mardi 31 juillet 2018

Post-Conviction Relief: How Far a National Background Check Goes in the State of Kentucky

My question involves criminal law for the state of: How far in Kentucky can the school system go back in a national background check?
My records was originally sealed and does not show up locally in the state it happened in or in another state. Upon doing a national check it shows up something from over 20 years ago. I just want to know if this can I fight this if the law states in that state that the national check can only go back 10 years, can I get my job back or what other options I have?


Post-Conviction Relief: How Far a National Background Check Goes in the State of Kentucky

Applying to Rent: Can You Even Be a Landlord if Youre a Convicted Criminal

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


Applying to Rent: Can You Even Be a Landlord if Youre a Convicted Criminal

Traffic Court Issues: Trial De Novo: Set for Next Week: What to Do if Court Were to Deny Continuance

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



A quick court date for my TDN was scheduled, leaving me little time to prepare (No doubt the fast scheduling was done to stymie any discovery angle)

Now my plan is to call court tomorrow (closed now), asking for a continuance. If request were DENIED, what would my next move be (other than immediately mailing my discovery request to DA?)

ANOTHER ISSUE (WITH SUB-ISSUES): My court has TWO judges. One already found me GUILTY (TBD). And one is set to hear my Trial De Novo (This dude always handles CHP tickets issued by cops working out of my chippy's previous field office). As a result, I'm considering filing a Peremptory Challenge (170.6 --NOT for Cause). If I were then assigned to my previous judge, I'd file a Peremptory Challenge (FOR CAUSE).

(a) What would happen (if both PC's were granted), given that no other judges work at that court? Case assigned to another venue? Same day? (BTW, a court close to me does NOT handle traffic infractions. Closest court that does is 100+ miles from my current court).

(b) Suppose I were to ask for a continuance tomorrow. Further suppose that a court clerk were to say she couldn't grant one, but that I could send my request directly to my judge. Would doing so screw up my Peremptory Challenge (NOT FOR CAUSE), since my continuance request might implicitly show my accepting that judge for my case?

(c) For an infraction, can I hand my written PC (NOT FOR CAUSE) to (my current) judge on my Trial De Novo date? Or must I do so earlier? Does an answer depend on whether my court uses a "master-calendar system"?

TYIA :cool:


Traffic Court Issues: Trial De Novo: Set for Next Week: What to Do if Court Were to Deny Continuance

Situation Involving Dog, Room Mates, Kids

State: California

My wife and I and our room mates have had a house together for a year. We got our pup a few months before we moved in. She’s a giant breed mix, she’s well behaved and super playful. She hasn’t bitten anyone except for playing around for trying to steal a bite of a cheese burger in someone’s hand. We have kids over all the time and she’s super gentle all the way down to new born babies (the softest little kisses on their toes). Things have been great until recently. Our room mates have been playing more rough with her because of her size and energy, which has been increasing her own roughness with us. We ask them not to but we know they still do it. We have been working on training her and she does well but she has lots of inconsistencies between us and our room mates. She recently knocked my niece down on accident trying to jump up and give her kisses (no injuries, our neice laughed) which she’s never done before, so we take great care not to leave them together unsupervised since she weighs more than the little girl does.

About three months ago our room mate kind of strong armed us until allowing his girlfriend to move in, first by pulling the pitty card, then by getting the OK from everyone else, our landlord and then my wife and I last. We agreed, reluctantly, because we knew it would be a shit show if we didn’t. Shortly after, they surprised us by having her kid over for visitation, without notifying anyone except for one of us by text message last minute, leaving them home alone with our dog and the kid who’s 5. We again left it alone to avoid problems, no problems with our dog, things have been fine. Then last week our new room mate decided to babysit a kid for someone and have them over, again unannounced. We were home, but I had to work on a vehicle and wife had some work from home stuff to do. The dog has been fine with kids, but our new roomie knows she’s big and plays rough. Still, she decided to walk outside to hang with everyone else and left the kid alone in the house with a sandwich in his hand and with my dog in the house. Naturally my one year old pup wanted the sandwich and saw an opening and nipped at the sandwich. Didn’t hurt the kid at all, but scared him and he screamed. My wife heard it and came out to the kitchen just in time to see the new room mate with her hand in the air screaming she was gonna beat the shit out of our dog. Naturally we are upset by this. We worked it out kind of, we installed a pet gate to keep our dog out of the back room where the kid usually is. Then today, then have another visitation, 5 days after the last incident. They prop the dog gate open, leave the kid alone with the dog with food, and walk away. Like the didn’t learn their lesson last week, we implemented preventative measures to avoid a problem, and they purposely bypass them for whatever stupid reason. Nothing happened, but I need to figure out how to protect us and our dog for their stupid ignorance. We are working with a licensed dog trainer, and we paid for the gate to keep her separate from the kid. We have insurance that will cover us financially, but at what point is it their own liability and not ours? The dog is doing what she’s always done, exhibiting well known behavior in the house she lives in, and all of the sudden new kids are visiting and being left alone with her with food in their hands and our preventative measures are purposely being bypassed. Any advice would be much appreciated, we love our dog and cannot sit here and wait for them and their irresponsible behavior to have her taken from us and put down.

I cannot stress enough, this dog is not mean, she wants people food and she’s over 100 pounds and still a pup so she has lots of energy, no aggression other than normal being playful.


Situation Involving Dog, Room Mates, Kids

Unregistered Vehicles: Moving from California to Washington when Registration is Past Due

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

I am moving from California to Washington. My California registration was due on the 28th of July, I am moving this weekend and don't want to have to pay for registration in California if I'm moving so soon. I am wondering what happens if I get pulled over on my way there? Will I get ticketed for my registration being expired or are there any options I am not thinking of?

Thank you!


Unregistered Vehicles: Moving from California to Washington when Registration is Past Due

Premises Liability: Dead Tree on Car

My question involves an injury that occurred in the state of: Alabama. A tree marked to be removed because it was dead at the root fell on my car while at work. I filed with my insurance and they will work on getting their money and my deductible from the insurance carrier for the property but I want to know if I can recoupe any other monies? My car was 1 yr old so what insurance will pay is only the blue book value. But what about my investment, down payment, week with no car, stress? I feel like I should be put back to the same place I was but that doesn't seem to be their opinion. Not asking for anything enormous, just what can help me get back some investment and out me back into a comparable place as before my car was totaled.


Premises Liability: Dead Tree on Car

She Granted a Week. I Declined. Am I Being Wise

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

So she granted me the week I requested to take my son with me after at court she said no and wanted supervised visitation. I rather take him with me for couple hours and wait for the court. She change too much her opinion and I dont want trouble. Am I being wise?


She Granted a Week. I Declined. Am I Being Wise

Deductions from Pay: Shortage in Cash Register

My question involves labor and employment law for the state of: Louisiana
my employer puts the cash in the register in the morning... i do not count it. I use the same drawer for both morning and evening shift.
at the end of the evening she also counts the drawer not me. She took money out of my paycheck this week for a shortage she said occured last thursday.
How am i to be held responsible for a drawer i do not count?


Deductions from Pay: Shortage in Cash Register

Landlord's Replacement Charges for Very Old Carpet

Quote:

Quoting Mr. Knowitall
View Post
If you stain the carpet, that's damage. If the cheapest solution is carpet cleaning, and that is sufficient to remove the stains, then the landlord can charge for carpet cleaning. If the stains are such that the carpet must be replaced, then the tenant can be charged the depreciated value of the carpet.

California generally regards the useful lifespan of carpet in a rental unit to be eight to ten years.

So, if the carpet is years past the useful lifespan (say 12-15 years), what could they reasonably charge the tenant to replace the carpet? Is the value of the carpet 0$ and therefore the landlord could charge 0$ On the premise that it needs to be replaced?


Landlord's Replacement Charges for Very Old Carpet

Security Deposit - Carpet Cleaning

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

Recently moved out of an apartment after 12 years. The landlord withheld approximately one-third of the security deposit (actual cost) for carpet cleaning. Nowhere in the lease was the required carpet cleaning fee disclosed (or even mention that there was a fee). The lease lists a number of cleaning costs, for minor items, ranging from $5-30. In the list are some carpet-related costs (stains, repair, flea treatment - none of these applied). The landlord is on record (email) acknowledging that the carpet was not damaged and that this was their standard procedure (to clean AND CHARGE the tenant vacating for the cleaning). The move-out form identifies the floor as clean. The carpet is over 12 years old - it was there when I moved in. The cleaning they paid for was a standard cleaning - there was no extra charge (I've seen the receipt) from the carpet cleaner for any ”tough stains.”

It is my understanding that in Missouri that they need include carpet cleaning in the lease if they want to charge for standard carpet cleaning for ”normal wear and tear.”

Are they allowed to keep part of my security deposit for a standard cleaning if they did not disclose the amount OR that there was a required professional carpet cleaning at the vacating tenant’s expense?

They're refusing to return the portion withheld.


Security Deposit - Carpet Cleaning

Disabilities and Accommodation: Asked Me to Come Back to Work After Surgery

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

I had surgery in May, after my follow up with surgeon I was held out of physical work. The position I held, was nothing but physical work. I was going to be out till Sept. 18, 2018 at least. Employer contacted me in late June to come back for a position with no physical work involved while the person who usually does it is out on military leave. My understanding when accepting the position was when/if he came back, they would run both of us on routes.

I was just instructed, he could be coming back in a couple weeks and I will be no longer needed in that position. Which means, I will no longer have my income and too late to file for long term disability. Is there anything that you could tell me that would help me legally to prevent me from going back on the sidelines with no income for another 2 months?


Disabilities and Accommodation: Asked Me to Come Back to Work After Surgery

E Visas: Can I Enter Puerto Rico Directly with an Australian Passport

According to a website I came across to, you cannot enter Puerto Rico directly with an Australian Passport. I find this information quite unusual but I have yet to confirm this anywhere else. The information on this website says that you can only enter Puerto Rico with an Australian Passport and without a visa esta by going to mainland USA first. I also checked other sources and it seems like the same entry laws apply for Puerto Rico. I’m planning to visit Puerto Rico from the Dominican Republic without having to land on mainland US first. Will someone please help me by providing official information with regards to the similarity between traveling from Puerto Rico and traveling to the mainland USA?


E Visas: Can I Enter Puerto Rico Directly with an Australian Passport

Probate Court Procedure: Notice of Hearing - Probate Court - Father's Will

My question involves estate proceedings in the state of: Georgia

I was emailed by the lawyer a date that the probate judge could swear my dad's wife and I in as executors of the estate. I told the lawyer that date was not good for me due to work. I am a Registered Nurse at night and was unable to get that day off. I notified him of this a few hours after the date was given to me. I live 5 hours away. The lawyer suggested that I take the oath in my own county in front of the Probate judge. I agreed to do this.

On Saturday afternoon I received a Notice of Hearing in the mail from the Probate Judge in the county my father resided and passed away in. The Notice of Hearing had the same date (yesterday) that was not going to work for me due to my work schedule. I again emailed the lawyer and told him I was unable to go to the Hearing dated 7/30. He advised me that he would be asking the Judge to let me be sworn in where I live. So obviously I was not in court yesterday for this Hearing.

The lawyer's paralegal has sent me an email advising that the "judge is very displeased that you did not appear as ordered. He has advised that you are not allowed to swear in in any other court except his and his notice for you to appear was not rescinded before today."

I emailed her back telling her again that I have advised them several times I was unable to be in court on 7/30 and now she is talking about me being in contempt.

Is the Notice of Hearing the same as a Notice to Appear? I would have thought if I HAD to be in court a sheriff's deputy would have served the paper.

What should I do at this point? My dad's wife and I was left executors of the Will. I do not want to give up my rights to be an executor but the lawyer is being very hard to deal with at this point.


Probate Court Procedure: Notice of Hearing - Probate Court - Father's Will

Section 21718 a

My question involves a traffic ticket from the state of: kansas.i got traffic ticket for parking on roadway. Now kansas shares info with ca which is where my license is from. Itsa crappy situation as kansas sees this as a parking ticket but cali according to attorney applies section 21718 a which says prohibited to park on freeway. I was given this ticket on a local us highway 54 which is not a freeway. Iam a cdl driver thats why so much concern . If its not a freeway does this section applies cuz if it does ill fight the ticket as this carries a point and a half. Pls give me input


Section 21718 a

Security Deposits: California Ll: How to Distinguish Between Wear and Tear and Damage Pics Included

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

First time landlord. We bought a brand new home and rented it out to our tenants for 4 years. Everything was brand new. Their move-ins also stated the condition of everything as "New." Now the tenant is moving, and I performed a pre-move-out walkthrough and the home looks in poorer shape than I would have imagined. There are scuff marks all over the home, paint chips in multiple areas of the house, scratches and dent in the baseboard and door frames (to the point where you can see the wood). My question is, how do you determine what is wear and tear and damage? I listed the following as damage in the pre-walkthrough, however the tenant disagrees and says he will sue if I deduct anything.

1. Multiple chips of paint throughout home and scratches on baseboards and door frames (I know the scuff marks/repainting is all on me, but what about the chips and scratches on the baseboards? I would imagine those would be damage?)
2. Holes on outside of house from removal of satellite installation
3. Stove spark ignition doesn't work anymore (was never informed that it needed repair until I did the prewalkthrough inspection)
4. Garbage disposal has water damage (I read online average life span of a garbage disposal is 12 years, it's not broken in 4)
5. The tenants had two dogs, and there is a strong dog odor in the home

Here are some photos for your reference: https://imgur.com/a/omhVck8

Keep in mind, the home was brand new.

Would appreciate any advice and feedback.

Thanks


Security Deposits: California Ll: How to Distinguish Between Wear and Tear and Damage Pics Included

lundi 30 juillet 2018

Copyright Law: Will I Be Sued for Using This As My Logo

I was thinking of utilizing this Beatles artwork as a building concept for my new business logo:

https://www.thebeatlesonline.co.uk/t...ed/0I4U0000000

My logo would have the people spell out a completely different word with their hands and I would change the clothes of the people (their would still be four people however). Is it possible for me to still get sued later on for doing this, and if so what can be done to not be sued or avoid legal ramifications. Thanks a lot.


Copyright Law: Will I Be Sued for Using This As My Logo

Runaway Emancipation

My question involves juvenile law in the State of: Texas

I am 16. I will turn 17 in three months. I've never had a good relationship with my family. Mentally being there is not good for me.
My situation is complex.
My biological mother passed away and my biological father is out of the picture. My families have a history of mental illness and substance abuse. My biological mother was in and out of rehab and hospitals. I don't know much about my father.
I was in the foster system at 3 years old, due to my parents substance abuse. I went with my moms adoptive mother(family). My biological father got with a girl, never married her, had two kids with her. She got custody of me from my family. She was very mentally abusive. He first husband(I was in 6th grade) raped me and was an alcoholic .( Nothing was done ) she eventually divorced him and married another man,whom she cheated on her first husband with (mind you she cut off all contact with original family). Her personality changed with every man she was with. She was extremely abusive at this point, on a physical level now.
Eventually they gave me up to my other family they got custody of me from my biological fathers girlfriend (let's call her shay) Shay was diagnosed with bipolar disorder and depression among other things. I had developed suicidal tendencies.
I had a history of talking to people online. I guess I wanted the attention. I wanted to fall in love with someone.
(I' m including this because it is important to understand that the situations that escalated partly involve my own actions on this subject)
In both families everything was taken away from me. Doors, rights, privacy. It ended with constant fighting. Insults being thrown, belittling, and a resentment.
Now at I'm with my biological aunt (her name is Alice). Alice took me in, I thought this family was perfect. I fell into old habits. Once, twice, multiple times. It led to tension in the house that escalated to physical violence and resentment. Eventually she gave me the choice to change, or to leave.
I don't believe I am a bad person.
I believe that I made a stupid choice over and over again.
I had dated a 19yr old, who had turned 20 in the time we were dating. I had been dating him the whole time that I had left from shays house.
It was that relationship that caused everything to fall apart.
Back to Alice giving me a choice to leave, that very night I packed a bag and I left.
I wasn't able to take my State ID, birth certificate, or social. That makes it hard to find a job. I'm living separately from my guardian, I believe it would be in everyone's best interest if I were to live on my own.
I used to work at a Sonic Drive-in, and I would be able to get rehire there anytime I wanted. The manager offered to rehire me, but I can't work there without my money going to Alice.
I can't get hired anywhere else without my documents.
Without my ID I can't get copies of my documents.
With all that said I have a job I can go to, I'm living separately, I had just cause to leave, and it would be in my own best interest.

Would I be able to get emancipated ?

*if I missed any details that may be important please feel free to ask


Runaway Emancipation

Enforcement of Judgments: Ex of 4 Years and New Wife Send Letter Demanding I Pay His Collection Debt

My question involves a marriage in the state of:Oregon

Hello, I will try to make this as short and sweet as possible. My ex and I have been divorced over 4 years. We verbally agreed we would each be responsible for our own credit in our names only regardless of the credit taken out while married. My credit was my credit, his was his. The only debt listed to be divided or named responsible party for
on decree was Joint debt. Fast forward, 4 .5 years later. I get a letter from him or his wife threatening me with legal action because he got sent to collections for a JC Penny card in his name and according to the letter, it was a fraudulent account because ex had no idea I was not paying on this card and all the bills were coming to me and I was not forwarding to him and on and on. So I have never received a bill in his name to my address from JC Penny and never discarded anything. If the collections company had the right address in which to send the collection notice to, how can they say JC Penny was sending billis to me and how could he think I was paying this the whole time and all the sudden surprise, I was not paying. Again, we verbally agreed to pay our own credit card debt and NOT ONE word was ever spoken about this JC Penny account in the 4.5 years we have been divorced. It is not named on the decree as a bill I am responsible for. It is not mentioned at all, BUT is in his name and not mine! In fact, there is a joint bill on there he was supposed to have paid and never did, but I never pressed it. Does he/them have a legal leg on which to stand on with this bill? I find it harassing and almost an attempt to extort and or get out of paying his monthly child support. Thanks! :concern:


Enforcement of Judgments: Ex of 4 Years and New Wife Send Letter Demanding I Pay His Collection Debt

Sales Agreements: Forgery of a Signature

What can I do if someone falsified my signature at a dealership?


Sales Agreements: Forgery of a Signature

Agents and Brokers: Breaking a Sellers Contract and Firing My Agent

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

So my wife's sister is a real estate agent, and 95% owner of her own agency. My wife and I decided to hire her to sell our house since she is family. This was a huge mistake. We had tons of issues throughout the process of putting an offer in on a new house with a home sale contingency, but got through it, and got an accepted offer, so we got to the part where we list our house. We put a new floor in and got the house ready to show. Our agent had a few showings lined up and things looked like they were going smooth, however the day the first showing was scheduled, my father-in-law had to go to the hospital for some issues. This being our agents father as well, she freaked out and told us she was canceling all our showings to go be with her dad in the hospital. I asked her to have one of her other agents show the house instead of cancelling the showings, and she refused to do this. She ended up cussing my wife and I out, going on some long rant about being extremely offended that I don't trust her to do her job and know what's best in selling my house. I did not take being treated so unprofessionally very well and told her that as soon as the situation with her dad calmed down that we would have to have a talk about her response to simple questions. Fast forward about 5 days, father-in-law is doing well, looking to be discharged the next day, so I text her and say its about time we have our talk because she still refuses to hand our listing off to another agent. This is unacceptable to me because her father is diagnosed with stage 4 colon cancer, and this is going to be an ongoing issue with her being unable to execute her duties as our agent. I call her to talk and find out that our house was apparently shown without either her or us knowing about the showing (meaning strangers were in our house without our knowledge). This just adds to my concerns about her being able to perform her duties, and I tell her yet again that it is nothing against her, but I want our listing to be handed to a different agent. She proceeds to blow up on me, and cusses me out about being insensitive to the situation ect. then hung up on me. I decided at that moment that this professional relationship was not going to work, and texted her asking her to sent me a list of all the expenses she's paid in listing and advertising my house so I could reimburse her, and we just go our separate ways, and she has since ignored all my communications.

So... my question is, can this be considered a breach of contract if she refuses to hand our listing to one of her other agents in lieu of cancelling showings due to an inability to perform her duties as the selling agent given a personal emergency. Or can the fact that strangers were aloud into our house without our knowledge be a sign of negligence? How can I get out of this contract with her cleanly?

Thanks in advance!!


Agents and Brokers: Breaking a Sellers Contract and Firing My Agent

Traffic Lights, Signs and Controls: Easy Q: Do I Need to Show Up at Court After Traffic Ticket in California

My question involves a traffic ticket from the state of: California (in city of Los Angeles)

I ran over a stop sign, which I'm guilty of, and paid the fee online and also completed an online traffic school. I'm pretty sure I no longer need to show up in court but I can't be sure, and there is no one at Los Angeles court to help over phone or online. Apparently they laid off all phone operators.

So my first question is, do I still need to show up at court or is the case dismissed once the court processes my online traffic school certificate?

Second question is, I completed the traffic school on 6/29/18 and due date is 8/21/18. Today is 7/30 and online it's still showing that the certificate has not been processed. I have requested a due date extension just in case. Should I be worried or is this type of delay "normal"?

Thank you,
Brian


Traffic Lights, Signs and Controls: Easy Q: Do I Need to Show Up at Court After Traffic Ticket in California

Legal Malpractice: Can You Sue a County Attorney for Malpractice

My question involves malpractice in the state of: TN

Quote:

Quoting TN Code 8-47-103
It is the duty of the attorney general and reporter, the district attorneys general, county attorneys, and city attorneys, within their respective jurisdictions, upon notice being received by them in writing that any officer herein mentioned has been guilty of any of the acts, omissions, or offenses set out in § 8-47-101, forthwith to investigate such complaint; and, if upon investigation such person finds that there is reasonable cause for such complaint, such person shall forthwith institute proceedings in the circuit, chancery, or criminal court of the proper county, to oust such officer from office.

Upon providing the County Attorney written notice and incontrovertible evidence, does the citizen have an attorney client relationship predicated upon perfecting service of written notice?

This statute has been on the books for many years and is seldom ever put into use.


Legal Malpractice: Can You Sue a County Attorney for Malpractice

Speeding Tickets: Entrapment Speeding Ticket in Nevada

Could I please ask for help with the following case:

I got pulled over in Jackpot, NV as I was navigating the small town. The policeman, asked if I am not local and if I did not know see there were multiple speeding zones 70-65-45-35 mph entering the town. However, the only sings I saw was 35 mph after the highway speed was 70 pmh. Upon which I slowed down below 35 mph. The policeman wrote he clocked my speed to be 74 mph, however he cited me with 60 mph in 45 mph zone.

On the way home I specifically drove back and forth to the approach of town to review the speeding zones. I located the speed zone signs as I exited the town (35-45-55-70 mph). However on approaching the town there were no such speeding signs. The only sign was 35 mph as one enters the town. I took pictures/video for evidence. I feel this was entrapment citation. However, Nevada does not provide trail by declaration option and if I want to fight the ticket have to appear in court, which is not reasonable with more than 8 hours drive.

1. Could I use entrapment as defense, since there were no such traffic signs as the policeman claimed and wrote on the ticket?
2. Could I file complaint with any court in Nevada as Jackpot is located in Wells County which is quite distant to drive to appear in person?


Speeding Tickets: Entrapment Speeding Ticket in Nevada

Animal Injuries and Dog Bites: Injury Due to Dog Owner Negligence

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

So a few months back, my sister was walking in the neighborhood when she all of a sudden noticed a neighbors german shepard run up to her and start barking visciously. She starts to try to back away and as she does she falls on there curb and cracks her ribs plus scratched up her hands as she fell. Dog owner finally runs out to get his dog away. She went home crying from pain and fear. We have warned the owner about his dog being loose before and he has ignored us. So we decided to get a lawyer to sue for her injuries.

The attorney is a compensation attorney and said she has a case. Home owner refused to give up his insurance info stating its my sisters fault for not keeping calm and caused the accident upon herself. He now also claims that its his grandsons dog who lives with him. Now my lawyer wants to back out because he feels there's not enough money in it for him to go to court. And without the lawsuit she gets stuck with all the hospital bills minus all the 8 weeks of pain and suffering from recovering from her injuries, nightmares,etc...

My question is if we hired a hourly attorney, what are her chances of winning the case in court? Also any other recommendations will be greatly appreciated on how to proceed regarding this. Thanks


Animal Injuries and Dog Bites: Injury Due to Dog Owner Negligence

Construction Contracts: Indemnity Clause in Contract

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

I'm a home owner hiring a contractor to do some remodeling inside my house. I live in Virginia. The contract sent by the contractor has this clause (I am the "Owner" in this clause):

"To the fullest extent permitted by law, the Owners shall indemnify, defend and hold harmless the Contractor and its agents, Sub-Contractors and employees, from and against all claims, demands, or liability for injuries or damage arising out of or encountered in connection with this Contract of the prosecution of work hereunder, excepting only such injury or harm as may be caused solely and exclusively by the gross negligence or willful misconduct of the indemnified party. Without limiting the generality of the foregoing, such indemnification shall extend to claims, damages, losses, and expenses attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, or to penalties imposed on account of the violation of law, regulation or governmental requirement. This provision shall survive the termination of the Contract"

Does this imply I'll need to pay the contractor for any damages/injuries they encounter while working in my home? For example, if they trip and fall, am I responsible to pay them per this clause? Does this clause also mean if they damage my house in any way while working on the project, I cannot hold them responsible for the damages to my house? In your opinion, is this a fair clause for the home owner that's hiring the contractor? if not, how can this clause be rephrased so that it is fair for both the home owner and the contractor?

Thank you for any help!


Construction Contracts: Indemnity Clause in Contract

Disability Benefits: I Wanna Be My Own Payee Now

My dad has a lot on his plate and I want to take some off. I think I can be my own payee. I already know how to use money and how to use an atm. I can sign papers and forms as long as they aren't too wordy and complicated. I have a lot of health, physical, emotional, and psychological issues, like bad short-term memory, PTSD, Depression, bad joints, Autism, tremors, get easily confused and other stuff. But I want to go to vocational rehab and learn to be able to get a job. I won't be able to do full time, but I think that something is better than nothing.

I am 28 and want to be able to be more independent. I am already in college and I do good when I take one class at a time. I even can take care of my Leopard Gecko by myself. As long as I have my gecko, I have a reason to stay in this world and get better so that she can have a bigger tank and Dad and I can get out of this small apartment. I get 68?.?? I think, but I live in California and it doesn't last. I already do the yearly thing myself because it is easy. If I have big paperwork to fill out, I plan to ask for help from the people at my health center or my counselor.

I just remembered that my counselor said that I could be my own Payee since I do the yearly form myself and use the debit card fine, all you have to do is put it in the bank atm and put in the amount you need and it gives it to you. I can manage my money, I can do groceries and pay my cell phone bill.

The main reason that I want to be my own payee is that I want to start work. But that would be more paperwork for Dad, and he is already so overburdened. But if I were my own payee, I could do the paperwork instead. How do I become my own payee and is it a good Idea? Would they take my check away? I wouldn't be able to work enough to afford my supplements and then my joints would be even worse, meaning I could work even less. Without my Glucosamine Chondroitin, I wouldn't even be able to move my joints for a long time before getting up and they would hurt so much that I would try to bite them off. I don't want to go back to those days.

So do you guys think I should try to be my own Payee, or just stick to the sub-security of my current state? Sorry if I am hard to understand, I might be having an extra bad brain day today.


Disability Benefits: I Wanna Be My Own Payee Now

Speeding Tickets: Trying to Resolve 30 Year Old Speeding Tickets

My question involves a traffic ticket from the state of: North Dakota and Minnesota.

I’m trying to help my mother resolve a license suspension caused by two speeding tickets in the late 80s. My mom had a North Carolina license and never got a new license when she moved to North Dakota in 1987. She got two speeding tickets in two years. One in Minnesota in 1987. One in North Dakota in 1988. These tickets were not promptly resolved and were reported to the North Carolina DOT leading to her license being suspended.

Fast forward 30 years and I’m trying to help her get a North Dakota license. I contacted the Bismarck ND municipal court and the Bismarck police department to try and get the 1988 ticket resolved. As it was so long ago the ticket is not in their systems and they were not able to locate any record of it. I attempted to contact the North Dakota DOT where I got the run around for a while before being told to leave a mesaage which has not been returned. Contacting the Minnesota DOT was a similar experience.

I contacted several lawyers here in town for legal advice but was told they would not be able to help me. I’m not aware of any lawyers here that specialize in tickets or DOT issues.

I realize this is a complicated situation and it’s entirely my mother’s fault for not getting this taken care of years ago. And I know this is a long shot, but any advice would be greatly appreciated.


Speeding Tickets: Trying to Resolve 30 Year Old Speeding Tickets

Heirs and Beneficiaries: Sister Named in Will As Executor, Can I Ask Court to Have 3rd Party Named Executor

My question involves estate proceedings in the state of: Kentucky
My sister (sister 1) was named executor in my late mother's will. My mother has no debts and assets and cash may be worth $1 million. (Another $1 million in stock funds I understand is non-probate and not under authority of the executor) My other sister (sister 2) has already signed a document that I believes petitions the court to appoint sister 1 the executor. Can I ask the court to allow a third party (lawyer or other) to be the executor? Although that would upset both my sisters, I'd like to have someone who is not a family member be executor, as I believe rules may be bent or deals made between the sisters. Sister 1 has already stated in private that she will take the 1 percent up to 5 percent allowed in probate depending upon how I (the brother) and sister 2 treat her. Thanks for any suggestions, advice.


Heirs and Beneficiaries: Sister Named in Will As Executor, Can I Ask Court to Have 3rd Party Named Executor

Grandparents and Third Parties: Can My Child's Grandmother Try and Have Custody Removed from Me

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

For the past two years, my mother-in-law has been living with us and it's been a roller coaster. Right now she blames me for "destroying" my 16 year old step-son because she feels I have been a pathetic father for the past 6 and have been verbally abusing him. He's now at the point where he's only motivated to do things he wants, he'll argue with his mom on everything, he's lazy, doesn't care about anything unless it benefits him. Basically stuff my wife says is "Teenager" stuff and she feels that I didn't build a good relationship with him after we were married. But the problem now stems from what she's accusing me of with my 4-year old biological son.

In our house, my wife and I live with our two boys, my 16 year old step son and 4 year old biological son, my wife's sister and her two children, aged 16 and 10, and my wife's mother. For the most part, I'm not home as much due to working two jobs while my wife works one, in order to support everyone. The incident that apparently sparked my MIL's fury is that I told my 4 year old that if his 10 year old cousin isn't willing to share his Nintendo Switch with him, then he shouldn't have to share his Nintendo 3DS, because I felt my 4 year old was being taken advantage of by his 10 year old cousin. This hit a severe thorn in my MIL's paw as she feels I'm teaching him hatred, selfishness, and teaching him how to be a delinquent thug and that I'm destroying him. She states that when I'm home from work, my 4 year old changes in personality; he becomes defiant, he lies, and he's not this wonderful child that she's around all the time and that I'm the reason for it. I feel like that is completely wrong as my 4 year old is my pride and joy and I want nothing but the best for him. She has threatened me before stating that I'm an unfit parent because she feels I project my emotional problems and issues onto my child and wife and that I had pulled a knife on myself once, making for an unsafe environment. Just last night she threatened to take me to court to have me committed, thrown in jail, or to have me removed from my home because she will not allow me to "destroy" my son. She told me that I am "Contributing to the delinquency of a Minor" by teaching him something like this instead of teaching him how to be loving and kind. She's even told me that the entire household runs better when I'm not there. Mind you I am a person who has never smoked, never done drugs, never done anything illegal, works two jobs to help take care of everyone, and has to deal with untold amounts of stress and depression to the point that I come home from work, I spend what little time I have sitting on the couch watching Netflix with my 4 year old leaning on me.

I honestly don't know what she can do, but her threats have caused me to even become ill. I love my 4 year old with everything in my being and would sacrifice everything I have to ensure he has a bright future and that he becomes a good man when he grows up. I am in counseling with my wife to ensure our marriage stays together because I want him to grow up in a two parent household. I don't want to have him stuck in the middle of a parental battle, unlike the one my wife had with her older son's father.

Can my mother-in-law really take legal action against me to have my parental rights removed? Can something like this really make me be considered an unfit parent? I'm really uneasy and want to know everything I can to ensure I don't lose my son.


Grandparents and Third Parties: Can My Child's Grandmother Try and Have Custody Removed from Me

Probation and Parole: Interstate Probation Transfer and Extradition

My question involves criminal law for the state of: Mississippi and Colorado
My daughter is currently on the tail end of probation in Colorado. She transferred the probation from Colorado to Mississippi in early 2017.
In May of this year ,2018, she was charged with possession. Since then she has been in rehab and was accepted into a sober living home. She also has a sponsor and is really doing well. In addition to this she is 4 months pregnant.

On July 5, she was arrested on a warrant issued from Colorado stating they were extraditing her back . This is a misdemenor charge . She has been in jail ever since with absolutely zero information on how long before they pick her up.

The issue that I am having with this is that she has had complications with her pregnancy . They also refuse to continue her medication regimen that her addiction MD had her on. This includes antidepressant I am also concerned about the long travel from Mississippi to Colorado with her health issues.
I am extremely worried abouy the health of my daughter and her unborn child which is causing myself and the rest of her family a enormous of stress. I cannot afford to hire an attorney and there does not seem to be anyone that can help without a HEFTY fee.


Probation and Parole: Interstate Probation Transfer and Extradition

Law

Hi, I'm having a small company. I wanna ask about immigration audits in UK. Thanks for reply.


Law

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dimanche 29 juillet 2018

Defamation: Ex Girlfriend Sending Pictures of Me to New Girlfriend

My question involves defamation in the state of: Pennsylvania
I dated a girl for 2 years, I had a fling with another woman and since broke that off and now she is texting my girlfriend now with everything we have ever done together and forwarding messages from and pictures of me sleeping at her house...is this even legal??


Defamation: Ex Girlfriend Sending Pictures of Me to New Girlfriend

Default: Does One Accused of a Traffic Infraction in New York Have the Right to a Speedy Trial

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

By law and assuming the right is not waived, does one convicted of a traffic infraction in New York have to be tried within a certain amount of time before dismissal is warranted? Why or why not.

Does the law set forth by this court case still apply?

People v THORPE, 1994

Quote:

Quoting THORPE
the court merely asserted that the right to a speedy trial did not apply to a traffic infraction. This assertion is incorrect, since the constitutional right to a speedy trial applies to all prosecutions

What about the 6th and 14th amendments to the United States Constitution, do these apply to traffic infractions in New York?


Default: Does One Accused of a Traffic Infraction in New York Have the Right to a Speedy Trial

Delivery of Deed: Unreleased Deed of Trust

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

I bought a condo in Maryland in 2004.

Now I want to sell it in 2018. The sellers Title company informs me that there is a "unreleased deed of trust" going back NOT to the Previous Owner but to the owner before that.

In other Words Previous Owner Bought in 1994 and Sold to me in 2004.

Here comes the KICKER----My Title company is out of business.

What is the process for me to Clear this Mess.


Delivery of Deed: Unreleased Deed of Trust

Service and Repair: 2010 Dodge Ram Service Repairs Since 10/2017 - Issue Still Not Fixed

My question involves a consumer law issue in the State of: Texas. I took my 2010 Dodge Ram into a local dealership service shop to get serviced in October 2017 for the ABS, traction and control, and 4x4 service lights coming on. I have now taken my vehicle into the same shop 6 times since then as the lights continue to appear. My truck is now sitting in the shop with a broken wheel bearing as it collapsed on the highway. After speaking with the service manager and "acting" general manager they are stating that in order to begin repairs I must agree to pay over $2,500 (after already dumping over $5,000 into repairs at their suggestions to fix the continuous ABS issue.) The service manager stated that I can file with my insurance and tell them that I hit something on the road. I am wondering if I have any right to take any legal action against them. Any assistance is greatly appreciated.


Service and Repair: 2010 Dodge Ram Service Repairs Since 10/2017 - Issue Still Not Fixed

Grounds for Suppressing a Officers Statement

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

What are some legal reason to suppress a Officers statement? For Example the Officer in my case said he saw me alone , unobstructed. However, I was riding in a group of 6 motorcycles, on the inside left rear and he was on the outside right, meaning he would have had to shoot his laser threw the people on my right. I have a witness willing to testify, so can I suppress his statement for perjury?

What are some other reasons to suppress.


Grounds for Suppressing a Officers Statement

Is Witchcraft Illegal?

In 1080 HD. :p





Is Witchcraft Illegal?

Payment: Property Damage at Neighbor's Yard Before I Purchased My Home

Am I responsible for damage to my neighbors yard caused by a pool leak that occurred prior to me buying the home? Leak has been repaired, however damage has already existed before I purchased the home. Tried working with neighbor in going 50/50 with the repair of the fence that blew down during a wind storm. Neighbor claims that foundation was also the cause of the instability of the fence through the pool leak that happened prior to my residency. Wants me to pay for all damages and repair at 100%.


Payment: Property Damage at Neighbor's Yard Before I Purchased My Home

Repair and Maintenance: Landlord Caused Flood

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

I reported a leaking sprinkler head in my apartment living room nook on 07/23/2018. On 07/26/2018 maintenance came in to inspect and attempt a repair on the sprinkler head which it quickly popped off and began to spew water at full pressure in my living room and flooded it with 3-4 inches of water ruining my couch, other furniture, and several pieces of very expensive electronics. He had already worked on 5 leaking sprinklers throughout the apartment complex. He is very open with me about everything that goes on the apartments even before this and after the event he told me several things.

-Some of the things he has told me-
He had inspected and had done the same repair on the 5 other sprinklers and had attempted the same repair on this sprinkler, but this was a mechanical failure (there is a metal fitting in the sprinkler that had snapped and caused the initial leak). The owners are pursuing a lawsuit against the contractors that installed the sprinklers. My landlord has him inspecting all 120 units and he has already found 9 more sprinklers leaking withing a day. My landlord told him to not tell any of the other tenants what happened. If I were to pursue this legally in any way or have any problems with my insurance he will be a witness.

-Problems with landlord-
I have been very calm and collected around her and have not said anything that would leave her to believe I would take any action against the company. When I asked her "so what happens now?' she almost immediatly said that any damage to the tenants property will be covered by renters insurance and the repairs are there responsibility. We have always had a great relationship. I was one of the first tenants to move in while the place was being built 3 years ago, I have never missed rent, and I have never had a complaint from other tenants. She has kept her distance since all of this and has kept very little contact. The company that owns the complex had several apartments around Wisconsin and has been very successful.

I have renters insurance luckily, but here is the problem and I would like to get some help on what my rights would be if any to help to me in this situation. My insurance has a $500 co-payment, I had to take off work for two days, and my vacation plan has been ruined. All of that I would estimate to cost around $1200-$1700. I don't know if taking any action would be wise as I still need a place to stay and despite all this I would actually like to renew my lease when it comes time.

I have no idea what to do here, any advice? :(


Repair and Maintenance: Landlord Caused Flood

Accusations

My question involves criminal law for the state of: NH
I was let go from an company. Two days later they called me and accused me of taking money. Can they do that after they let you go?


Accusations

Emancipation: How Can I Speed Up My Emancipation Court Date

My question involves juvenile law in the State of: Arizona

I have filed for emancipation because My parents are constantly verbally abusing me to the point I self harm. My hearing isn't until October 4th and they made me quit my job and public school so I do online now for my senior year. My parents are constantly putting me down and I need to get out sooner than October 4th, is there anything I can do to speed up my process and court date?


Emancipation: How Can I Speed Up My Emancipation Court Date

Defamation: Defamation of Character

My question involves defamation in the state of: maine


Defamation: Defamation of Character

samedi 28 juillet 2018

Ex is Accusing Me of Keying His Truck What Do I Do

My question involving criminal law for the state of: North Carolina


Okay so my ex and I broke up. He was physically abusive towards me. He hit me multiple times when we were together. When we broke up last time he gave me a black eye, I texted my therapist immediately after it happened and went to my neighbors and told them what happened. I never went to the police about it. He then texted me a week later asking how I got a black eye which was odd (though he had been drinking when he punched me) I just said why do you care and then he continued insulting me via messages. He apologized We got back together shortly after. We just broke up again he slapped me across the face and I hadn’t spoken to him since until today . I went to pick up my things from him he was at work told me to go alone to his unlocked truck and get my stuff so I did. A hour later he calls me& accuses me of keying his truck. I drive back out to where he works &he showed me a 3 inch scratch I told him I didn’t do it. He continued yelling at me saying I was going to pay,he’s really angry. I left then he called the cops they haven’t contacted me. There is no proof other than him saying I did it. What do I do??? I didn’t do it but he is accusing me doing it???


Ex is Accusing Me of Keying His Truck What Do I Do

Irlj 2.2 Filing Date

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

"The first thing to check, when you receive your discovery materials, is the “filing” date. You materials SHOULD include a copy of the original ticket with a “filing” stamp. The date on this stamp MUST be within 5 days (not including weekends or holidays) of the date of the infraction. If it is not, you can move for dismissal pursuant to IRLJ 2.2 (d)."

I have a copy of the citation but there is no stamp on it at all. However on a separate piece of paper, which appears to be case docket it says
same day as the alleged offense

5-8-18 Case Filed on 05/08/2018
_________Received eTicket 8z0532910 @ 04:21 PM by designated computer.

So there is no physical copy that was received. Any point here?


Irlj 2.2 Filing Date

Home Insurance: Insurance Won't Pay, House Fire

My question involves insurance law for the state of: oregon
Someone set my house on fire, while I was in it. our mortgage company has been paying the insurance on our house. we are in foreclosure. At first all state was wonderful, offered to cash advance $10,000 I told them no that's too much so they advanced $2500 put us in a hotel. than as far as we knew we were approved to stay at the hotel untill the 13th of July on the 6th 4 days after our house fire we received a message from a claims investigator stating no more advancements were going to be paid out and while our policy covers extended living exSpence that they would not be paying for the hotel any longer. we had a half hour notice to gather our dogs and stuff and get out of the hotel with half an hour notic. now their talking about hiring an attorney and doing a deposition at court. what do I do? were living in our shed that is on our property?


Home Insurance: Insurance Won't Pay, House Fire

Rental Agreements: Standard Commercial Real Estate Lease for Colorado

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

We have a very old lease form being used, and would like to update to a newer one when the next renewal is due. Is there a "standard" lease form for commercial property in Colorado? Or do we need to contact a lawyer to get one drawn up?

thanks


Rental Agreements: Standard Commercial Real Estate Lease for Colorado

Is a Search Without Me There Legal

My question involves criminal law for the state of: Texas



I was recently arrested. During booking a bully deputy said "they are searching your house right now and they just found a digital harddrive in the sewing machine". The sewing machine bit was a lie of course. I said "do you have a warrant?" He said "we don't need one your wife signed a paper giving us permission to search. I then said "you don't have mine". I realize that according to the Supreme court the cops do not have to tell me that I can refuse but if I do tell them they don't have my permission then my wife's permission is null and void. Is that correct? See Georgia V. Randolph.

They got me away from the house on purpose so I could not refuse their search but then the cop messed up and opened his big mouth and told me.


Is a Search Without Me There Legal

Unintended Consequences of a Law

My question involves civil rights in the State of: WA

(I am not sure this is the right forum for this query, and would appreciate advice on where to put it, thanks.)

I am currently involved in a campaign to seek amendment of a law recently signed by the WA governor, based on the unintended consequences of a particular article. (The article likely violates both contract law and civil rights.) Initial consultations with legislators indicate that they agree with our position and that there is every prospect the amendment will occur during next year's session.

My question relates to the validity of actions taken before then, as permitted by the relevant article in the new law. If the that article is repealed or amended, will that automatically nullify any actions taken on the basis of the article in the intervening period? Or will those actions be treated as having been legal for that period, and therefore stand?

Thanks for your advice!


Unintended Consequences of a Law

Felon in Possesion of a Firearm

My question involves criminal law for the state of Virginia
I live with my father and he rents the upstairs of our house out to a man that has lived with us for 10 years. We also have another man who lives on the first floor with us been here for over three years. The other day my father put a new scope on his .22 rifle and the other two men helped us zero it in they even shot it I put a video of them on facebook and it turns out they are both felons and we dident know. If the police have seen the video would my father and me be arrested for aiding and abetting?.


Felon in Possesion of a Firearm

Interviews: Hiring Managers Asking Employees About Potential Employees

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

I'm interested in learning if it is within a company's legal right to let their teams know the name of a person applying for a position in their department and what they know about a potential new hire. Are they, in any way, bound to confidentiality on applicants prior to an interview? I'm a few days away from a scheduled interview with EEOC regarding age discrimination. Thank you. GGR


Interviews: Hiring Managers Asking Employees About Potential Employees

Is Homeowner Responsible for Natural Grade Change That Affects Drainage Easement

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

Assumptions:
1) continuous easement runs about 40 ft from and along neighboring homes along the bottom of a slope.
2) easement at home #1 is not draining to sewer drain at the end of home #2
3) home #2 has NOT added or changed anything to the property in or near the location of the easement
4) There is an HOA
5) it has been suggested that the cause of the drainage issue is a grade or gradient issue (by the HOA)
6) because home #2 has never made any changes near the drainage easement, the presumption is that the grade issue arises naturally (e.g. erosion or other natural occurence)

Is it the legal responsibility of a homeowner to correct any natural change in grade that causes an obstruction to a servitude? or is it the responsibility of the city (easement owner)?

I searched this topic and could not find any cases that are directly on point. Is this a gray area?

My argument: The city and it's licensed civil engineers developed the easement. Such "professional" development should account for all natural scenarios. Who should bear the risk of a failure of grading? Or who is in the best (or better?) position to account for such issues? A professional engineer or a standard homeowner.

I suppose that no one can predict natural disruption of grading. Is it an issue of who should bear the risk? If so, why should the homeowner bear that risk?

It seems to me that there should also be some sort of policy consideration. If a homeowner wants to purchase a home with a professionally developed easement that is owned by the city, the homeowner find apprehension due to fears that the city didn't consider all possible issues and the homeowner will be on the hook for doing nothing but cutting the grass every week.

I did a find a case where the homeowner improved a French drain and did not maintain the improvement leading to a failure of the French drain. Because the homeowner made the improvement they were responsible for the improvement. That outcome makes sense.

Is the law around my issue well-established or unclear? Any suggestions.


Is Homeowner Responsible for Natural Grade Change That Affects Drainage Easement

Parental Kidnapping when Married

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

If two people are legally married and there is no custody order in place, I was told it is legal for either of the parents to up and move out of state if they so choose. Is this true? I was also told by a family advocate that if the other parent wants to file for custody, and is unable to do so within six months of the parent moving then that parent has established residency making it even more difficult to get the children back to the original state. Is this also true? Finally the advocate said if the mother leaves and is fleeing a violent situation (previously documented in court and child protective services) that she has a good standing to be able to fight her spouse trying to get her to bring the children back?


Parental Kidnapping when Married

Criminal Investigations: How Long Can a Police Department Confiscate Personal Property Without Filing Charges

My question involves police conduct in the State of: California

If the police confiscate personal property with the intent to use it as evidence but no charges are filed is there a time limit upon which the property must be returned or attempted to be returned? Can they hold onto the property indefinitely?


Criminal Investigations: How Long Can a Police Department Confiscate Personal Property Without Filing Charges

Repossessions

I have a question regarding my rights. I had a question? What are my rights. I purchased a vehicle a few months ago. I did in-house financing from a dealership that I have gotten three cars from before. Never had any problems until now. I feel like the guy I Purchased my car from is trying to extort me. I traded in my old vehicle (4,000) and gave him 2,000 a total of 6,000 as a down payment on my 2010 Honda Crosstour which is 11,000.. my payments are $280 monthly..Ive made every payment on time. I'm NEVER late. When I purchase the car I was giving temporary tags. When the time came to give me my hard tags I called to see if he had them. Long story short he wanted $600 for the tags. Which I've never had to pay up front before. Tax tags and title was always include it in my balance with the previous three cars. I didn't have $600 and asked if they could be part of the balance. Which he agreed. A week or so later he gave me the tags with 30 day stickers. He said he let the inspection expire and had to get it re-done before he can give me the year stickers. At that point he asked if he could take me out on a date. 3 weeks later I took the car to get inspected ( from one of his friends) The guy said the car needed brakes and rotors with he agreed to pay since he had let the inspection expired. Now that is time to hand over the sticker he won't. Because I wouldn't go on a date with him or have sex with him he's threatening to repossess my car. He's saying because I won't go out with him he want the money for my taxes tags and title, rotors and brakes.. he's also included a cash app fee of $4.20 ( which I've paid my payments via cash app for the last 3 months and never had to pay a fee until now). He's saying because I didn't pay the tax and tags by law he has the right to repossess my vehicle. What should I do? Does he have the right to a repo


Repossessions

Creation: Trees

My question involves real estate located in the State of: PA
Question involves trees on a ROW and guy was awarded a 25ft row through our property and will begin to create his road... my question is from what I’ve read and looked up the trees still belong to me and he can cut them and remove them but cannot sell or use for himself? Any help is appreciated


Creation: Trees

Social Security Issues: I'm on SSDI and Started an LLC to Do E Commerce

I recently set this system up to do E commerce through websites online. I used to be a programmer, but had to have this all done for me due to my Brain Aneurysm issue. I do fine most of the time from this, but do take pills for it and have to be careful not to get a stroke. I also was on disability for Dialysis and had a transplant in 2016. CIGNA cancelled their payment to me on May 31,2018. Because of this I am doing this site to make enough to possibly recoup my loses a bit. I am also suing CIGNA in which they will end up paying for what they have done in cancelling me from all this time. I know the above is written sloppily, but I want to make sure that doing this site will not affect my disabilty as long as I only take out what is needed to recoup what I lost from before, which was around $1090. Put anything else into the business and let it do its think and not worry about it in other ways. Not to mention replace the money spent to put it together which is in the thousands of dollars so far. Hopefully that will come from the business itself and we can just move forward with it. Let me know if all I am doing is fine and above board? If I should contact Social Security about the LLC. If there is something else I should be considering. This has been a long process to get to this point. I trust the above is fully understood and that I can get a decent answer! LOL! Thank you for any advice I can get on this!


Social Security Issues: I'm on SSDI and Started an LLC to Do E Commerce

Petty Theft

My question involves criminal law for the state of Washington.
I have been working at a retail store here in Washington for a couple of months. A couple of months ago I told my buddy to come in and simply give me his ID to pretend to return items for store credit. Long story short, I got caught a couple of days ago for stealing about $200 worth of supplies and putting them on store credit. I got fired, arrested at the location, put in the cop car, asked to give some information then released and given a court date. I did in fact take about $300 more than what I was originally accused of taking.
I am 22 and do not have any previous criminal record. My question is as follows: can the establishment come back and give me another slap across the face if they find out I took the other amount? How would that work? Thanks in advance.


Petty Theft

Former Employer Wrote Lies About Me to Current Employer

My question involves defamation in the state of: California

Two years ago I left a company and went to a competitor. Recently my former boss, who is the owner of the company, wrote the President of my current company and said I stole client information when I left and have been proactively soliciting their clients. Firstly, none of that is true (I don’t even proactively engage clients) and secondly my former boss knows companies belong to the same industry associations and we receive client lists from those associations on a regular basis. While my boss told me not to worry about it I’m concerned about my reputation. I work in a very small industry (over 25 years now) and this kind of accusation could be damaging.


Former Employer Wrote Lies About Me to Current Employer

Political Discussion

This Foley scandal is something else! Kind've reminds me of that Dateline show: "To Catch a Predator"


Political Discussion

Other Injuries: Best Online Legal Consult and Advice Services India | Lawclik

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Other Injuries: Best Online Legal Consult and Advice Services India | Lawclik

Lost Property: Vehicle Sold by Towing Company

My question involves personal property located in the State of: Georgia
On June 6, 2018 I was involved in an accident of which I was at fault. The vehicle, I believe, was a total loss, for, as from what I can see of the accident report almost all panels of the car were damaged. Due to the type of violations, which included; DUI drugs and possession of drugs, I was taken first to the hospital and then to the jail, (I broke my collarbone). I was eventually given an OR bond and released from jail on July 18, 2018. The next business day I called the tow company of record to inquire about the contents of the vehicle, as I had some semi valuable property in the vehicle which included tools, electronics, prescription controlled medication, etc. I was informed that the vehicle was sold to a scrap yard and the contents of the vehicle, (which were partially inventoried by the police officer), were sold with the vehicle.
Due to the fact that I was in the county jail, I didn't receive any notification that the vehicle would be sold even though it should have been known that I was in jail.
Do I have any recourse to receive value for the property sold with the vehicle. I would say the total value would not exceed a few thousand dollars.


Lost Property: Vehicle Sold by Towing Company

vendredi 27 juillet 2018

Establishing Paternity: Mother Knowingly Lied to Biological Father

My question involves paternity law for the State of: Arkansas

My husband has an ex who he was with for a few months and then found out she had been cheating on him. He left her, she ended up being pregnant but she told both the men that the baby was theirs. She changed her story back and forth saying there was no way her daughter was my husband's. The other man ended up signing the baby's birth certificate and it was left at that until recently she contacted us saying she was confessing that she lied and that my husband is the biological father and that she knew all along. Its not hard to believe since the baby looks identical to him She has lost custody of the baby due to abuse claims and the "legal father" has the baby in her care but there are also suspicions of abuse there too. Mind you, the mother has never allowed my husband to even think about being a part of the baby's life until now, and the child is one. She's telling my husband that he won't be "dad", because the baby has already had so much confusion regarding her father. After getting a DNA test and it's confirmed, what legal action can be taken?


Establishing Paternity: Mother Knowingly Lied to Biological Father

Health Insurance: Divorced but Still on Health Insurance

My question involves insurance law for the state of: California

Thank you in advance for any assistance. After seven years of marriage the end was near. Wife works for a large corporation and I have my own small software company. We are lucky enough to have medical, prescription, dental and vision coverage through my wife's employer. They deduct about $250.00 per month from her check for my portion of the coverage. In December we filed for divorce. Her open enrollment period was November for making changes to insurance. The divorce became final in June. She has yet to turn in the divorce paperwork to her employer so they are still taking money from her check and wants me to reimburse her claiming that I am still covered. I would suspect that since she hasn't turned in the paperwork that I am still covered on paper but am wondering if it would be considered fraudulent. Also, in reading her corporate benefits documents that she left behind it says that you must report a "life event" within 30 days or you will have to wait for open enrollment to make a change to the insurance coverage. She is asking me to pay her and I am not sure how to proceed. Any advice? Thanks again...


Health Insurance: Divorced but Still on Health Insurance

Nuisance: Neighbor's Tree Grows into My Property and Damages My Fence

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

My neighbor's tree has encroached my property line, damaged/broke apart the foundation of my fence,and lifted the concrete of my driveway. I have spoken to her many times in the past years about this and even offered to pay the cost to have the tree removed. But she did not care. Now the tree is getting even bigger and causing more damages to my property. What can I do? Any help will be greatly appreciated.


Nuisance: Neighbor's Tree Grows into My Property and Damages My Fence

Contracts and Agreements: Is Additional Insurance Required As a 1099 vs Owning a Company

My question involves independent contractors in the state of: Colorado

I currently own my own roofing company, but I wish to take on additional work as a 1099 contractor separate from the company. Can I use my existing liability insurance policy that I have for my company when working as a 1099 contractor doing work that is not contracted through the company?


Contracts and Agreements: Is Additional Insurance Required As a 1099 vs Owning a Company

Retailers: Caught Shoplifting at Urban Outfitters

My question involves a consumer law issue in the State of: New York
I am a minor and I got caught shoplifting with my friend who is also a minor at Urban Outfitters. We tried to take maybe in total $80 worth of objects between the both of us. They stopped us at the front of the store and made us give everything back, then asked for our IDs. We said we didn't have any on us and they said that they anyways caught us on camera and our pictures caught on their cameras would be sent out to every other UO store. They then said to never come back to Urban Outfitters again. I learned my lesson and it was very stupid of me to do -- but I have questions.
- Do they keep a database of people who shoplifted, even just a picture of their face, specifically on minors?
- If I ever go back into any Urban Outfitters, what would happen? They technically banned me, but would I be charged with a felony if I ever go back?
- Is there a point where it is safe to go back, in say, 3 years?
- Would they really send out a picture of me and my friend faces (that were only caught on video camera and not a real picture) to their other locations?
- What are the chances that if we ever go back to a UO store that they would catch us?

Someone please answer ASAP! Thank you.


Retailers: Caught Shoplifting at Urban Outfitters

Health Insurance: How Much Overcharging to Be Considered Fraud / Illegal

My question involves insurance law for the state of: Texas

Before surgery, wife's surgeon had a medical supply company send her a Plasma Flow leg compression device without our knowledge. The medical supply company called my wife and told her they would send it and all cost would be paid by insurance. So she said ok without my knowledge.

Supply company, which was in-network, filed claim which was denied because they did not pre-certify it. EOB said I had zero responsibility. Claim amount was $5000. I see this on an internet medical supply web site for $143 and on Ebay new for $70. Then Company#2, which is probably the distributor for Company#1, decides to file a claim for $6000. #2 is out-of-network, so claim is denied for same reason, but because out-of-network EOB says I may be responsible for the $6000.

I call BCBS and tell them claim#2 should be denied because it is a duplicate of claim#1. They did not seem to agree on that. Then I tell them I never received any item from Company#2, so they make a claim adjustment which the person said should make me not responsible. But now I get EOB #3, and it also says I may be responsible for $6000. It was denied due to "your plan covers rental equipment up to purchase price. Because the rental charges exceed the purchase price, or the purchase price has been paid on a previous claim, no further payment can be made".

I do have an option for appeal to TDI (Texas Department of Insurance) as I am a state employee and their Health Select is covered by TDI. Do I have other options? Of course, I will be calling Blue Cross to complain again. I also see they have a Fraud Hotline number. Should I try to call this fraud? Seems like going up the supply chain until you can find an out of network vendor should be illegal?


Health Insurance: How Much Overcharging to Be Considered Fraud / Illegal

Vehicle Towed from the Propert

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

I signed a lease at my apartment and they gave me tags to place in my vehicles. I places the tag so that it can visible be seen from the outside as instructed to do so. I hadn't moved one of my vehicles in a few weeks so the landlord put a notice on my car stating that I needed to "move it around and clean it" I saw the notice and went inside my apartment. Well, she had my car towed 72 hours later. I called asking why my vehicle was getting towed to which she assured me it was still in the gated lot even though I am literally talking to the guy who was towing my vehicle. Under California Law, the property does have the necessary signs, but since I live there, I'm not using it as public parking. I did not get a single sign on my door or a phone call. Just flimsy piece of paper on the door with no timeline on when my car would actually get towed.

1. Legally, can they tow my vehicle without giving me my perceived 96 hours under California Law?

2. Can I request the legal justification they are using to justify towing my vehicle within 72 hours?

3. Can I forgo to last three days of rent and just move on to cover the expenses from getting towed?

4. Is it even worth getting a lawyer since I'm leaving the state anyway? Any information would be much appreciated.


Vehicle Towed from the Propert

Medical Malpractice: Tumor Missed in Unrelated Mri

My question involves malpractice in the state of: California

I'll try to keep this simple for the moment.
My wife was recently diagnosed with kidney cancer. We had 2 doctors review an earlier CT Scan from 2015 and they found evidence of the tumor on those scans as well. How clear or how hard they had to look I have no idea. The 2015 CT scan was done after wife complained of back pain. Nobody appears to have noticed the tumor in the scans at the time they were reviewed in 2015, or, to be more factual, "nobody mentioned it to us at the time". We can't find a copy of a report from the radiologist or anything, all we have are the actual CT images.

My Question: Is it conceivable that there is a malpractice case to be made in a situation like this when the initial imaging in 2015 was not specifically intended to scan the kidneys for tumors?

I am not sure. On the one hand, most of the time these days Kidney Cancer is caught by indications on unrelated medical imaging. Would have been nice to catch this 3 years ago when it was evidently smaller. On the other hand, I am not sure if the folks who review the images are necessarily experts in spotting kidney tumors. On the other hand, you might expect that whoever reviewed the CT Scan would look at the Kidneys for someone complaining of back pain.

Thanks


Medical Malpractice: Tumor Missed in Unrelated Mri

Retail Fraud / Shoplifting: Retail Fraud 3rd Degree - Voluntary Probation

My question involves criminal law for the state of: Michigan

In April, I stole $8 worth of goods from Walmart. An officer came and took notes about what happened but I was ot taken to jail. He said I would receive a warrant for my arrest in about 2 months. I am from a town about an hour away where the crime happened and have a lawyer from my home county. I just received the following:

"A warrant has been approved for your arrest for the charge of retail fraud - third degree. The Ingham Prosecuting Attorney has delayed action on a warrant pending an investigation by the Prosecutor's Diversion Program. The purpose of this investigation is to determine whether you qualify for a voluntary probation term. Satisfactory completion of the probation term would result in the charges being dropped and a clean arrest record. Your scheduled appointment is at the Prosecutor's Diversion Program Office."

- What do I need to bring to the "appointment?"
- Do I need to bring my lawyer?
- What will they be looking for for me to qualify for the probation term?
- Will I have any sort of criminal record after this?
- Is this a court appearance or hearing?
- What questions should I be prepared to answer?
- Will my college or future employers have any way of knowing about this?
- What is a "voluntary probation term?"

Can someone explain this process and letter to me and how I should best handle it? Thank you.


Retail Fraud / Shoplifting: Retail Fraud 3rd Degree - Voluntary Probation

My New Ac is Too Big

My question involves a consumer law issue in the State of: Florida
Hi everyone,
A couple of months ago I had my AC replaced in the bedroom area. They installed a 3 ton unit for an area if roughly 700 sq ft. Despite my doubts, they confirmed it was the right size. After all, they are the experts, not me. It turns out that the indoor unit is extremely noisy, the pressure in the ducts is so high that the debit of air coming to the room is high and again, very noisy. I had to remove the vents to avoid any whistling noise. The tape around the top of the AC is coming off, there is so much pressure in that small closet.
The AC company came back twice, to slow down the speed of the fans, yet the problem remains. Now they are telling me my ducts are too small and offer me a quote to change them.
I had another 2 AC company round and they both confirmed the unit was oversized. Solution may be to install bigger ducts, but it would be best to change the unit of course.
How can I get the AC company to do a correct job and replace the unit to a smaller one at no cost to me? Thanks a lot for your help.


My New Ac is Too Big

Enforcement of Judgments: Language Unclear in Marital Settlement Agreement

My question involves a marriage in the state of: Maryland.

Ex husband and I have a marital settlement agreement in our divorce. There is a section pertaining to automobiles. Ex husband purchased a car in his own name, titled to only himself with a loan in his name only. When he bought the car he declined the gap insurance coverage. In the divorce I was awarded sole use and possession of the car provided I made all payments (see portion of agreement below).

"Husband owns a 2015 Volkswagen Beetle ("the Beetle") in his sole name; which Beetle
is driven by Wife. The Beetle is subject to the lien of a loan to BBT in Husband 's sole name.
From the date of this Agreement, Wife shall have sole use and possession of the Beetle, provided
that Wife timely pays all costs, expenses and liabilities associated with the Beetle, including but
not limited to the loan (which shall be paid by auto-pay from Wife's account), insurance, all toll
charges and/or photo tickets past, present or in the future, and Wife shall indemnify and hold
Husband harmless therefore. .... If Husband makes any payment
relating to the Beetle to protect his credit rating or otherwise, or if Wife lets the insurance on the
Beetle lapse, then, upon thirty (30) days' notice to Wife, Husband shall have the right to take
possession of the Beetle and sell the Beetle to pay off the outstanding loan obligation. Wife shall
indemnity and hold Husband harmless for any of the payment relating to the Beetle that she
herein agrees to pay."

Nothing in the agreement covered accidents or damage to the car. A couple weeks ago I had an accident and the car is totaled. I was not issued citations and received no tickets. I made the payments up until the time I no longer had the car (July 13, 2018). The insurance paid him for the car leaving a balance a little over $1,000 due on the loan. He is insisting it is my responsibility to pay it and threatening to sue me if I don't. Does the "indemnify and hold harmless" language in the agreement make me responsible for the balance on the car if I no longer have use and possession? Will I be required to reimburse him for any payments he makes?

Thank you.


Enforcement of Judgments: Language Unclear in Marital Settlement Agreement

Seller Disclosure: Pest Control Disclosures in California

My question involves real estate located in the State of: California
We recently completed escrow on a property. During escrow, we did general inspection, A/C inspection and termite inspection.

After we got the house, we discovered that the house has had significant roach infestation issues for 3+ years. We can still see some live insects in the house.

We hired an exterminator to spray inside and outside, before we move in.

Is the seller liable for not disclosing this during escrow ?
If so, what is our recourse ?


Seller Disclosure: Pest Control Disclosures in California

Social Media Sites

Why doesn't Expert Law link to social media sites like Facebook and Twitter? Now I see the links!


Social Media Sites

Sex Offenses: Nudity on Webcams

My question involves criminal law of two countries.

I warmly welcome.

In advance, sorry for my english, but i’m from europe.
I have a question about websites enabling video communication with random people from around the world, where access is from 18+ (before entering the "room" there is information about possible erotic content and should be confirmed by the age of majority, eg: omegle unmoderated, dirtyroulette, etc).

Is the presentation of nudity, sexual organs, stimulation and activities known as cybersex (between adults) on such websites punishable?

What if the person B exalts his real age and comes to the so-called cybersex?

What if the under-aged person under 15 is in such a chat (which theoretically should not be) and will be a witness to the presentation of nudity or stimulation through an adult.

Each country has its own law, how does it look like to respect the law for such activities in which two people from different countries connect via the Internet?

Can I get troubles from this sites?
Thank you for help.


Sex Offenses: Nudity on Webcams

Avatar

Is displaying an avatar of yourself taken from a webcam for a message board a good idea?


Avatar

Divorce: Out of Country Marriage

My question involves a marriage in the state of: Connecticut

Hello. I was married in another country where my husband was a citizen. We lived together in Connecticut for 16 years. I have since moved to another state, he is still at our residence in CT.

I want to file for divorce. Do I have to file in CT?

Thank you


Divorce: Out of Country Marriage

jeudi 26 juillet 2018

Land Rights: Is It Legal for My Neighbor to Be Using Our Mailing Address

My question involves real estate located in the State of: Mississippi
We had just bought a house and 7/23/18 was the first date I got a package at our new place. The mail carried asked me, so your mailbox is the gray one, so I said, no, it should be the black one that has our house number on it. Then he informs me, that it belongs to our neighbor. So, I am just a little confused because, our mortgage letter shows our mailing address/the property we bought, so how is it that our neighbor has the same exact number as ours? If you search land parcels, he has two lots and ours is one big land which is a totally different parcel. He goes through our property to get to his, even though, his property actually has access to a different road/street. The house we bought has been vacant for a while after the owner had passed away. Is it legal for him to be using our mailing address? Does he have a right to be using our mailing address? Any help or explanation is very much appreciated.


Land Rights: Is It Legal for My Neighbor to Be Using Our Mailing Address

Visitors and Guests: How to Remove Guests from the Home

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

Hello,

I have a family which where originally invited into our home as they were down and out on their luck (lost their home). As a good person and the recommendations of a friend we allowed them to move in with the understanding that it would be for a period of 90 days or so. However its been now well over 90 days (9 months) and so far no sign of them leaving. The family have not been unfriendly or ungrateful and they are always very friendly, however they have little by little relocated almost all their belongings into the house (property). They do not pay rent or did we ever request it but they do pay the utilities.

At this time we have not requested them to leave but when we do we're very hopeful they will without any issues. But should they refuse to move out, what legal recourse would we have?

Thanks
CMA


Visitors and Guests: How to Remove Guests from the Home

Getting Fired: Return of Company "Gift" and Bounced Check Reimbursements

My question involves labor and employment law for the state of Utah

I was recently laid off with no explanation. My last checks bounced (as with all 300+ employees), and I wanted some answers as to when I could get paid and reimbursed for overdrafts. I was told if I don't trust the company I shouldn't work there and I was fired. The next day they said they had my checks ready (only last two checks no severance) and they said I couldn't have them until I return my laptop. The laptop was given as a gift from my old boss at the company who has since left the company. I NEVER signed any company property paperwork and was told it a gift, and I can keep it. I had it for three years. Can I legally keep it? There is nothing in my contracts about the laptop or return of property. Also, do they have to legally pay back my overdrafts from their bounced checks and a severance?


Getting Fired: Return of Company "Gift" and Bounced Check Reimbursements

Visa Waiver Program: Problem with Esta

Hi-

I'd like to visit some friends in the US. Since I have dual citizenship I wanted to travel using the one from the country that is included in the visa waiver program. Since I wasn't sure how to fill out the form and I didn't want to make mistakes, I went to an agency that offers that service.

I told the agent that in 2005 I had been rejected a visa on my other passport (although 2 months later I got that visa and was able to travel to the US). He said it didn't matter because it was on my other passport, not the one included in the visa waiver program, so he answered No to the question about having a visa rejected in the past. Today I read that no matter what citizenship I had at that moment the visa was rejected, a rejected visa is a rejected visa so the answer should be Yes to that question. I also read that not saying the truth is considered fraud and the person would be banned from entering the US for a long time. Now I don't know what to do!

When I contacted the agebt that filled out my application and told him what I found out he just answered "You were notified of that." That is NOT true! He said the complete oppossite!

I never wanted to lie or do something wrong and now I'm in this situation. Is there anything I can do? Maybe contact the ESTA services and see if they can change that? I don't want to get in trounle so I'd rather have my ESTA canceled and not travel to the US than be changed with fraud...

Any advice?

Thanks!


Visa Waiver Program: Problem with Esta

Emancipation: Emancipation by Notary vs Court

My question involves juvenile law in the State of: Louisiana

Quote Quoting Louisiana Civil Code, Art. 368. Limited emancipation by authentic act.
An authentic act of limited emancipation confers upon a minor age sixteen or older the capacity to make the kinds of juridical acts specified therein, unless otherwise provided by law. The act shall be executed by the minor, and by the parents of the minor, if parental authority exists, or by the tutor of the minor, if parental authority does not exist. All other effects of minority shall continue.

As a parent of a 17 year old daughter, will Article 368 cover her in a relationship with an adult? I have been reading and comparing Art 368 and Art 366. I am trying to give emancipation by notary (fastest and Cheapest) vs the court due to age now and 4 months until she is 18.

Both parents and 2 witnesses and notary signatures available.


Emancipation: Emancipation by Notary vs Court

Transferring Title: Seller Never Legally Owned Trailer Can I Get My Money Back

My question involves vehicle registration or title in the state of: arizona . to work in an RV park . they said i must live there. they had travel trailer to sell me so i could reside and work . the trailer was setup with addition attached . i have repaired and upgraded the trailer . i after paying on payments and paying off . i come to find they never had legal title . can i get my money back ? i want to


Transferring Title: Seller Never Legally Owned Trailer Can I Get My Money Back

Home Insurance: Homeowner Discounts: Alarm Systems

My question involves insurance law for the state of: Florida

Do homeowners qualify for potential discounts on their insurance policy if they simply install any type of alarm system or are there certain guidelines that must be followed (e.g. including smoke detectors, etc.)?


Home Insurance: Homeowner Discounts: Alarm Systems

Denial & Appeals: Receiving Unemployment and Disability

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

I filed for both disability and unemployment, hoping to get one...both started sending checks. Now, A year later, unemployment is asking for all the money back plus a $3,000 penalty.
I stopping receiving disability in February and then refiled for disability after unemployment ran out in May.

EDD Unemployment is stating that my Doctor by filling out disability is saying that I am fully disabled. The disability form actually says unable to perform regular or customary work. While receiving unemployment, I applied for jobs each two weeks and did not get hired.
I need to file an appeal to EDD as not to pay the additional $3,000 fine. They claim that I falsified statements on the unemployment forms. I did not.


Disability asked to have my new Doc fill out a disability continuation form...which he did twice. Now they are asking for a new claim to be filed. They have not sent a check since February. So, I am unemployed, partially disabled and not receiving any check.
Thank you for your help and advice.


Denial & Appeals: Receiving Unemployment and Disability

Paternal Custody - No Custody Agreement

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

I live in Texas, she lives in Kentucky with the kids. She moved from Texas to Kentucky 2 years ago when we decided we were going to separate and begin divorce proceedings.

I just found out, Father's Day, that my wife (we have NOT finalized divorce yet, we are still technically married) had our children taken into state custody permanently. They are with a Foster family, but not adopted to them. (This, apparently, happened last December!)

Upon discovering this, I have been in contact with the courts system and CPS with regard to them not contacting me.

We (myself and CPS) have arranged a court hearing on August 9 with regard to the fact that I would have, and still do, want to have full custody.

I would have taken them initially, in December, had they contacted me about taking the kids from her; however, even they admit, they didn't try to make me aware of the situation since I live in Texas (their own admission).

What, if anything, should I say or do, to gain custody of my children?

There is no custody agreement between my soon to be ex and myself.
CPS doesn't seem keen on the idea of an out of state transfer of custody (although I will be there in person on the court date).

My thought process: we are not divorced. Therefore, at any time prior to, or during this incident, my STBX could have given me custody. And I, just as well, could have picked them up from school or anywhere and taken them home to my house and nothing could have been done.
How is this situation any different?
I don't want my kids in the system and had I known she was having trouble, I would have taken them. She originally begged me to let her take the kids, and had been really good (until last December... Should have been a red flag) about letting us video chat almost daily and letting me visit at least once a month when I would drive out there in person.

CPS already ran a background check on me and it came back clean. We verified paternity via the vital records office and birth certificates.

If I need to clarify more points, please ask. My mind is a jumble and I want to be able to go in and make a clear, concise, point to the judge when it is my turn.

Is there a legal precedent to this? I don't know how to or what to look for, I've been trying. Which is what landed me here.


Paternal Custody - No Custody Agreement