk heel to toe, 9 steps, turn and repeat, but mentioned trying to find a flat place in the road, as described earlier, it was uneven. I went one way no problem, pivoted on my heel and after maybe the 4th step back, mistepped. I was immediately told to stop that test and he had me balance on one foot. I followed the instructions, lowered my foot when he asked to 6 inches, flattened my raised foot out when he asked, and didn't waiver at all or lose any balance, but mentioned my knee hurting. With a nod of the other officer he immediately handcuffed me and told me I was under arrest for DUI and had failed my field sobriety test. Again, it took all of maybe 3-4 minutes, whereas my previous tests lasted much longer. Also, he focused on the specific thing that I told him was my weakness.
My car was then towed by the same gas station/tow service that called and made the false report. I arrived at the police station and cooperated fully. He had me take a breathalyzer test on a huge complex machine and I blew .04 He stated "Well... thats never happened before" and that he had to get his Sargeant. He wouldn't allow me to take the 2nd confirming blow, and instead the Sargeant said I had to take a Urinalysis instead. I agreed, and it has to get sent off to a lab. My court date is coming up in 1 week and I don't even know if the results will be back in time for my trial. I was told that my license would be suspended for 45 days, 60 days or more, and that I would have to sit in this cell for at least an hour.
Instead, 15 minutes later, I am called back into the administrative checkin area, given back all of my belongings and phone, allowed to call for someone to pick me up, given back my license and told that it wasn't revoked, and that I could drive but couldn't retrieve my car from tow until they officially opened (even though they were a 24hr tow service). 8 hours later I retrieved my car and had also been charged a 'lot fee', and had to pay 128$ to get my car out.

I have never been arrested before. I have virtually no negative traffic record. I am TIPS/ServSafe certified over 10 years and fully understand responsible alcohol consumption and service. I am over 21 and do not have a CDL license. I know that I am going to have to pay court costs and for a public defender. I feel that due to this conflict of interest, false statement, I was pulled over. I contacted a lawyer and was qouted a 500$ retainer (+ court costs) and frankly I can't afford that. I have been advised by another friend to accept the public defender and ride it out, that the scientific data is the determining factor and that I blew far under the legal limit, that the Prosecutor may throw it out, but that I will likely have multiple court dates if the urinalysis hasn't returned. (Nothing else will show up on that).

Ultimately, I would like this expunged from my record. I do not believe that I should have been arrested. I do not want this to affect my insurance premium. Honestly, I would like to be refunded my towing fee court, and public defender costs.

All of this hinged on a false report. I don't know how to get local law inforcement to investigate the dispatcher that called me in, or to check the surveilence cameras to confirm the exact times of my arrival and departure, proving her statement false. Investigating the practices of this tow service and if this has happened before; if the attendant/dispatcher profitted directly through some type of cash commission or personal relationship to the tow-truck driver or business owner. Not to mention the post traumatic stress that I have endured since the arrest, the heightened anxiety and depression associated, and the potential lost wage of me having to take off work to go to court. I have all of these metadata/messages/time stamps printed and organized, including the receipt for my drink. I have countless character witnesses/managers/co-workers that could attest me serving and consuming responsibly.

I am looking for any advice. How do I achieve the best possible outcome proving my innocence and minimizing expenses associated and what do I need to do to file a report against the tow service or individual?

Thank you so much for your time and for reading this.


Drunk and Impaired Driving: Connecticut - False Tip Lead to DUI Arrest, Blew .04 at Police Station, Need Help Ct

Sale and Deficiency: Selling Old Car

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

I am planning to sell an old car that still runs and works great in the local area (basically not recommended to take out in a freeway and highway etc). I been using the car for years runs fine locally does the job (going to the store, work, etc) nothing to go long distance since its kind of old and high chance it would break. My question is I know someone that might potentially buy it, but I want to play it smart. The car wouldn't have warranty it would be sold as is. I want to make everything clear here so how would I take this into matter (basically the day the car is sold its a done deal, if the car ends up breaking on them it would be on them and not something they can try to claim on me since the car was running when I was showing them and they can see for themselves)? Should it just be something you can verbally agree and would be good to go or is it something to write down and have both parties agree to the terms and sign it?

Just to add been giving this person numerous rides for years now and as I mentioned the car works very good to ride locally they don't have a car so it would save them money in the long run since paying for a taxi gets expensive. The thing is I don't want to sell the car and it breaks and than they want some type of warranty on it etc.

Also any other points would be appreciated (basically change ownership asap as well to them if the deal goes through) how to do the whole ownership change going to DMV or possibly can call the phone etc.


Sale and Deficiency: Selling Old Car

Social Security Issues: Is It Possible to Have SSI Over-Payment Penalty Waived

Due to having cancer and a few other circumstances I was not able to work at age 62, so I had to take early SS payments for some sort of income. Miraculously, I was offered a job in 2016 taking care of an Alzheimer's patient, which paid me more than I was allowed and more then I made my whole life. I didn't know I was could stop SS payments for that year. The patient passed away April 2017, and I have not been able to find work since. So now I have no income and SS is taking away my checks for the next 12 months. I spoke to them and they said it is what it is. I am now 66 so I can make more money but now I desperately need those monthly checks. I only get 570 because most of my life I was a stay at home Mom and when I did work I didn't make much. I don't understand how they figure this out. Did anyone else ever experience this or know of anyone that has had these penalties waived? Also, since I made more money in 2016 and part of 2017, will my future payments be a little higher? I tried to get answers from the SS but they don't explain things in plain English. Does anyone have any input to this situation? Thank you.


Social Security Issues: Is It Possible to Have SSI Over-Payment Penalty Waived

Issues with Neighbors in Apartments

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

The tenants in the apartment under me fight daily. They scream, yell, bang and slamming stuff all the time. There has also been several instances where they are smoking marijuana and my apartment smells like it. I have made continuous complaints to both management and the police. The police have confirmed drug usage coming from that unit and there is a small child living with them. I also have 3 small children living with me. This has been going on for 3 months now and management only continues to tell me they are working on it


Issues with Neighbors in Apartments

Opening an Estate: How to Cash a Check Made Out to an Estate Without Going Through Probate

My question involves estate proceedings in the state of: Florida

My dad left me as beneficiary but he didn't have a will and I received a check for $2280 made out to the estate of :
Do I need an attorney to be able to cash the check? What steps should I take? I have all his paperwork, birth & death certificate, accounts, etc.


Opening an Estate: How to Cash a Check Made Out to an Estate Without Going Through Probate

Duty on Goods Being Brought in Temporarily That Were Not Paid for

Hi :)

Quick note: I live in CT, and the only distributor is in FL.

I will be driving into Canada, and picking up a pair of speakers, that I will bring back to the USA. The country of manufacture is Germany, and the distributor in Canada will be giving me these speakers on a temporary basis (a few days), at which point, I will drive the speakers back and return them. They are to serve as a demo pair, to determine whether or not I wish to buy a pair. If I do, it will not be this pair; this pair will be returned regardless. The distributor will be placing a hold on my CC, but not charging it.

I am wondering if I am supposed to pay duty on these speakers. My initial thought is no, as I am not paying for them, but I want to be sure before I go through the process.

I have spoken to CBP, and they do not know. I am trying to find the statute, but can not. What I can find, is that one is supposed to pay duty on items imported into the USA. So, as far as I can tell, the real question here, is whether or not bringing in goods on a temporary basis and not paying for them qualifies as 'importing'.

Anyone know? Thanks in advance.


Duty on Goods Being Brought in Temporarily That Were Not Paid for

Professional Conduct: Attorney Fails to Act on Your Behalf

My question relates to legal practice in the state of: Arizona
Client had been interviewed twice by detectives, client feels something is missing upon reviewing the taped interview. Client tells attorney and client feels attorney thinks that client is mistaken or not being truthful. So client has the C.D. analyzed for edits, no edits had been disclosed. CD was found to have been edited by a break in the back ground noise which is graphed and results are given with the proper documents for "chain of custody". Is this a big deal?? Client really thought so but attorney ignored the whole issue stating that it did not matter if detectives tampered with the CD which was evidence. What should a client do in such an event? I do believe that all taped interviews should be analyzed. Any input? Thank you for your time.


Professional Conduct: Attorney Fails to Act on Your Behalf

Other Offenses: Ineffective Assistance by Not Informing Client

My question involves criminal law for the state of: Arizona
I would like your input regarding the following issue. Defendant is assigned a public defender (I've seen private attorneys do it to) and you are now at your Preliminary Hearing. No one informed you that you may have people come in and speak on your behalf, saying why it was not you. The officer has not shown up for the hearing. It is then docketed as if the defendant has asked for a continuance for a "witness preliminary hearing." Of course the defendant has no clue about what is taking place as his attorney does not inform his client. How do I know this? How many client would agree to ask for a continuance so we can have a "witness prelim hearing" which in turn stops the time frames from running against the State? A big fat Zero, O. This motion/action is not in the best interest of the defendant, and defendant is never given an option. With the time frames being "stopped" is how defendant can end up waiting for days, weeks and even months for new court date to come around. How can such an event take place and it not be ineffective assistance right from the start?? The attorney is like helping the court not his client. I thank you for your time and attention regarding this matter which drives me crazy to see done all the time.


Other Offenses: Ineffective Assistance by Not Informing Client

Help

My question involves criminal law for the state of: AR


Help

Legal Fees: Contingency Agreement.if Settlement in Installments, Lawyer Gets Full Amount First

My question relates to legal practice in the state of: Washington

Hi...If I enter into a contingency agreement for a debt collection, does it seem fair that if a settlement is obtained which is to be paid by the debtor in installments that the lawyer will receive
their contingency portion of 33% in the first installments before I receive anything?...I can understand the 33% coming out of a one-time full settlement paid out to the lawyer, but if it's installments and the debtor only ends up making the first 50% of installments, I'd be really screwed...is this standard?...should I try and negotiate this point before signing the agreement with the lawyer?

Here is the clause:
"In the event settlement is achieved by means of future installment payments (such as
annuity or structured settlement or other form of deferred compensation), the
Attorney’s fees as to future payments shall be computed upon the present cash value
of the future installment payments and paid from the first funds received."


Also, is it standard that the client should pay all costs regardless of whether the attorney is successful in the collection?

Thanks!


Legal Fees: Contingency Agreement.if Settlement in Installments, Lawyer Gets Full Amount First

mardi 27 mars 2018

Passing a School Bus: Got a Ticket for Passing a School Bus, but It's Lights Weren't Flashing

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

Was surprised to open the mail this afternoon to see a ticket for $420 for passing a school bus. It was from about 3 weeks ago, and sure enough the video shows me slowly creeping past the bus.

I remember this incident clearly- the bus was slowing with its brakes on, and eventually stopped (because traffic in its lane had stopped). By the time I came up next to it, I noticed the little stop sign was out, but it's lights never flashed and no children were getting on or off.

On one hand, the second I noticed the little stop sign I should have slammed on my brakes (presumably?) but I also wonder about the legality of being issued a fine if not all the working warning signals were functioning properly. The lights of the bus are, of course, not in the video so the video doesn't show what I need it to- that the lights weren't flashing giving drivers warning.

Coincidentally, I'm a teacher so I of course want to always protect children. The other part of being a teacher, however, is that I am pretty broke. I certainly expect the 'you broke the law, pay the fine' responses, but am also curious if this is worth fighting.


Passing a School Bus: Got a Ticket for Passing a School Bus, but It's Lights Weren't Flashing

Vehicle Accident Lawsuit Lawyer Fraud

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

Hello,

My wife was involved in a not at fault vehicle accident while pregnant in 2015. We hired a lawyer to represent her injuries and after nearly 3 years the lawyer called us to meet in his office and they informed us that the most they were able to get is $20,000 for Pain and Suffering/medical expenses which will also entitle 33% lawyer cut. We agreed with them to moved forward and close the case if that is all they can do.
Last week they called us to come in and sign papers and the check. They had a Release of All Claims document prepared and another document breaking down the lawyer fees etc...and the final amount that we were left with. We asked them if they can provide us with the Final Settlement Agreement letter from the insurance but all they gave us is the Release of All Claims and we felt as if they were trying to hide it the Final Settlement Agreement from us.
Today, I called the insurance company and had them pull up the Claim and the insurance agent informed us that on February 22, 2018 they issued 2 checks for the amount of $20,000 each but he couldn't provide any additional information such as check numbers and suggested that we talk to the insurance adjuster that's handling the claim.
Unfortunately the adjuster was out of the office we left him a voicemail.

My question is, will the insurance adjuster tell us about the issued checks if in fact there were 2 checks or 1 ? or will they refuse to provide us any information since a lawyer is representing our case. If the answer is no how can we go about finding out? should we request something from the lawyer? if yes what document are we asking them for?

Is there another way to find out with out asking the lawyer? I just don't want them to sense that were investigating till were 100% sure.


Your help is greatly appreciated

Thank you in a dvance


Vehicle Accident Lawsuit Lawyer Fraud

Cohabitation : is a Contract Enough

My question involves marriage law for the State of: Tennessee.

Basically, the scenario is: my partner is purchasing and titling the home in their name. I am paying 50% of the down payment, all closing, mortgage, and other costs regarding the home, it’s purchase and maintenance.

We would be signing a detailed cohabitation agreement in front of a notary and 2 witnesses. Should things go south, and we split up, would proof of my financial involvement and the signed cohabitation agreement be enough to protect myself and my financial investment into the home?


Cohabitation : is a Contract Enough

Runaways: What Would Happen if I “ran” from My Foster Home

okay so i live in a foster home, i’m 16 and i want to go home. If i pack my stuff up and go back to my moms without my fos parents consent will i be considered a runaway? And will they make me go back? or will cys or something do something else?


Runaways: What Would Happen if I “ran” from My Foster Home

Business Management: Vendor Overpayment - Ethical

My question involves business law in the state of: Kansas

An inadvertent over-payment / paid twice to a vendor presents this ethical delimma: Do we notify? It's not a lot of money - less than $200.00. They are a long-time (more than 10 years) trusted, valued vendor. It's our sloppy accounts payable system - and yet a mistake like this has not been made (using the same accounting method) for 20 years. We stand ready to accept full responsibility and not ask for re-payment - again it's not that much money! It's the ethical thing that presents the problem. It would be so much easier to just keep quiet - right? It's a full page letter with supporting documentation to the tune of 12 pages. So much more trouble than it's worth, and the only one who loses are those that made the error! Why the need to rational then? Yes, it is embarassing to expose even small mistakes, makes one look unprofessional, and on and on. Thanks in advance for ethical advice.


Business Management: Vendor Overpayment - Ethical

Abandoned Property: Am I Obligated to Store Belongings if They Are Not Picked Up by Agreed Date

My question involves personal property located in the State of: Colorado
I have been storing personal belongings for my ex-boyfriend for many years. He has never lived on my property. He split with me several months ago, but has put off collecting his belongings ever since. We finally agreed in a phone conversation that he would pick them up within two weeks. I sent him a follow-up email and a certified letter to his last known address that was signed for and receipt returned, detailing our conversation. A few days prior to the end of that two week period, he sent a reply email asking for an extension on the final date. He also stated that he had not, under any circumstances, abandoned his property. I did not reply. Am I still obligated to store his belongings, even though he did not honor our agreement?


Abandoned Property: Am I Obligated to Store Belongings if They Are Not Picked Up by Agreed Date

Disputing Debts: How Do You File a Motion for Discovery

My question involves collection proceedings in the State of: TEXAS (Dallas County).

Hello all,
My brother was recently served papers for a debt collection lawsuit in a our district's JP court and I'm trying to help him plan out his next steps. We've done some independent research and believe we should be filing a motion for discovery to show proof that they're the legal owners of the debt. My problem is, I'm not exactly sure how that's done. Is this a form we need, or a notary-signed document? How would we go about filing this?

Thanks in advance for your help!


Disputing Debts: How Do You File a Motion for Discovery

Parking Violations: Hit by a Reverse Parking Car in a Parking Lot

My question involves a traffic ticket from the state of: Texas.

I just got hit by my colleague today in the parking lot outside of our office. He was in front of me(we are going same direction) trying to back into a parking spot. While I'm behind him trying to park into the same spot... I didn't know his is going to back into that spot since there are plenty of other spots on the other side where he can just drive in, so I was trying to drive into the spot behind him. He had a pretty big truck so he didn't see me(in a small sedan) behind him. As soon as I saw his reverse light came on, I stopped my car and horned at him. He did stop at the moment he hit my car.

So who should be responsible in this case?


Parking Violations: Hit by a Reverse Parking Car in a Parking Lot

Settling a Debt: Refusing Cash for a Debt

My question involves collection proceedings in the State of: California

This question is about an article I read about the Franchise Tax Board making a policy to not accept cash but can also apply to other debts. The article talked about Section 31 U.S.C. 5103 "Legal Tender". It says that the law does not require FTB to accept currency as a form of payment. What the article did not talk about is UCC 3-603(b) tender of payment. California also has laws that reflect 3-603(b).

Lets say you owe the FTB $100 and you go to a field office and present a $100 bill and they refuse it. Well im sure they would keep coming after you regardless of what laws you quoted to them. You would then need a judge to either force them to accept the $100 cash you are presenting them or to discharge the debt. Im just curious what cause of action you could use in your complaint.


Settling a Debt: Refusing Cash for a Debt

Contractors and Subcontractors: Mechanical Lien Invalid

My question involves a consumer law issue in the State of: Illinois, cook county.

My parents hired a contractor to do construction on their townhouse. He did not complete the work as requested, and after several attempts at communication, my parents stopped payment on $2800 that was due on their CC. The contractor wrote them an email saying they now owed $11800 and that he would take action. We never signed a contract with the 11,800 amount, nor did we verbally agree or sign a contract with this amount. He sent this and filed a lien against the property within the 4 month timeline.


The insurance provided states the company insured as C&C Investments of Chicago. When I search this online, it comes up as C&C Investments of Chicago, LLC.
Our contractor is named Robert Cruz, I believe he has created this company named C&C Investments of Chicago. He is not a subcontractor, but the owner.

The Lien is filed with only his name, no mention of "C&C Investments of Chicago, LLC" Would this be grounds for a dismissal? If so, can I take care of it or do I need a lawyer?


Contractors and Subcontractors: Mechanical Lien Invalid

Traffic Accidents: Traffic Accident I Was Not Involved in

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

A few days ago my insurance called me to get some details on an accident that they said I was involved in back in August of 2016 in the LA area.
Supposedly I rear ended a car. The damaged party has hired an attorney and in addition to the driver there was a passenger in the damaged vehicle as well.

But... my car or myself were nowhere near that accident. I live in the Bay Area and on the day of the accident I was at work, in the Bay Area. My car was parked in the commuter train parking lot. In addition, the car they say I was driving has never been to LA for the duration of my ownership of it.

My insurance wasn't very helpful. But they were able to give me the names of the driver/passenger/attorney. I called the attorney's office and let them know that it couldn't have possibly been me. Waiting for a call back now.

I can only guess that the driver/passenger remembered the license plate wrong, and a search of said plate revealed my car. On the other hand, this could be fishing or a possible scam, and I'm not sure what I can do about it.

Some advice?


Traffic Accidents: Traffic Accident I Was Not Involved in

- Doctors Counting Pills Not Prescribed by Them (Maryland)

Hello,

I am not sure if this is considered malpractice, and I apologize if I am posting in the wrong section. This was the only "medical" thread I could find.

I am prescribed a benzodiazepine (Xanax). This is prescribed by a Psychiatric Nurse Practitioner.

I started seeing another doctor, unrelated completely to the Xanax prescriber. This other doctor is forcing me to bring in my Xanax script every month so they can count it.

Is this legal? Why would they want to count something prescribed from another person?

Again, I hope I am not sure what the best course of action would be, but I am hoping that this will get me headed in the correct direction.

I am in Maryland.

Thank you so much in advance.

Best,

gXk


- Doctors Counting Pills Not Prescribed by Them (Maryland)

Breaking a Lease: Breaking a Commercial Lease

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

I have a letter of intent (LOI) and signed commercial lease. I believe the lease is invalid for the following reasons:

1) Since there was no Certificate of Occupancy (CO), I have been informed by the city that any lease would be illegal and unenforceable (the municipal code states the same) Prior to learning of this, we did make a few monthly rental payments;

2) Later, in Landlord/Tenant court, the judge informed me that the lease was unenforceable, no rents were due until the CO was issued;

3) Contracts require consideration to be enforceable. After the CO was finally issued, no rent was paid, so no consideration.

4) The building had unauthorized expansion of square footage. No permits or inspections. The unauthorized expansion was around 40% of the total area.

Assuming the lease was unenforceable, all we have is the signed LOI. I believe the terms of the LOI to be enforceable, especially given the fact that I relied on the LOI to start working on the project.

Would you confirm the enforceability of leases without a CO or consideration? Would payments before getting a CO constitute consideration?

Also, would the LOI be binding? There was no disclaimer saying it was non binding, and I relied on the LOI by starting renovation.

What about the misrepresented square footage?

Thanks


Breaking a Lease: Breaking a Commercial Lease

Commercial Lease Contract

My question involves business law in the state of: New Jersey

I have a letter of intent and signed commercial lease. I believe the lease is invalid for the following reasons:

1) Since there was no Certificate of Occupancy (CO), I have been informed by the city that any lease would be illegal and unenforceable (the municipal code states the same) Prior to learning of this, we did make a few monthly rental payments;

2) Later, in Landlord/Tenant court, the judge informed me that the lease was unenforceable, no rents were due until the CO was issued;

3) Contracts require consideration to be enforceable. After the CO was finally issued, no rent was paid, so no consideration.

4) The building had unauthorized expansion of square footage. No permits or inspections. The unauthorized expansion was around 40% of the total area.

Assuming the lease was unenforceable, all we have is the signed LOI. I believe the terms of the LOI to be enforceable, especially given the fact that I relied on the LOI to start working on the project.

Would you confirm the enforceability of leases without a CO or consideration? Would payments before getting a CO constitute consideration?

Also, would the LOI be binding? There was no disclaimer saying it was non binding, and I relied on the LOI by starting renovation.

What about the misrepresented square footage?

Thanks


Commercial Lease Contract

Health Insurance: Weren't Told About a Condition at Age 11: Deterioration Since then

My question involves insurance law for the state of: California.
Is this negligence on the part of my daughter’s medical insurance provider? My daughter had X-rays taken of her back at ages 11 and 24 (recently), and there have been big changes that we were not warned could happen. The X-ray was done at age 11 because I saw a curve in her upper spine. I was told that she had a 10-degree curvature in her upper back, with kyphosis, and it wasn’t anything to worry about at that time. Both Diagnostic Imaging reports stated that one of her lower vertebra is partially fused to her hip bone (in layman’s terms.) The Digital Imaging report done at age 11 noted that this “produces a mild tilt of the pelvis” and deferred further analysis to her GP. No treatment was recommended. We were not told about any of this when she was 11. Recently, at age 24, she saw a chiropractor regarding long-term back pain and tingling in her hip joints. The results of the X-ray he took made her go to her doctor for a closer look, as he had told her she had a fused vertebra and sacrum. The Diagnostic Imaging report from her medical insurance provider noted the fused vertebra and “degenerative changes”. It incorrectly states that there was no previous test performed. An X-ray upon which this report was based shows a significantly tilted pelvis and curved LOWER spine. My daughter is nearly 6 feet tall, is very active, slim and physically fit. She has always been unusually tall and lanky for her age. She makes her living teaching dance and doing aerial performances, including contortion. She has been unusually limber since she was a baby. We are concerned about the long-term health problems she might encounter. Was the insurance provider negligent in not informing us of the fused vertebra and tilted pelvis when she was 11? Could they claim that her work as a contortionist played a part in the changes in her bone structure, and they are not liable? What recourse does she have?
Thanks.


Health Insurance: Weren't Told About a Condition at Age 11: Deterioration Since then

lundi 26 mars 2018

Received a Speeding Ticket While Passing

My question involves a traffic ticket from the state of: Minnesota
I received a speeding ticket today for going 70 in a 60 while passing another vehicle on a two lane road.
I was actually clocked going going 76 but the state trooper said my pass was fine. Now my point is Minnesota has a law that states that the speed limit is increased by 10 when passing on a two lane road where the speed limit is 55+.
When I asked the trooper said that it only applies to 55mph roads not more. I looked it up and it is clearly 55+ so 60 is included.
So my question is would it be worth it to challenge the ticket based on the fact that I was technically going 76 in a 70?


Received a Speeding Ticket While Passing

Dog Fight at Dog Park

My question involves an injury that occurred in the state of: Texas. While at a dog park, our dog and another dog got in a fight. The other dog received wounds to its hind leg and ours was injured on her face and back. While trying to separate the dogs, the owner of the other dog was bit. After the dogs were separated, I sent the owner our dog's rabies vaccination records. We received a call from the police department and they said animal control would be in contact with us but never heard anything from them. Today (a month later) we received a letter from the owners of the other dog demanding $507 for emergency vet fees. Are we responsible for these fees?


Dog Fight at Dog Park