jeudi 28 février 2019

Traffic Accidents: Unusual Accident - Need Suggestions

Accident occurred in the state of: MA
I posted in a wrong section and do not how to delete it. I think this is the right place to post my case.

Hi Everyone,
I had a accident in MA during peak traffic time yesterday morning and we just exchanged insurance without calling police.
I tried to turn left from main street to a side street when the first three cars (turning lights were off) in the other direction let me turn. Unfortunately, another car did not stop in line but quickly passing on the right of those three cars and hit my front bumper. The insurance company (both has the same company) determined its my 100% responsibility for this accident after I provided more information.
The pictures are shared in this link: https://drive.google.com/drive/folde...HA?usp=sharing

The main street has one lane in each direction (I was confirmed by the traffic department of the city). The key question is whether she has right-of-way during that time.

According to MA Driver's Manual or https://malegislature.gov/Laws/Gener...er89/Section2:
Passing on the right is only allowed in certain circumstances. It can only be done when the road is clear and is wide enough for two or more lines of motor vehicles. You can pass on the right in the following circumstances:
• The vehicle you are passing is making, or is about to make, a left turn.
• You are driving on a one-way street.
• You are driving on a road where traffic moves in one direction (such as a multiple lane highway)

I drove on this way almost everyday and never see such incident to me or others. I reviewed the my other dashcam videos on the same T-intersection, and found when the cars stopped to give permission, people just make left turn, no one stopped to see if any car comes towards by passing on the right. In my case, it is an coincidence the three cars all stopped near the double yellow line so there was space for another car passing through. They may intended to turn left in the front intersection or some of them may do not want to take risks to pass on right and would go straight after my turn. Obviously, all of them were not about to turn right to the side street in this case.

Based on the damcam, I can see she did change the direction a bit to the right and pass but you know, before I made left turn, I was not aware that she will rush into my car.
I believe such rush passing is dangerous if there is pedestrian walking across the main street because those three cars would block her view and her speed was relatively fast.
What is your opinion about my case? I appreciate any suggestions. Thank you everyone. Drive safe!


Traffic Accidents: Unusual Accident - Need Suggestions

Traffic Accidents: Noc vs Noi

Can someone explain what NOC and NOI are?

NOC is "Notice of Claim" and NOI is "Notice of Intent?" All I know is that attorneys sometimes record the dates of each.

If there are documents that go along with these, can someone point me in the right direction?


Traffic Accidents: Noc vs Noi

Determination of Fault: Unusual Accident - Need Suggestions

Hi Everyone,
I had a accident in MA during peak traffic time yesterday morning and we just exchanged insurance without calling police.
I tried to turn left from main street to a side street when the first three cars (turning lights were off) in the other direction let me turn. Unfortunately, another car did not stop in line but quickly passing on the right of those three cars and hit my front bumper. The insurance company (both has the same company) determined its my 100% responsibility for this accident after I provided more information.
The pictures are shared in this link: https://drive.google.com/drive/folde...HA?usp=sharing

The main street has one lane in each direction (I was confirmed by the traffic department of the city). The key question is whether she has right-of-way during that time.

According to MA Driver's Manual or https://malegislature.gov/Laws/Gener...er89/Section2:
Passing on the right is only allowed in certain circumstances. It can only be done when the road is clear and is wide enough for two or more lines of motor vehicles. You can pass on the right in the following circumstances:
• The vehicle you are passing is making, or is about to make, a left turn.
• You are driving on a one-way street.
• You are driving on a road where traffic moves in one direction (such as a multiple lane highway)

I drove on this way almost everyday and never see such incident to me or others. I reviewed the my other dashcam videos on the same T-intersection, and found when the cars stopped to give permission, people just make left turn, no one stopped to see if any car comes towards by passing on the right. In my case, it is an coincidence the three cars all stopped near the double yellow line so there was space for another car passing through. They may intended to turn left in the front intersection or some of them may do not want to take risks to pass on right and would go straight after my turn. Obviously, all of them were not about to turn right to the side street in this case.

Based on the damcam, I can see she did change the direction a bit to the right and pass but you know, before I made left turn, I was not aware that she will rush into my car.
I believe such rush passing is dangerous if there is pedestrian walking across the main street because those three cars would block her view and her speed was relatively fast.
What is your opinion about my case? I appreciate any suggestions. Thank you everyone. Drive safe!


Determination of Fault: Unusual Accident - Need Suggestions

Driver's License Reinstatement Suspended License . 10 Years After

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

I got into an accident about 10 years ago with no insurance and that's how long my license has been suspended for.
The other person's injury settlement was for about $20000.
I have been fine with no license up until this point. But I can not pay that amount, nor have I paid it.
The DOL will not issue me another license until that is paid off in full.
I've tried calling the number for the attorney on file to set up payments and such but it looks like they are no longer practicing. Plus they're/were located in California.
Since it's been so long, I was wondering if there was a way around this? So I can get my license back.

Also according to the court records in 2015 this is stated

"Clerk's Notice for Dismissal for Want of Prosecution Clerk's Notice for Dismissal filed"

not exactly sure what it means?

I was planning on filing for bankruptcy to remove this from stopping me to get a license as it seems that's the only way at this point. And I probably need to file for bankruptcy either way.

I just want my license back at this point.
Any help or insight would be great.


Driver's License Reinstatement Suspended License . 10 Years After

Dual Counties, Same Child, Child Support Worker Changing Why Case Was Open and when

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

In June of 2018, I dropped arrears ex owed me (around $14,000) because he said he wouldn't file for support in Carver County. He has had our daughter since 2015, and we've had an open case in Hennepin county but he never choose to have it modified so that I would pay. When we went to court (6-2018), he stated he wanted the case closed because he didn't want a dime from me. He lied and already filed in Carver, and now they're trying to get me to payback support when the case was still open in Hennepin


Dual Counties, Same Child, Child Support Worker Changing Why Case Was Open and when

Unlicensed Driving My Son Was Recently Pulled Over for Speeding

My question involves a driver's license issued by the State of: California
he got pulled over for speeding and he is unlicensed, however he has an appointment to get his DL in about 3 weeks, will the DMV let him go forward with obtaining it, or is there going to be consequences for this. Please let me know! the cop was nice and did not impound the car, just gave him a ticket for speeding and no DL.


Unlicensed Driving My Son Was Recently Pulled Over for Speeding

mercredi 27 février 2019

Legal Age You Can Hire Prostitute

My question relates to legal practice in the state of Asia
Hi all. Was just wondering what the legal age is for hiring an escort. Is it 16 as in the legal age of consent or 18? Thanks very much.


Legal Age You Can Hire Prostitute

Ip Clause in Employment Contract

I am about to sign a contract of employment with a Uk company based in my own country.
My job requires me to create IP works and assets involving existing IP that is owned by said company.
However, before I sign the contract, there's an employment clause that I am unsure of how to interpret so I would like to ask experts in this forum about it.

---------------------------------------------------------------------

12) Intellectual Property:
If you, either alone or in conjunction with any other person create, invent, devise, develop or originate any design (whether registrable or not), work or other Intellectual Property in which any Intellectual Property Right may subsist, you shall immediately disclose the same to the company. You also hereby confirm that, all such Intellectual Property therein will be owned by the Company. Insofar as any Intellectual Property Rights in such Intellectual Property become vested in you, and for greater certainty, you hereby unconditionally irrevocably assign to the Company the copyright and all other Intellectual Property Rights for the full term in which such rights exist or are capable of existing throughout the world.

---------------------------------------------------------------------

My concern is this:
Does any original IP created by me during my employment period belongs to the company, even outside of working hours? Or it only applies to existing IPs that do or do not belongs to the company?
I asked the HR about it and her reply was any and all IPs. But from what I read, it doesn't seem like that is the case.


Ip Clause in Employment Contract

Local Taxes: Property Tax Increase Classified As 401 Residential Improved for Multiple Years

Hello Everyone,
My property tax issue is in the state of Michigan. I received a letter showing my taxable value is increasing this year from $62,719 to $71,224 (more than the allowable 1.024 inflation rate) for a substantial property tax increase. It says, this property is classified as 401 (Residential Improved), prior years classification was also 401 (Residential Improved).

A little background: In 2014 we had a tornado that caused significant property damage to the exterior of my home, detached garage, and agricultural barn used to house our two horses. We hired a contractor who replaced the siding on the house and garage (exterior trim and awning also), replaced our pool and deck, and tore down and replaced the agricultural barn with a new one covered by insurance. It is truly an agricultural barn (even though it is new it still has a dirt/gravel floor, 2 horse stalls, hay and tractor/tractor implement storage only). All repairs including the barn were complete by spring 2016.

The only thing I noticed that was strange was on my county website for my address it has pictures of my barn taken from my neighbors property and it says "found on google Earth 2018". (Note: Google Earth shows the old damaged barn in 2015 and the new barn in 2016). My contractor pulled permits for everything except for the pole barn because it was replacing a grandfathered agricultural barn that was destroyed in the storm. Agricultural buildings are permit and tax exempt. The property before I purchased it was zoned agricultural but was later changed to a residential zoning when I purchased it. However, because I have more than 5 acres current zoning ordinance allows me to have 2 horses along with other farm animals such as chickens, ducks, rabbits etc. There have been no improvements to the house or the property since the repairs completed in 2016 (other than planting some trees to replace the ones destroyed by the tornado).

How can the township continue to raise my taxes every year with a classification of 401 residential improved for repairs that were completed over 2 years ago? Can I appeal this decision and would it make sense to win an appeal like this? Do I need to file the appeal to the local board of review and what should I put in the appeal? I've never had to do anything like this before regarding my taxes. All prior years before the storm were taxed at the normal inflation rate without significant jumps. When do you get a real estate attorney involved? Thank you!!!!


Local Taxes: Property Tax Increase Classified As 401 Residential Improved for Multiple Years

Sites Gaming Popular Indonesia

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Sites Gaming Popular Indonesia

Hours: Implementing New Hours of Work; Union Shop

My question involves labor and employment law for the state of: WI
Work at a small(30) union shop where contract specifies three eight hour shifts Monday through Friday, 1st 7-3, 2nd 3-11, and 3rd 11-7.
New contract signed in Oct., 2018 with above hours clearly stated. Company has since eliminated 3rd shift, and wants to implement a four day ten hour shift rotation, but only for 2nd shift.
As this is a unilateral change that only applies to one shift, I feel it violates the contract and should not be allowed to happen.
Apparently the company feels the bargaining unit employees don't even need to vote on this, and they can implement this on a trial basis at will.
Any thoughts?


Hours: Implementing New Hours of Work; Union Shop

Solicitation of Prostitution - the Robert Kraft Situation

My question involves criminal law for the state of: Florida

Robert Kraft and others were recently charged with solicitation of prostitution in a prostitution sting in south Florida. While I don't know the precise details, I can go by what I've heard through the news media.

Kraft is alleged to have entered an establishment which from all outward appearances is a massage spa (or parlor). Kraft allegedly went inside the lobby area and paid an amount of somewhere from $59 to $79 at the reception area. He was then led to a room where a woman came in and stimulated his genitals. He then gave the woman some money and left the premises.

I could be wrong, but it doesn't seem like he solicited prostitution. If he was paying for a massage, and they instead provided stimulation of his genitals - without him ever asking for anything special - after which he gave them money, how does that constitute solicitation of anything? What if a house cleaner comes to your house. You pay her $100 in advance to clean your house and instead of cleaning your house - without you ever asking for anything special - she stimulates your genitals, after which you give her another $100. Doesn't there have to be a clear request of sex in exchange for money for it to constitute solicitation?

In another thread in this forum, someone said "Entrapment is where the police or an agent of the state induced a person to commit a crime they wouldn’t have otherwise done." If the police had enough to get a court order to install cameras inside the spa, then wouldn't that be enough for them to have the authority as well as the duty to at least temporarily shut the place down? So by not shutting it down when they had sufficient reason and duty to do so, haven't they committed entrapment?

When one enters an establishment of that type, wouldn't there be a reasonable expectation of privacy? Is it actually legal for the police to place cameras inside a place of that type without posting a notice? It's a private place.

Finally, if a third party forces a woman to have sex with a man against her will, the man is not told she is being forced and she acts as if it is consensual, how could the man she has sex with be charged with having non-consensual sex?


Solicitation of Prostitution - the Robert Kraft Situation

Social Security Issues: Denied Request for Reconsideration After Receiving SSI for a Few Years

Hi so I just appealed and requested a hearing with an administrative law judge. I wanted to know my options to make sure I don't lose this one. Can I get an attorney at this point or is there something else I can do?


Social Security Issues: Denied Request for Reconsideration After Receiving SSI for a Few Years

No Will, Minor Children, No Spouse. Who Controls Assets Pending Probate

My question involves estate proceedings in the state of: Ohio

The individual who died was a single, never-married father of two.

There is no will or trust.

The two biological children have different mothers.

The two biological children are minors.

Following the death, the deceased's father (in cooperation with the deceased's biological siblings) has assumed control over the deceased's single-family home and assets inside. By "assuming control," I mean the father has: acquired the keys to the property and has been visiting the property often; been deciding who can enter the property and when; allowing or not allowing certain people to remove property from the home, including telling one of the mothers of one of the father's children she couldn't remove property that the deceased bought for the child they have together.

The brother has been directly observed (by me) removing items from the property while the father was present. By full disclosure, it is not know if the items are the brother's and were in possession of the deceased or if they were the property of the deceased and the brother is taking possession of them. The point is the father permitted it to take place.

A few questions...

Under Ohio law, aren't the descendants of the deceased first in line to receive the property in probate?

While it's reasonable that access to the property is in some way controlled or prevented to preserve order pending probate, should that authority automatically pass to the father?

What can the mothers do now to protect the deceased's assets on behalf of the deceased's minor children?

What steps are necessary to discover the amount of equity, if any, is in the property, and what steps do the mother's take to protect that equity on behalf of the minor children (such as making interim mortgage payments, etc.)?

Thanks.


No Will, Minor Children, No Spouse. Who Controls Assets Pending Probate

Recovery of Verdict

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

Hello - so i sued my ex landlord and won - but she has no job and is on disability only - how can i recover what has been handed down by the judge for her to pay me?


Recovery of Verdict

Security Deposits: Landlord Refused to Pay Back Deposit Claiming I Stole Something

My question involves landlord-tenant law in the State of: California. I had agreed to a deposit of $600 and month to month payments of $600. Upon leaving, I asked him if I could have the deposit back and he said he didn't have it at the moment but that he could mail me a check. I never got the check and after texting him about it he said I had stole some things and that I should replace them in order to make it right. I know he has been having lots of problems with other things in court like owing money on other properties and not providing livable conditions for his tenants. I know this is a lie and it's obvious he didn't mistake me for these missing things that happened before I arrived. I am sending him a letter requesting I be paid back or else I'll take him to small claims court. What would you recommend be the optimal courses of action here?


Security Deposits: Landlord Refused to Pay Back Deposit Claiming I Stole Something

Fences and Walls: Neighbor's Contractor Destroying Our Fence

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

Shortly after purchasing our home 10 years ago, we had our lot surveyed to determine lot lines and then put in a cedar fence around our entire backyard. The fence stands 2" within the property line. Our neighbor has a contractor/friend clear her snow every winter. Our backyard is sloped (as is hers). Along one side of the backyard, our shed stands about 18" from the lot line while on the other side of fence (about 18" from the fence) stands her garage. Her garage was built on raised and leveled land held by a retaining wall that runs along the property line on the other side of the fence. The retaining wall goes from about 12" high to 30" high roughly. Both structures were pre-existing when we bought the house. She does have a backyard and a front yard.

The problem is that the man who clears the snow piles all of the snow from her long driveway into a giant pile between the fence and garage. Snow fills the space. We live in Wisconsin where we get A LOT of snow each winter and the snow can be quite wet and heavy and take months to melt. Originally, this man would blow the snow over the fence onto our patio and shed. We asked him to stop. Then he would blow it onto the roof of our shed. We asked him to stop. Now this with the fence.

The weight of the snow along the top half of the fence is causing the fence to lean, causing premature water damage to the cedar planks and then all of the snow melts and runs into our shed, causing more damage. We have spoken with the man repeatedly. We have spoken with the neighbor. To no avail. It continues to happen daily.

Do we have any recourse? Thank you for any insight!


Fences and Walls: Neighbor's Contractor Destroying Our Fence

mardi 26 février 2019

Public Records: NJ: Town Denied My Request for Body Worn Camera Audio and Video

Good evening,

Not long ago my ex interfered with child custody. My ex withheld our child for close to 30 consecutive days. During that time, I went to the local police station in the town where my ex lives and asked the police to standby while I went to my ex’s home and attempted to regain custody of the child during my custodial time. I showed the police officer the court order stating I have sole legal custody and primary physical custody.

The officer and I left the station and drove to my ex’s apartment. The officer asked me to wait outside while he went inside the building. About 10 minutes later the officer came outside without the child. The officer then told me to file a complaint with the family court.

I did file with family court and my ex’s time with the child was reduced to supervised visitation. That has nothing to do with my question.

I filed an OPRA request with the police department for ‘any and all video and reports regarding the incident’. I received a one page report with some basic details. My request for the Body Worn Camera was denied. The Records Custodian wrote on the OPRA request “Denied – Juvenile”.

I filed a complaint with the NJ Government Records council regarding the denial wherein I stated I agreed to mediate. The town’s solicitor has agreed to mediate the issue as well.

My understanding of the NJ OPRA law is that the burden of proof is on the record keeper to explain why denial is authorized.

What types of arguments should I expect from the solicitor as to why they believe the body worn camera audio \ video should not be released?

Thank you


Public Records: NJ: Town Denied My Request for Body Worn Camera Audio and Video

Compensation and Overtime: Required Mandatory Overtime

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

I was just curious if an employer (in this case a federal government agency within the Department of Justice) can mandatory an employee to stay for an overtime shift. The scenario is this: said employee works a 2:15-10:15pm shift. The employee finishes that shift and prior to walking out the door, the supervisor contacts the employee and states they are mandating them to work an overtime shift (non emergency) from 12:00am midnight - 8:00am. This means the employee completes their scheduled shift, departs and leaves the place of employment and then has to return to work an hour and 45 minutes later to work a mandatory overtime (this employee lives too far away to drive home and then return in a timely fashion). Your options would be to sit/sleep in your car for the almost 2 hours or go to a local Walmart and walk around. Can an employer mandate you to leave and then immediately come back an hour or two later and if you refuse, bring about disciplinary action? I have heard of people getting mandatory overtime after a shift to work an immediate shift following their regularly scheduled shift.

Lastly, is there anything that states how many times in a row an employee can be mandated to work overtime (3 shifts, 5 shifts?) and who would be liable should an employee get injured either on their way home after 3, 4 or 5 16-18 hour shifts in a row (this type of situation would obviously present some workplace hazards as well as off duty hazards)? Thanks very much for any information or input. The water cooler - arm chair quarterback discussions at the office don't lend to any credible solutions!!


Compensation and Overtime: Required Mandatory Overtime

Hours: Forcing Mandatory Overtime on Employees

...


Hours: Forcing Mandatory Overtime on Employees

Speeding Tickets: Request for Advice: Contesting a 22350 for Going 47 in a 35 (Trial by Written Decl.)

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

Hello experts, I received a 22350 (Unsafe Speed) ticket last night in a city within Los Angeles County and I am planning to contest this and plead not guilty through a trial by written declaration. I will not be getting a lawyer (a friend suggested I use TicketClinic but I don't want to pay them $200 if I can help it.) Could you please have a look at my incident overview, my evidence so far, and my plan for contesting via a trial by written declaration and let me know your thoughts and recommendations? Much appreciated!

Overview of citation incident:
  • At a little past 11:00pm on 25 February 2019, I was pulled over by a police officer for 22350 V.C. Unsafe Speed. Officer’s verbal statements and the citation stated I was going approx. 47 MPH in a 35 MPH zone. ‘Laser’ checkbox was ticked, suggesting the Officer used a laser to measure my speed. Citation also shows LT (light) traffic, CLR (clear) weather, DRY street, DARK light, and BUS zone.
  • In my dash cam (I have front and rear footage captured), audio can be heard in which the Officer specifically identifies the stretch of road between the [210] freeway and Huntington Drive (see map below).
  • This is my first speeding ticket and I am planning to contest this ticket and plead not guilty through a written trial by declaration.


My plan to contest this citation and my request for your advice:
  • I am planning to contest this ticket with an aim to prove I was not driving at an “Unsafe Speed under the prevailing conditions”. I am also considering whether I should use a “Speed Trap” defense.
  • My current evidence (whether it will help or hurt my case, I defer to your expertise) includes my dash cam footage. This footage and the timestamp shows that my average speed on the stretch of road identified by the officer (which is 0.31 miles) was 39.8 MPH. (Note, the footage shows a Speed Limit sign of 35 MPH, but I am not sure if this will affect my defense at all).
  • Additionally, the video footage from my dash cam shows that the road was nearly empty with VERY light traffic, no pedestrians or buses, no obstructions and I always kept a safe distance between the car in front of me (which were very far away anyways). I traveled in a straight line on the same lane throughout the entire time and it was green light for me all the way. Please see a summary map/timeline I have provided at the end of this post.
  • I am planning to request an Engineering and Traffic Survey from the city to determine whether I have a case for a “Speed Trap” defense.
  • I am also planning to use the video and audio evidence (perhaps image screenshots in my written trial by declaration) to show that I was not in violation of 22350 which cites me for “Unsafe Speed” rather than specifically citing me for going over the speed limit.
  • I am also planning to submit an Informal Discovery Request to the Police Department to obtain the Officer’s copy of the citation and his notes on the backside, as well as any witnesses, dash cam footage from his vehicle, etc.
  • Question: Do you think I have a solid case for a defense? Are there any weaknesses in my case? Do you have any suggestions or recommendations for me to strengthen my case?
  • Question: Should I use the evidence from my dash cam including pasting a few images into my written trial by declaration (see images below)?
  • Question: Do you have any doubts about the Officer’s claim that he used laser to clock in my speed at 47 MPH on the specific stretch of road, and since his police lights did not turn on until 35 seconds after I passed the stretch of road? My rear dash cam also shows that the Officer’s vehicle was far behind me from the beginning – does this suggest he might have not used a laser and/or he drove at an even more unsafe speed to catch up to me?
  • Question: Should I still pursue an Engineering and Traffic Survey for a “Speed Trap” defense?


Timeline of incident as supported by my dash cam footage
  • 23:04:00 – I turned right from Central Avenue (after exiting the 210 W freeway) onto Myrtle Avenue traveling northbound (captured from front dash cam)
  • 23:04:28 –I reached the intersection of Huntington Drive and Myrtle Avenue (captured from front dash cam). Note: Distance between the 210 freeway and Huntington Drive: 0.31 miles. Time traveled: 28 seconds. Average MPH on the stretch of the road: 39.8.
  • 23:05:03 – Officer’s police lights turns on (captured by rear dash cam). Note: 35 seconds elapsed between me passing the stretch of road between the stretch of the road specifically identified by the Officer and the officer’s vehicle police lights turning on. My rear dash cam also shows that the Officer was initially very far behind me and had to catch up.
  • 23:06:28 – After we were pulled over on the side of a street, Officer’s voice was captured on dash cam specifically referencing the stretch of road between the freeway (210) and Huntington Drive.



Road conditions as shown in dashcam (my video/image evidence)
The conditions on Myrtle Ave between the 210 freeway and Huntington Drive was dry, clear, dark with VERY light traffic and the footage from my front dash cam supports this.

  • Immediately after entering Myrtle Avenue from freeway exit (Note: the 35 speed limit sight can clearly be seen on the right hand side of image: not sure if this will affect my defense argument?)

  • 14 seconds after I began traveling on Myrtle Avenue towards Huntington Drive (halfway into the stretch of road specifically mentioned by the Officer)

  • 28 seconds after I traveled on Myrtle Avenue and reached the intersection with Huntington Drive


THANK YOU IN ADVANCE FOR YOUR ADVICE AND RECOMMENDATIONS.


Speeding Tickets: Request for Advice: Contesting a 22350 for Going 47 in a 35 (Trial by Written Decl.)

Speeding Tickets: Speeding Ticket in Pennsylvania, Accutrac

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

I got a ticket this morning where the cop said I was going 46 in a 25. This surprised me, because the road before a small straight part if windy and I stopped and went slow to look at the creek. After the bend, I can see maybe I was going 35, but not 46, especially when I was getting ready to make another turn.

The cop used Accutrak. My issue is this. On the ticket, for miles timed, it says .027. Pennsylvania Code Law 3368 says "Speedmeters authorized - The rate of any vehicle must be timed on any highway by a police officer using a motor vehicle equipped with a speedometer. In ascertaining the speed of a vehicle by the use of a speedometer, the speed shall be timed for a distance of not less than three-tenths of a mile."

So my question is this. If the cop only had miles timed of .027, and it says the speed has to be timed for a least 3/10 of mile, would I win this case? Did this cop have a quick trigger since Accutrak, from what I am read, is like a stopwatch? Looking for any help as I know little about this. Thank you. Don't want 4 points and a $200 fine.


Speeding Tickets: Speeding Ticket in Pennsylvania, Accutrac

Training: Financial Agreement for Certification

My question involves labor and employment law for the state of: Kentucky, Indiana
My employer paid for me to obtain a certification and in December of 2018, I obtained the certification. Now, two months later, they want me to sign a financial agreement to repay the fees if I terminate employment within one year of the certification. They have recently cut hours to 30 per week, and I feel this is an attempt to intimidate me from considering other offers for better employment. What should I do?


Training: Financial Agreement for Certification

Drunk and Impaired Driving: Interlock Device Florida

My question involves criminal law for the state of: FLORIDA. I had 2 this on a florida license so I got a 5 year revocation. I am now. An ohio resident and florida allowed me to have the device installed in ohio. I had it done last week in order to start the process to get my record cleared in florida so I can get an ohio license. However I had some problems due to bad info from my installer that I didnt know was wrong at the time. We had it installed on my wife's car who is not required to have the device. The installer showed me how to use the device then I was going to show my wife as I do not have license yet. He insisted it would be 20 minutes until I had to blow a retest. Of course he was wrong and it wanted a retest while we finished up paperwork. We went to car and i panicked when i saw it had only 1 minute 33 seconds left and blew in it. I then put our bavy in the car and stroller and such and totally forgot to have my wife turn the car off and blow in it to start the car so I accidentally blew for her initially and she blew on the next test. I also was told by the installer that I could unplug the device on cold days so I did so twice when we had really cold nights. I just found out today from intoxalock that this is not allowed and can be construed as a violation. I'm highly concerned I will be charged with something or my time extended or my revocation extended. It was an honest mistake and I am just trying to play by the rules. I am trying to talk to florida but if you know the florida dmv you know they are almost impossible to get on the phone. Can anyone advise me how to proceed or what consequences I may be looking at?
Thank you.
Caleb


Drunk and Impaired Driving: Interlock Device Florida

Other Professional Malpractice: Inappropriate Touching of a Patient

My question involves malpractice in the state of: AZ

Hello, I was seeing this doctor for an acute medical condition which involved injections, which he administered personally. Before or after administering the injection he would grab/ touch me and act like nothing happened. When I brought it up with him , he denied that he touched me and needless to say I moved on to another doctor who does not touch me inappropriately. I complained about my previous doctor to the medical boards and the Board got back to me saying that they cant investigate my allegations and that the case was closed. This happened few months back.

As would luck would have it I did not get better and it sounds like I might have a malpractice case which I am discussing with an attorney.

The question is do I need to inform this attorney regarding my complaints to the Boards about this inappropriate touching. I don't want this to be included in anyway shape or form with the malpractice claim. However I feel if the attorney learns about it, he might not like it that I hid something from him.

Not sure how to proceed. thanks


Other Professional Malpractice: Inappropriate Touching of a Patient

lundi 25 février 2019

Parking and Access: Unregistered Cars Parked in Driveway in Boston

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

I currently have tenants that have 2 unregistered cars parked in the driveway of my deceased mothers home. These tenants have historically been late with paying the rent. The home is in my name and is currently in probate. What recourse to I have to make the tenants remove their vehicles? I will be evicting them hopefully within the next 6 months and I want to do it legally.


Parking and Access: Unregistered Cars Parked in Driveway in Boston

Contractors and Subcontractors: I Would Like to Get Out of Possible Construction/Roofing Contract Hours After Signing

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

I was offered a "free estimate" from a contracting company while I was shopping in a warehouse store. I accepted it because my roof needs work. The estimate was done today and when I told the rep I couldn't afford that price, he offered me financing. He said he needed to check my credit score and asked me to send a copy of my W2. In the meantime, he gave me what he called an "application" for financing to fill out, which I did. Then he had me sign and initial several things.

Well, one of my aunts is visiting me and while this was going on, she called someone, who called someone, who called someone, etc. etc., culminating in my mother calling me freaking out and saying that I shouldn't have signed anything at all because they could have slipped in something that will put me on the hook. So I looked up if there was a way to cancel this "application" or whatever is was and I came across a Virginia law called "Cancellation of sale" that states that I have the right to cancel a signed contract. I just wanted to see if this was accurate or if there was some loophole they could exploit.

If I'm stuck, what kind of penalty would I receive if I cancelled anyway?

Thanks in advance.


Contractors and Subcontractors: I Would Like to Get Out of Possible Construction/Roofing Contract Hours After Signing

Defamation: Falsely Accused of Theft by the Person Who Replaced Me in a Job

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

I’ve recently found out that the person who replaced me told everyone that I stole money. He said that he noticed missing money on his third day and lately the other employees came to complain that I forced them to pay me money. All of these accusations was made after I was no longer working there.

This person has accused several others of theft and it would always be after they quit or was terminated. I have not been able to find work because of this. There was a former coworker from 4-5 year before I was fired said that he heard that through others in the same line of work.

His statement is also causing me to receive benefits. Is it to late for any legal action. It’s been two years but I just recently learn of this.


Defamation: Falsely Accused of Theft by the Person Who Replaced Me in a Job

Repair and Maintenance: How Quickly Must One Repair Damage from Wind

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

Ohio.

We had strong windstorms yesterday. My electricity went out at 1:00 and the power wasn't restored until 10:45 a.m. this morning--the longest I've been without power since I've lived here over 38 years.

Meanwhile a mobile home (on 20+ acres) that I inherited from my late father, located about 15 miles from me, that I rent out, had a utility pole next to the mobile home that came down at about 9:30 p.m. last night. The tenant informed me this morning at 10:00 a.m. and that he & his family went to a hotel. (As a side note, he said they would have went to her parents house, about 30 miles away, but their electricity was also out).

I immediately called an electrician who had worked on the property before, and left several messages. Then I drove out to see the property. Came back home and left another message, then called another electrician (kind of pricey), talked to AEP-Ohio, and called a third electrician they had suggested (left another message).

The tenant is now talking about "deducting the cost of the hotel bills" from the next rental payment.

Am I responsible?

(Incidentally, the news reports say that thousands are still without electricity).


Repair and Maintenance: How Quickly Must One Repair Damage from Wind

Use and Enforcement: Whose Insurance is Responsible for Injuries That Occur on an Easement

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

Our subdivion plat shows a dedicated trail easement encircling our neighborhood. After the subdivion was created and the plat was approved, the developer also deeded to the HOA a right-of-way easement that connects the two ends of the larger trail easement. Use of the easement is restricted to walking, horse-back riding and bicycle riding by members of the Association and their guests (if accompanied by a member).

The HOA does not own any of the land, and has placed restrictions on the use of the easements, such as disallowing motorized vehicles except for mowing and emergency services.

Each property owner is taxed on the value of his/her entire parcel, including the portion that is a dedicated or deeded easement.

The homeowner is responsible for making sure the trail is reasonably free of obstruction, such as removal of overhanging branches, downed limbs, or any other materials that might cause a horse, biker or walker to trip or fall.

The HOA is responsible for mowing the easement. The HOA board members walk the easement prior to each mowing to make sure the mower can access the trail without difficulty, and the homeonwers are informed of any access issues present on their properties.

Hypothetical: A 10 year old child is riding his bike on the easement, loses his balance, falls, and slices open his arm, requiring stitches.

Who is potentially liable for the damage? The HOA? The homeowner? Both parties?


Use and Enforcement: Whose Insurance is Responsible for Injuries That Occur on an Easement

Business Issues: Starting a Corporation Without Permission from Those Listed As Directors

My question involves business law in the state of: Alabama
I have been a member of a hunting club for 20 years now. This said club I am the vice president of and recently we voted to be a stalk only club. The other members that wanted to be a dog club were angry. So the president of the club starts a non-profit corporation in clubs name to "keep anyone from getting lease." Thing is, this "corporation" that him and his wife started has them as president and secretary, listing me and another member as directors. I didn't give permission nor did the other member to do this, all of a sudden there it was. Now any vote is his and her way because a tie vote the president gets to decide according to paper work I looked up on our business online. So I would like to know how can someone just put you in a corp, without your knowledge or permission???? Is this even legal??? But most of all, What do I do to get our club back to being a club, or I should say, how do you get rid of this fake business?? Any help would be very appreciated.


Business Issues: Starting a Corporation Without Permission from Those Listed As Directors

Homeowners Associations: Bandar Judi Bola Terbesar - Bolafox Sport Betting Online Indonesia

Bolafox sport betting online adalah Bandar Judi Bola Online Terbesar di indonesia. Menjadi sarana jasa pembuatan akun/id pada bursa taruhan bola online. Tentu dengan hadirnya Bolafox situsDaftar judi Bola Indonesia akan membantu setiap calon member. Proses pendaftaran secara gratis mudah, cepat dan juga aman dimana akan selalu ada staf profesional yang melayani para bettor.

Kami situs judi bola resmi memiliki sistem layanan terjamin dan telah diakui oleh member yang telah bergabung bersama Bolafox. Dengan begitu setiap calon member baru tidak perlu ragu untuk pelayanan situs judi bola terbesar di asia. Karena dapat dipastikan para bettor akan bermain dengan lancar dan aman.


Homeowners Associations: Bandar Judi Bola Terbesar - Bolafox Sport Betting Online Indonesia

Custody and Visitation Issues: Trying to Get Custody from a Grandparent

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

When I was young, before I was 18, I fathered a child and the mother moved out of New Jersey and into Pennsylvania. My son was born in 2011 and I was not made aware of the birth of my son until 2015 when the grandmother was seeking child support from me. Since 2015, I have been in my son's life on a consistent basis and I have observed that his mother is not in his life consistently. From my knowledge, she lives in Trenton, NJ with her boyfriend and another child she had about two years ago.Also from my knowledge, she does not attempt to see our son on her designated weekends to see him.

When I first met my son, he was having behavioral issues both at home and in school, there has even been a referral for Family Services to visit his home and he was in danger of imminent placement into foster care. Since then, I have been steadily working with him to improve his behavior but I feel that I can only do so much when his grandmother is not reinforcing the appropriate behaviors at home. I have also observed that my son does not seem to have a room in the apartment where he lives with his grandmother, it would seem that he sleeps on the floor from the few times I have been inside.

I have requested custody of my son many times and been told yes by the grandmother. She has told me many times that it would happen after school was over for the year. However, each time, she changes her mind each time because her daughter, my son's mother, gets upset and does not wish for me to have custody. We even had a hearing before a court mediator in Union county, NJ in December 2018. The mediator noted that she said she would give me custody until my son's mother was contacted, called the grandmother a few choice words, called me a few choice words and then hung up.

At this point, I am now more stable and feel that I can provide a better home for my son and hopefully I can steer him on the right path. I filed for custody of my son but I am nervous because the grandmother has had custody for so long and because it may look bad on my part that I was not in my son's life for the first years but I literally had no way on knowing about his birth until I received papers for a paternity test years later.

What do you all think is my best course of action and do you believe I have a chance of getting custody?


Custody and Visitation Issues: Trying to Get Custody from a Grandparent

Possible to Stop Guy from Sending Advertisements to My House

My question involves civil rights in the State of: CA

There's a local real estate agent that advertises his services to my neighborhood. He often splurges out on larger cardboard ads that get tossed on my front lawn and it gets really annoying to clean up. I've called him personally and politely asked him to remove me from his distribution list, and he said no problem, text me your info and I'll forward to my marketing team. He never did, and this annoyance continues since then. I do get tons of other ads, but his are particularly annoying as it's larger in size and tossed in front of my front door. I asked him again to stop via text, but he never responded. Anything I can do to put an end to this nuisance?


Possible to Stop Guy from Sending Advertisements to My House

Layoffs and Reductions in Force Laid Off from a Us Company but Living Abroad and Collecting Unemployment

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

I have been working for a Colorado company but living abroad which the company authorized. I was recently laid off, am I eligible to file for and collect unemployment benefits while still living abroad? I did pay into my unemployment benefits during my 2 year tenure with the company so technically I would think I am eligible. I can apply for remote jobs and still meet the UI guidelines while continuing to live outside the US. Can someone advise?


Layoffs and Reductions in Force Laid Off from a Us Company but Living Abroad and Collecting Unemployment

Tires Damaged on Private Property - Can I Sue in Smc

My question involves court procedures for the state of: CT


Hi everyone.

I pulled into a car wash (self) the other day, and wound up with a nail in my tire. I had not yet pulled into the wash bay. It's a runflat, and all tires have 9k miles on them. Drove to the tire place, and a repair was unsucessful.

I had to get two new tires, as getting one is not an option due to difference in tread. Bill was $750

Can I sue the owner of the car wash? I can prove I was there (I had already run my CC, and have the receipt), and I have a pic of the nail (tho it was after I pulled it out). I have a pic of the tire. And of course, the receipt from the repair shop - which is registered with the state. I can match the time I brought the car in to the shop to minutes after my CC was swiped at the wash.

BUT - the argument from the other side is going to be "how do you know you didnt pick up the nail before you pulled onto the property"? Which is a valid argument, and the answer I have to that, is that it took about a minute before my console started warning me of low tire pressure, which was while I was sitting there waiting for the car in front or me to finish. If I picked up the nail on the road, it would not have taken that long to get the warning. Not sure how much water that holds. Can that argument negate me having a case?

Any experience here? Thoughts?

Thank you!


Tires Damaged on Private Property - Can I Sue in Smc

Petition for Change of Custody by Grandparents

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


Petition for Change of Custody by Grandparents

dimanche 24 février 2019

Service of Process: Hague Convention and Usage of a Phony to E Mail to Sign on to the E Portal

My question involves court procedures for the state of: Florida
This is an interesting series of events:
1. Defendant is a resident of Israel, using the internet to Defame plaintiff and contacting individuals associated with the Plaintiff in Florida for the sake of hurting his reputation.
2. Plaintiff (pro se) filled a defamation suit against Defendant, and sent Claim and summons to Defendant via regular mail.
3. Defendant filled a motion to DISMISS shortly after (giving his home address) (but never asked that it be scheduled for hearing), claiming lack of service by Hague convention and diving in to the merits of the case and essentially submitted a defense under a the title to dismiss.
4. Defendant registered himself to the eportal using a fake email (but operational one) from Iran masking his IP address via a VPN, calling himself Escaped Convict.
5. Plaintiff filled motions for discovery, motion to compel, motion to strike pleadings, (hence motion to dismiss was stricken) motion for default judgment and finally obtained a final judgment.
6. Plaintiff sent notices of the hearings via registered mail and to the email Defendant provided.
7. days after final judgment was entered Defendant filed motion to vacate final judgment and a "renewed motion to dismiss", claiming lack of service by hague and excusable negligence.
in support of these motions Defendant filled an aff. saying he thought that once he filled the motion to dismiss everything is ok and no further actions would be taken in the case. He said he was
not aware of the proceedings, (omitting the fact the he registered using the phony e mail) and claiming he does not live at the address he provided on his first and only motion, and claimed his parents
live there. (The same address he provided)
The Defendant is an admitted pedophile but was very charged because he expressed remorse, and his actions were taken in retribution against the Plaintiff how exposed him as such.
Any suggestions on how to attack this matter from Plaintiffs stand point?


Service of Process: Hague Convention and Usage of a Phony to E Mail to Sign on to the E Portal

Driver's License Reinstatement Reinstatement After Revocation

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

In 2018 my license was revoked for an accident due to lapse of insurance that was caused by a family member as they were driving my car. My revocation will be ending next week and would like to know if I will be able reinstate my license online after paying the penalty.

I don't have any DUI's or any other fractions on my license. This is the first time my license has been revoked.

Thanks

Ed


Driver's License Reinstatement Reinstatement After Revocation

Online Services: Is Internet Background Check Reliable

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

Is internet background check reliable ?
========================================

Thanks for your replies to my thread.

I did find many background check provider in google search with First/last name, phone number based searches.

It shows many info like address, felony records, criminal records etc.

Are these offer reliable ?

I know cops can locate people for criminal offenses, but they are not able help on civil issues.

I did see court shows on TV, where folks find illusive person and bring to court.

How are they doing it?


Thanks for sharing.


Online Services: Is Internet Background Check Reliable

Establishing Paternity: Petition for Delayed Birth Certificate Grandmother and Great-Grandfather (Deceased)

My question involves paternity law for the State of: Texas

Humblest of apologies if I've posted in the incorrect thread.

I'm looking to establish my lineage for dual citizenship purposes. Both my grandmother and her father were born in Houston. Thus far I've dealt with the city of Houston as well as the state via Austin in regards to the department of health services. In both cases there were no records and I can't say I got much further as I'm not sure how to proceed. The surname for both persons in question is Italian and was misspelled. It should be Ciulla when it says Cuilla on the death certificates of my grandmother, her father and her grandfather. The first name of the great-grandfather's father was americanized from Antonino to Tony. I have documentation for all of the above and currently gathering more but would like to know how I should proceed. Thank you in advance.


Establishing Paternity: Petition for Delayed Birth Certificate Grandmother and Great-Grandfather (Deceased)

Claiming to Have Commited a Fabricated Crime Online

My question involves criminal law for the state of: Wisconsin, but anywhere in general.

When reading most online forums, you tend to come across trolling comments of various extremes. This isn't a question regarding anything I have done, but rather that I have observed. If someone posts online a claim to have committed some serious crime, is there any repercussions to it? For purposes of this question, I am only referring to completely fabricated crimes, and not claiming credit for a true crime.

For example, if someone posts on a message board that they committed 10 murders, and somehow they are reported and able to be identified and questioned, would anything happen to them when they state they were just trying to get an angry reaction out of readers?


Claiming to Have Commited a Fabricated Crime Online

Assault and Battery of Person 65 or Older

My question involves criminal law for the state of: Florida


We were in Florida for a working vacation. We make signs etc and were attending a craft fair. I had a disagreement with some vendors and as a joke, I attached a small thin rusty chain to a gate as we left and that made a couple vendors mad. As my husband and I were leaving the venue one vendor whistled and yelled hey at us. We proceeded to leave in our pickup truck and cargo trailer. An elderly man (both men were volunteers but not security or police) stood on the road and put his hands up in an attempt to get our attention and stop us. My husband drove off the road and onto the grass to avoid him. He struck our truck window with his hands. This man claims my husband intentionally tried to run him over, accelerated, gave him the finger and he fell down. A second man with braces on his legs claims our truck hit his leg brace and it may have to be replaced. My husband saw this man slap at our trailer as we passed him. This man with the leg braces then got into his truck, left the venue property and onto the road came driving at us crossing into our lane of traffic. Again, my husband drove off the roadway onto the grassy side to avoid contact. My husband, who has never had anything more than a speeding ticket (and that has been years ago) was arrested. We are completely devastated and have hired a lawyer but would appreciate any and all advice. Thank you.


Assault and Battery of Person 65 or Older

samedi 23 février 2019

Buy Here Pay Here

My question involves a consumer law issue in the State of: Florida. One week ago I put a down payment down on a used 2007 car. I brought from a BHPH dealer. The people told me the car was in great shape and nothing was wrong with it. We signed the contract and left. 2 days later the transmission gave me a problem but no warning lights or check engine lights ever came on. We took it to a mechanic who plugged it to a machine only to discover a lot of code. Turns out there was a code for the transmission, cylinder code, air bags and tires. Which no engine light showed up because the check engine lights were disabled or not working. My question is. Is it legal for a buy here pay here dealership to sale a car with disabled warning lights? Shouldn’t every car sold be inspected for safety before being sold? I have not yet paid the car off the dealership still has the tittle and my plates and registration are only good for a month.


Buy Here Pay Here

Getting Fired: Can I Be Denied Promotion/Fired if Current Employer Finds Out About Convictions

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

Ive been working at my current job for about a decade and am up for a promotion. The problem is that I was convicted of two misdemeanor DUIs over the last 5 years (most recent conviction was about 7 months ago, although the arrest was over a year ago). My employer has no knowledge of either conviction and neither my current position or my potential future position would require me to drive for work or have a valid drivers license (even though I do have one).

I just found out that my employer will do a MVR (motor vehicle report) to check into my driving background despite the fact that driving isnt an essential part of the job (the paperwork seemed pretty generic in that it said something to the effect of "You are subject to a MVR report and should your position require you to drive, you may be denied employment if you do not meet company standards)."

My question is, would they have grounds to terminate me and/or deny the promotion? Because DUIs are a criminal issue and not just a traffic issue does that give my employer more leeway should they decide to let me go? Would I have any legal recourse if they were to terminate me/deny me the promotion based soley on the findings in the MVR?

Also a bonus question: The company is a pretty big one, and there might be a possibility that HR clears me and doesnt even say anything to my supervisors about it - but thats obviously a roll of the dice. Do you recommend that I tell my supervisors about my past issues BEFORE they get the MVR delivered to them?

Any advice would be helpful


Getting Fired: Can I Be Denied Promotion/Fired if Current Employer Finds Out About Convictions

Recording Title Will Changing Deed from Tenants in Common to Joint Tenancy Trigger a Tax Reassessment

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


A California home is owned by siblings as equal share 'Tenants in Common'.

The siblings wish to change the Deed to 'Joint tenancy with the right of survival-ship' to avoid probate in the event of the death of one of them.

No new owners are being added and it is only the type of ownership being changed.

Will this trigger a tax reassessment or have any other tax implications?


Recording Title Will Changing Deed from Tenants in Common to Joint Tenancy Trigger a Tax Reassessment

Hiring: Is Signing 2-Page Job Offer Legally Binding (Non-Compete)

My question involves labor and employment law for the state of: NJ
I recently received a job offer in NJ. The company has some trade secret technology. It includes a statement similar to the one below:

Your employment with the Company is for an indefinite term and nothing in this letter modifies
your at-will employment relationship with the Company. Further, your employment will also be
subject to the Company’s “Personnel Policies and Procedures,” your entry into a
Confidentiality, Invention Assignment and Non-Competition Agreement in the form separately
provided to you, and Company’s general satisfaction with your work performance. You may
terminate your employment with the company for any reason with a written notice.
Additionally, Company may terminate your employment, for any reason, upon written notice.

I have not seen the Personnel Policies and Procedures, Confidentiality, Invention Assignment, and Non-Compete.

1. is signing the 2-page offer legally binding? For example, if I decide to take another job offer, is the Non-Compete of the 1st job activated?


2. The Company wants me to sign this document ASAP. Should I not sign the offer until I review the Non-Compete?


3. If I review the terms of the Non-Compete, and it doesn't seem reasonable, is it negotiable?


4. If the Non-Compete says I can get compensation for work time loss, will this clause stay in place if I am fired, or the Company gets purchased?


5. What constitutes "working in the same industry"? For example, if the 1st Company is in medical devices (heart treatment), is employment in a 2nd new medical device company (for lung treatment) a breach of the Non-Compete because it is also a medical device company?


Hiring: Is Signing 2-Page Job Offer Legally Binding (Non-Compete)

Other Injuries: Are You Suffering from Pain

Seattle Chiropractic Spine & Injury Center, our number one priority is your health. If you have suffered from a car accident injury, work injury, sports injury, or have neck or back pain, Seattle Chiropractic Spine & Injury Center will assess your injuries thoroughly using the newest exam equipment, provide a full spine analysis, and offer low force chiropractic care, stretching and home exercises.


Other Injuries: Are You Suffering from Pain

Craigslist Counterfeit Item Sale

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

Hello All,

Long story but I'll do my best to make it short. About two weeks ago I was placing and replying to craigslist ads for wholesale items that I resell on ebay and amazon. I contacted a seller who we'll name Scammer 1, he replied and answered some questions to sell me some vitamins that are extremely hot right now and moving quickly after negotiating we decided on a price equating to $1250 total. We decided on a meeting place where scammer 1 was going to have his business partner scammer 2 bring the product. Scammer 1 was very professional nice and well dressed, scammer 2 walked up in tattered clothes and was generally unprofessional. He had forgotten some of the product and left me with only $1150 worth of product. While scammer 2 was bringing some of the product i was immediately suspicious that the product was counterfeit but I was convinced with very very close packaging and an invoice from the company.

Fast forward a week and I had determined through the company and my products being removed from ebay that the items are counterfeit. I contact my main point of contact scammer 1, who tries to contact scammer 2 about the product. Scammer 2 does not reply, but scammer 1 continues to converse with me and declares constantly that he had no idea and had been selling this product, as well as some of his family had been taking the product.

During the transaction, scammer 1 signed an invoice stating what was paid and accepted my cash. I then find out that scammer 1 was only paid $200 of the $1150 and scammer 2 took the remaining as he was the one who ordered the product. Scammer 2 has not replied and I have filed a police report. At this point, do I have any case in small claims to getting my money from scammer 1? Scammer 2's name was on the original invoice to the company but I highly doubt that it is his real name, and I'm unsure of how to track him down.


Craigslist Counterfeit Item Sale

vendredi 22 février 2019

Business Ownership: Transfer of a Fictitious Name and Debts

My question involves business law in the state of: PA

My father had a registered fictitious name and passed 5 years ago. I would like to transfer ownership of that name to me so I can use it for my consulting business.

I do not know if he had any debts related to this business entity. Upon his death he had no will and no property so was insolvent.

Is there a risk of debts being transfered to me by filing the required paperwork to transfer ownership of the entity? If so, how could I resesrch and ensure there are no outstanding debts?

Thank you


Business Ownership: Transfer of a Fictitious Name and Debts

Parking Tickets: Can I Fight This Parking Ticket in Chicago

My question involves a traffic ticket from the state of: Chicago, Illinois

I recently got a parking ticket and wish to contest it. There was no "No Parking" sign anywhere near where I was parked; in fact, there's a stump where a sign used to be.

I believe this ticket is unfair and would like to fight it. However, I do not own the vehicle that was cited (I borrowed it from my girlfriend). When I went online to request a contest, it required that you declare that you're the registered owner of the vehicle before you can submit your request.

Can I fight this ticket? I'm not the registered owner so I don't know what my options are.


Parking Tickets: Can I Fight This Parking Ticket in Chicago

Drug Possession: How to Request Postponement and What to Do Beyond

My question involves criminal law for the state of: New Jersey

I was in an Atlantic City casino and accidentally left my bag somewhere. Security took it and searched through it and found about 1 gram of marijuana and the bowl I used which counts as paraphernalia. Unfortunately the charges don't appear to differentiate between 1 gram and 40. When I went to claim my bag I was arrested and banned from the property for life. My main priority is to be allowed back into the casino (I'm a poker pro and it was a good portion of my income) and I was told by the head of security that if I can get the charges dropped or reduced to something non drug related they will let me back in.

My arresting officer told me that the DA isn't prosecuting minor marijuana possession charges right now since New Jersey is in the process of legalizing it, and that I should keep asking for postponements until the bill is passed, after which the charges would likely be dropped. My hearing is next week and apparently the procedure is that I speak to the prosecutor about what I want to do first and I'm supposed to ask them directly for the postponement. I just wanted a little clarification about what I should say to them exactly so I don't somehow screw it up.

Should I tell them the same story I've just told you and say that I want to postpone it until the legalization vote takes place as the officer suggested? Or would I be better off saying something like I'm talking to a few different attorneys and haven't been able to decide yet and need more time?

If the latter, what do I do the second time I have to ask for a postponement? Surely they don't allow you to take forever to find a lawyer and would tell me I have to settle it at some point, right?

If it does have to go to trial do you think I would be ok with a public defender? I was hoping not to have to pay a lawyer for such a minor charge, but at the same time it's very important to me to get this dropped or reduced so I can get back to work. I am a first time offender by the way.

Thank you so much for any advice you can offer on my situation.


Drug Possession: How to Request Postponement and What to Do Beyond

Motion Standards

My question involves criminal law for the state of: Oregon

My case is a federal case in the state of Oregon.

I have a motion to represent myself and release myself on personal recognizance.

In my motion I have written 'I, defendant [], remove my attorney [] from representing me, and now represent myself. I am also releasing myself on personal recognizance to fight and defend my case.'

I have additional information for the motion but I figure it is standard to put extra info in a memorandum separate from the motion. I have looked for this specific information when and where to include a memorandum and the difference between the 2, but I cant find any concrete info on it so I am asking here.

I am locked up so it is extremely hard for me to find or learn anything, which is why I am filing my motion and need to be released.


Motion Standards

Speeding Tickets: Red Light Camera Capturing a Speed-Request for Discovery

Sherwood, Oregon; Not only does it capture Red light Violations, but also speed, since when?

What is the best way to fight one of these said infractions? Can a request for discovery still be obtained for these Red Light Camera speeding citations?

Thank you


Speeding Tickets: Red Light Camera Capturing a Speed-Request for Discovery

Evidence: Sueing for Breach of Contract

My question involves court procedures for the state of: UT (However I believe it's also PA, because the business is located in PA. The contract was signed by me in UT.)

I've got a small claims suit in about two weeks. I'm suing my publisher for breach of contract. They're a self-publisher; I paid them about $3k to print books and get a package that included a website. It's been two years, this company basically can't find their ass with both hands, a flashlight, and a special ass map.

The absolute bare bones is that their contract says they'll issue statements every 90 days, and they don't. I got one statement from them after requesting it and it was wrong and had to be corrected. I also have not received my website. I am not receiving royalty checks, but I don't know what sales I've made that would indicate I need to be paid? The rest of the contract s pretty vague. I got a free consultation with a lawyer who said the contract was "Very basic", and there's plenty of room for interpretation. A lot of arguments could be made saying "It doesn't say that" but also "It doesn't NOT say that, either."

For example: it says nothing about how the website hashes out. Just "We'll make you a website." They told me "Well, you need to pay for a Wordpress expansion for $X for the year." I said "My contract says nothing about me shelling out any extra money for the website. The website was part of the package I purchased. I'm not paying you any extra money." They equivocated, then tried to say my domain name would belong to them for a year after I signed it over to them and then I "was on my own." When I asked further questions I got no answer, the work on the website stalled, and it was right around the time I was fed up and filing anyway.

Expanded stuff is they don't pick up the phones, they don't communicate, and they offer stuff they should have been doing in the first place as a favor to you; i.e."Why don't we get your royalty check sent out to you?" Two weeks later, no royalty check, etc. It took 4 months to receive a print order that was supposed to take 4-6 weeks and that damaged my ability to market myself at a comic convention. A lot of the contract is extremely vague and basically says "It's not our fault if your book is shitty so we're not responsible for it being shitty" but the book itself was laid out by me and the product isn't bad. It's just absolutely everything surrounding it. I can't get customer service to save my life, I can't print the damn thing, and I'm on my own marketing wise despite them saying they'd help and a "book launch" being part of my book package.

I have a timeline with emails and texts showing a lot of verbal promises; "We can offer you a $700 marketing package instead of a refund", marketing package never materialized. "Your check is in the mail", check never came. I had a particular person assigned to me after a while who dodged my calls and emails for updates and who eventually left the company. (When I sent him a copy of the summons I got an email in all caps telling me he's no longer affiliated with the company and to refer information to the CEO, who was the other name on the summons.)

I'm learning as I go; I just found out BBB reviews are hearsay, so that's kind of a bummer because it shows other people having the same problems I do - fake promises, orders taking forever to fulfill, bad communication.

I want to cancel my contract with the company and get my money back, basically. They wasted 2 years of my life.

But any assistance or due diligence I can do before then would be appreciated. I can post a redacted version of the contract if it would help.


Evidence: Sueing for Breach of Contract

Rear End Accident Intentionally Caused by Driver in Front

Hello, I am trying to find information for my brother who was recently involved in a rear end accident here in Washington State. This accident occured on the freeway traveling at 60 mph (in the far left passing/fast lane). The person driving the vehicle in front of my brother came to a sudden and unnecessary stop just as my brother was preparing to change lanes in order to go around that car. Needless to say my brothers vehicle clipped the rear bumper of the car in front of him. The police arrived on scene and questioned both drivers. The officer told my brother that the driver in front of him stated he stopped his vehicle on the freeway to "teach him (my brother) a lesson". So, of course, my question is could that statement possibly shift the fault and liability to that person who admittedly intended to cause the accident? That driver did receive a reckless driving citation and my brother was cited for following too close. Thank you in advance for your time and advice. It is very much appreciated.

Thank you.
Leslie


Rear End Accident Intentionally Caused by Driver in Front

jeudi 21 février 2019

Can Garnished Child Support Expire

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

My son's father has had a garnishment order in place for 4 years. Since then i have regularly recieved payments. My son and I live in Indiana andhis father lives in Kentucky. His employer is also in Kentucky.
I have not received child support in 3 weeks (paid weekly). He is still seeing the deductions on his weekly checks.He has not switched jobs. The ISCCU states they has not recieved a payment from his employer since January.
He spoke with his employeer todayand they said therewas a clerical error that he had to correct with paperwork. He will not elaborate andi cannot trust him to be honest with me. My question is could the garnishment have expired? If not why would he need to fill out paper work? Shouldnt that be handled through the state? I'm super confused but I'm afriad heis trying to not pay support again. Any help you can give would be appreciated.


Can Garnished Child Support Expire

Tenants in Common

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

Two people are gifted a property as tenants in common. No other direction or instruction within the text as to who pays what.
In such a situation does the document default to existing california tenancy law re who pays what? I read on the internet that each party is responsible for taxes, insurance and major expenses up the the precentage interest they each have in the property. However, I cannot find the law or statute that clearly spells out financial responsibility tenants in common for California only references to it. Can anyone help?


Thanks!


Tenants in Common

Termination: Can I Petition to Remove a Dismissed Dvtro from My Record

My question involves restraining orders in the State of: California

Synopsis, followed by a question:

Almost eight years ago, I was separated from my wife of a long marriage. After a year of trying to work things out, I thought the best thing would be to move back and prove to her our marriage could work. She protested, wanting me to stay living across town, but still to be able to use my credit card, manage the checkbooks and live in the house by herself. I told her the house is mine as well but not to worry — I will sleep in another bedroom but really want to make the marriage work.

Two days later, without warning, I was served with a DVTRO (domestic violence temporary restraining order). I was shocked/speechless — there was no need for this! Her written explanation was odd, delusional and full of all kinds of rambling religious references. There was no mention of violence at all — simply claims that I am being “abusive” (the catch-all term if there ever was one), and she was terribly afraid of me. It was obvious she had become mentally and emotionally unstable. My attorney reviewed the paperwork and said not to worry. When the judge reviewed the DVTRO, it was summarily dismissed. There was no restraining order in place. Sadly, we divorced a year-and-a-half later and I thought that was the end of it.

Forward to today: I just researched my name in the online court index of the Superior Court of California, County of San Diego. The category FL40 dissolution was there, naming me as the plaintiff — okay, fine — but the dismissed FL90 DVTRO was there as well, naming me as the defendant. My obvious concern is that person/agency researching me could find me circumspect because they don’t know the full backstory, and suspect I am some kind of abusive creep?

The obvious question: is there any way to remove this DVTRO record?

PS: if you read this far, sorry if I was verbose — I tried to keep it short. Thank you very much. : )



Termination: Can I Petition to Remove a Dismissed Dvtro from My Record

Guardianship: Guardianship Objections

My question involves a person located in the state of:Ohio.

I have a hearing for guardianship of my 18 year old autistic son. His biological father was not notified of the hearing because he lives out of state, but he will be notified once the hearing is over and I am granted guardianship. The court told me that his father could file an objection to the decision. I feel like I shouldn't be overly concerned even if he does because he's had no contact with him for 4 years and there is also a domestic violence protection order in place protecting us. Given these circumstances, I can't imagine that any objection would be a threat. Am I being realistic in thinking this? His dad generally likes to cause problems whenever possible and files objections to everything that he can file objections to. From what I have read through the required training hours for guardianship, it looks like objections have to be pretty detailed and show a reason why I would be unfit or that there was fraud involved in making the determination. I'm just making sure I am correct.


Guardianship: Guardianship Objections

Unusual Stop Sign Ticket

My question involves a traffic ticket from the state of: Pennsylvania. The Officer charged me with "Failing to stay stopped at a clearly posted stop sign" u mm mm is this a failing to yield citation? Or what? There was no accident. I was not even close to being in one. Although in my rearview mirror I saw the officer nearly collide w another vehicle.
It was at a T intersection w 2 stop signs at the top of the T. Vehicles coming up the hill ( bottom of T) had no stop sign.
I was at the left side stop sign , officer was at the right side stop sign. Both of us were stopped. He was making a left I was going straight. We both moved ahead at the same time and both of us stopped when we noticed. I felt like I was in the intersection further so I then proceeded thru ( I'm sure by then a car was coming up the hill but wasnt going to hit me due to me being past the stop sign by then) its in a lil side street so you are barely traveling at 15mph.
I guess the cop decided to do a u-turn after me for idk cutting him off. Idk.. But he uturned infront of the car coming up the hill.
Almost colliding . Then he flipped on his lights and pulled me over. Yelling at me for 15 minutes about cutting him and another car off. Then gave me a ticket for "failing to stay stopped at a stop sign " and argued and yelled at me more.
I have him recorded the second time. He makes no sense about what happened.


Unusual Stop Sign Ticket

Repair and Maintenance: Tenant Claims Bedbugs After 6 Mos of Occupancy, Who's Responsible

My question involves landlord-tenant law in the State of: Maryland, Baltimore County

So I was heading yesterday to my rental property to replace a bad fridge. The tenant messaged me that morning indicating that for a while now she's been getting bite marks on her and last night she felt something crawling on her and caught it. She said she googled it and she thinks its a bedbug. She then said she called terminix and it's going to be a free estimate.

She has been there since September and this is the first I've heard of this.

Also, she said it was a bed bug. I'm not sure how she knows this, it could be anything. I'm assuming it's likely a bedbug. I was told though that bed bugs are too small to handle or notice. That it's likely a flea.

I lived there for several months before she moved in and I was never bitten by anything. The home was unfurnished during that time. The carpet was changed as well.

Upon delivering the fridge, her husband mentioned it again while I was getting finished. I asked him when did this all start and he said a few weeks ago. I told him that bed bugs can come from anywhere (i.e. city buses, hotels etc).

My question is who's responsible for this in this case. I told her to let me know what the terminix guy says. She said he's coming in on thursday.


Repair and Maintenance: Tenant Claims Bedbugs After 6 Mos of Occupancy, Who's Responsible

Probation and Parole: Am I Able to Change Addresses for Parole if Environment is Not Suitable

My question involves criminal law for the state of: TX

I was released from prison a little over a month ago after serving time for drug possession. To put things into perspective I do not have a drug problem nor am I addicted to drugs at all they were in my vehicle after being searched for warrants I had years ago. I had seen parole in county jail in Dallas because I had served most of my sentence prior to going to prison and provided my sister's address in Austin to start fresh and move away from the people that use drugs to complete parole no problem. Unfortunately my sister got evicted from her apartment before I was released from prison but because the address was confirmed my parole was set in Austin. The day I initially reported I asked my parole officer in Austin to transfer to Dallas to a friends where it was accepted. That friend was someone who picked up my belongings from county and also picked up my vehicle after I got arrested so I had to go back to Dallas to retrieve my property even if I originally paroled out to Austin. I made the mistake of using the address in Dallas because I felt that it would be okay to stay there instead of a halfway house. Since I've been out I found work and have been doing fine with parole but where I live is not suitable at all. The friend I live with lost her job right before I was released and has no means of income so most of the money I made went towards the bills and me working alone isnt enough to pay for everything. To make matters worse there are drugs in the house as well like marijuana and prescription pills. I don't use any drugs but just having them around is a big hindrance. Not too long ago my sister found a new place and a better job and had considered moving in with her because that will be a better place to complete parole. I want to talk to my PO about transferring back but I remember my first PO telling me I can only change every six months. If where I stay is not a suitable would it be possible to change my address or what I would have to do to make those changes? This will be my second time requesting a change in less than two months but I want to be able to finish parole the best way possible without any violations and I feel as though moving somewhere else would be a good start.


Probation and Parole: Am I Able to Change Addresses for Parole if Environment is Not Suitable

Traffic Accidents: No Retainer

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

I have been involved with a PI lawyer that finally got my settlement. I had to hired another lawyer after I realized my previous lawyer over charged me from the Settlement and hasn't paid to this date my largest liens.

My new lawyer demanded to see all docs and when presented the original retainer, it was obvious it was a zero copy and half of the doc had been placed crooked on the copy when he zeroed it.

He to this day refuses to present the original retainer.

My new lawyer agrees with me that he probably didn't have me sign a retainer and didn't realize that until we asked for it.

With that said, my new lawyer said if that's the fact, by law my old lawyer isn't entitled to take any money from the settlement except for his direct cost.

Is this accurate and if so, is there a statute or precedent that backs this up?

Thank you,

H.


Traffic Accidents: No Retainer

How is Inactivity Defined for an Annual Report

My question involves business law in the state of: Delaware

We need to file our annual report in the state of Delaware. We are unsure how to answer the question about inactivity. It is just me and a cofounder, neither of us are employed full-time at the corp. There is no revenue.


How is Inactivity Defined for an Annual Report

mercredi 20 février 2019

Modification of Custody: Father Losing Child Twice

My question involves a child visitation modification from the State of: New York
My ex has lost our 10 year old son twice now on two separate occasions. My son is not one to drift off. First he was told to use the restroom alone in a crowded area, he came back out and he couldn't find his dad or his gf and kids. Apparently, they moved tables or my son got confused because it was a large crowded area.

Second he was at a ski resort and he went down a hill that he thought his dad told him to go down. My son freaked out, lost in a busy ski resort. Luckily, he is smart and went to a cabin to tell a worker. Ski patrol was sent out for a total of 7 people to try and reunite them.

Now, his dad wants to take him out of state on vacation and I am scared to death he is going to get lost again. If I took this to my lawyer is there anything I could change? Is it worth trying to modify? Perhaps shortening overnight stays? I don't know that the court would go for supervised vistation. But this is the second time.

He doesn't have any disabilities and I have never had any trouble keeping an eye on him. He's a very good kid and used to going away on trips for school and day camp.


Modification of Custody: Father Losing Child Twice

IRA - First Time Required Minimum Distribution at Age 70.5

Hello!
I will turn 70 1/2 before June 30th this year and am required to make my first minimum distribution from my IRA. I see where I can defer this distribution the FIRST year to April 1,2020. My question is: May I take a partial RMD for 2019 and the rest of 2019's RMD in 2020 along with the RMD for 2020? I know that would have to be reported as income in 2020. Thanks.


IRA - First Time Required Minimum Distribution at Age 70.5

Eviction Process: Can I Still Sue for Rent/Damages; Eviction Process is Near Over

My question involves landlord-tenant law in the State of: Colorado
I was not able to establish whether a tenant had left, so I continued in court. The sheriff's office was able to personally serve a tenant, so the property was still occupied. My question is, "Can the tenant still be served so that I can get a money judgement for past rent and expenses?" Thank you.


Eviction Process: Can I Still Sue for Rent/Damages; Eviction Process is Near Over

Modification of Custody: Making Changes to a Custody Order, One by One or All Together

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

When my ex and I went through court-ordered mediation we agreed on a custody order and certain arrangements. We left a lot of things open and agreed we would just work with each other. We were not on bad terms. All that changed when his new gf got involved and it took a turn for the really bad. He now hasnt seen or spoken to his daughter since July. I requested multiple times from him to either meet or for him to send me notarized paper that I can get passports for my daughter as we would like to travel this summer to visit my family in europe. He did not reply to my two emails about this. So I know i have to take him to court for that. I found out yesterday that I cannot just request the passport but we have to make a change to the custody order that I can get her passport and travel. Not so much of a problem but here is my question.

When I go to court today to get a hearing for the change in the custody agreement that I can get her passports and travel with her, should I also add all the other things I want to change in the agreement as well? If time wasn't such a problem I would do it. But I was hooping to be able to get the passports some time in april and have them expedited so everything is set to travel in July.

Or should I for now just make the passport/ travel change and go back to court after the vacation to make all the other changes.

I really want to visit my family this year, I have not seen them in almost 7 years and my daughter never actually seen them and now that she is in school we can only travel for more than one week during summer break.

Any advice is greatly appreciated.
Thank you.
I


Modification of Custody: Making Changes to a Custody Order, One by One or All Together

mardi 19 février 2019

Collection Lawsuits: Appealing Judgement for Medical Debts Not Owed

My question involves collection proceedings in the State of: Michigan

I'm trying to help my girlfriend figure out what to do next. She was sued by a law firm for medical debts in the amount of $700.00 dollars that should not be owed.

Small back story, few years ago she had a credit check done and found some debt on her credit for medical related stuff from Spectrum Health related to her autistic son. She had no idea why this was on her credit so she disputed it wth the credit bureos and said this is not owed, I have/had insurance. They disappears from her credit, found in her favor for some reason.

Fast forward a few years and she is now being sued by a law firm that has bought the debt. She was served and reached out to them and they say she never paid, she owes it. She tried to explain it to them but they tried to bully her into paying so she said "see you in court". A quick Google search tells me this is what this law firm does, they buy OLD debt and sue people to collect settlements.

She spent several weeks working on this, talking to the doctor's office, the insurance provider etc and what we found was that her child WAS insured at the time and that the doctor's office in question NEVER submitted these bills to the insurance company. The pulled her records for her and gave proof that she was covered and the girl from the insurance company provided a letter stating that the doctors office never attempted to submit those bills for payment.

She informed the lawyer suing her of this and he did not care. He told her she owed the debt because they had tried to contact her for years and she ignored it. Problem is, she has lived at the same location, worked for the same company and had the same phone number the doctors office has in file for years too. The doctors office themselves says the debt isn't even in there system. Someone from the health group told her it should have been charged off if they couldnt collect it. They don't seem to understand why she is being sued either but said they can't do anything because they no longer have said debt.

Other than the original paperwork she was served she has never received ANYTHING with follow up court dates, hell she had to call the court for the first one because she got nothing.

She contacted the court to find out where and when stuff was going on and apparently either got a day/time wrong or was given misinformation.

She got to court this morning an sat in an empty courtroom for almost 30 minutes before someone asked if they could help. When she told them why she was there they told her the case was heard almost 1 hour previously and the lawyer sueing won a default judgement.

She has all her proofs that the billing department at the health group failed to submit for billing and a letter supporting that from the insurance company she was pretty sure she would win, she had no reason not to go.

She went to legal aid and they told her the lawyer suing her should have provided times/dates of said lawsuit followups and she said I've NEVER received anything from the court or the lawyer. Looking at all of her paperwork she has nothing with todays date on it. When asked how she knew, she said she called the court and showed up a few minutes before the time they told her to be there.

She was told by legal aid to reach out the bar accosiation and find out how to proceed next, she did and they basically told her it's "tricky" and its only $700.00 dollars so no big deal but she has no money and barely can pay the rent and feed her child with his issues.

Can she appeal this? What does she do next? Does this mean the law firm can garneshee her paycheck now or do they have to take her back to court if she refuse to willingly pay it? I'm wondering is she is stuck paying this if she can request a low ammount like $10~20 dollars a pay period as to not cause her to not be able to pay rent or bills.

Thanks!


Collection Lawsuits: Appealing Judgement for Medical Debts Not Owed

Staple or Paperclip Your Return.the Ultimate Tax Question

Such an inane question, but I can find no authoritative answer on this simple question, not even from the IRS. Any one tax forum with tax professionals will render totally different answers. So, is there an authoritative answer?
Do I staple or paperclip my return, or none?
If stapled or paperclipped....exactly where on the page should the staple or clip be attached?

Crazy, nutty...but I've never found an final answer for this.


Staple or Paperclip Your Return.the Ultimate Tax Question

Estate Assets and Debts: Two Party Check with Both Deceased and Only One Estate

My question involves estate proceedings in the state of: Maryland
I opened an estate for my father recently. There is a security deposit check I need to get reissued from 4 years ago, (he and his spouse sold a mobile home and a check was issued but never cashed). The spouse preceded him in death by 2 years. The company that will reissue the check wants a death certificate and letter of administration for her estate also (this may or may not be true, only second contact with them). Harford County says since she died first the check should be his estate (and they shouldn't need a letter of admin for her). Is there any way to get the company to issue a check to just him or cash the check in both their names?, this was a second marriage and there was no contact between her family and mine. The company has told me the check will be reissued as it was originally on the contract which they both jointly owned the house. Thank you for any guidance!


Estate Assets and Debts: Two Party Check with Both Deceased and Only One Estate