Affichage des articles dont le libellé est helpdesk. Afficher tous les articles
Affichage des articles dont le libellé est helpdesk. Afficher tous les articles

dimanche 21 juillet 2019

Non-Performance and Breach: Dispute with Home Builder

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

We had a home builder built a new house including a stock pond on the land we own. We paid $15,000 upfront for the pond. After we moved in last February we found the pond cannot retain water. The builder said they had to wait until all the water was gone to bring in special soil to fix the problem. Now the pond is completely dry and we urged the builder to come to do the work before rain comes again. But the builder now asked us to pay extra $6,500 for them to “bring in the dirt and compact”. We disagreed. We don’t know what to do next. Please advise.


Non-Performance and Breach: Dispute with Home Builder

Collection Lawsuits: Debt Collector Attorney Had Case Reopened After Statute of Limitations Passed

My question involves collection proceedings in the State of: Florida
A debt collection attorney filed a lawsuit for credit card debt seventy five days before the statue of limitations reached. No court activity for eighteen months. The case was called by the Judge, I went and the plaintiff didn't so I asked for the case to be dismissed and the case was dismissed. Next week plaintiff filed motion asking the Judge to reopened the lawsuit and was granted it. The statue of limitation for this debt ran out sixteen months ago. A hearing date is set. Where do I stand in front of the Court?


Collection Lawsuits: Debt Collector Attorney Had Case Reopened After Statute of Limitations Passed

Initiation of Charges How Much Trouble Am I Really in

My question involves criminal law for the state of: Texas
I stole gift cards from my job worth around 1200$ I quit the same day and got a call the next day from asset protection saying they have me on camera I tried to turn myself inn but I don't have a warrant am I. Looking at probation and Fine's or jail time also if so how much I have 9month old and don't want to miss his first birthday


Initiation of Charges How Much Trouble Am I Really in

Court Abused Its Discretion, Resulting in Torture

Court abused its discretion resulting in defendant being incarcerated for two months presentencing. Defendant was tortured for those two months with 24 hr. lights, no soap and forced to eat with hands.

How can defendant get the Court to apologize for its unlawful behavior.

Name of Motion?

[Edited]


Court Abused Its Discretion, Resulting in Torture

samedi 20 juillet 2019

Motions: Health of Defendant Reason to Change Venue in Small Claims Court

My question involves court procedures for the province of British Columbia, but US states will also be useful.
Do there exist precedents where the defendant's inadvisability to travel for health reasons was used in a successful motion to change venue? The balance of convenience test in Rule 13.1.02(2) is mainly used to weigh inconvenience/cost of using one location vs. another. But if traveling to a distant location exposes the defendant to a potentially life-threatening health complication, can that override cost considerations and argue for moving the venue to where the defendant lives and works?


Motions: Health of Defendant Reason to Change Venue in Small Claims Court

Realestate Easement

My question involves personal property located in the State of: Missouri
my property has a 15 foot utility easement at the gravel road which the whole subdivision uses .My neighbors are trying to dig a ditch on my property along the edge without my consent and they are saying that they have the right to the easement . Do they have this right to dig without my permission ? If not can legal action be taken against them for doing so ? Thank you !


Realestate Easement

Rear Ended Fracture to Neck

Alright, so July 9th in Minnesota I was stopped for a train with arms down. 2 vehicles were ahead of me & I was rear ended by a distracted driver & pushed 4 ft into the car in front of me. My insurance waived my deductible as I was not at fault.

I had a ct scan done and found out yesterday that I have a c7 compression fracture in my neck. And was told by family & friends to seek out an attorney. I have missed 5 work days & still have a lingering pain in my neck.

I have never had neck problems before nor do I have anything on my medical record saying so either.

Have pictures of the accident and medical report, not sure how to upload

Anyways how would it be best to proceed?


Rear Ended Fracture to Neck

Best Way to Get Tenant Out

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

I have a few rental units. I rented one of the unit one of my tenants was currently living in. I texted the tenant a few days before the new tenant was suppose to be moving in. I even offered them another rental for a little bit more money as well as storage.

A day or so before the new tenant was to arrive they denied the offer for another rental united stating that they have rights as tenants and need more sufficient time to move. I have all this proof as text messages.

I drafted up a 14 day notice for nonpayment. They're not behind but they usually pay cash and I don't give receipts unless they ask but they made me lose money with the potential new tenant.

Is nonpayment the best way to get them out?


Best Way to Get Tenant Out

vendredi 19 juillet 2019

Dismissal: Is a Sign Prohibiting Somthing Without the Backing of an Ordinance or Law Enforsable

My question involves court procedures for the state of: Arizona
I'm facing a $100.00 fine for violating my city's (Surprise) dog park rules. The city has four dog parks. Two for small dogs and two for large dogs. The small dog parks have signs limiting the weight to 20 lbs. My dogs are over 20 lbs. and were in one of the small dog parks. We have been going there for over 4 years and there has been never an incident or complaint. There are no city ordinances or laws (verified) establishing this limit nor is there a law or ordinance number posted on the sign. Is this limitation legal and or enforceable?


Dismissal: Is a Sign Prohibiting Somthing Without the Backing of an Ordinance or Law Enforsable

Trusts: Changing Attornies

California
The attorneys chosen to represent our mother and write up her living trust are not working in her best interest. Are there any conditions that would prevent us from simply having a new attorney take over? The current attorneys point to a clause in the trust that claims a beneficiary can have the trustor verified for competency by two doctors. A daughter in law (the person who "found" these attorneys) has requested the competency test. The trustor is more than competent (in my unprofessional opinion), and the beneficiary (a relative through marriage only) has a track record of unscrupulous behavior toward the family. The trustee is her husband, the trustor's son, who no longer wants to be the trustee. We were all set to make the amendment when the daughter in law spoke up, requesting the competency test. We later learn that the attorneys are personal friends with her. Further, she brought the trustor to these attorneys (to retain them and create the trust) two days after hip surgery when she was on considerable medications.

We simply want to hire a new attorney, have them amend the trust and make the appropriate change to remove the son as trustee and name someone else.


Trusts: Changing Attornies

Application & Eligibility: Getting Stonewalled by the City Re: Short-Changed Registration Period

My question involves a professional license in the state of: CA
Here in Los Angeles, like a lot of cities, they recently passed some Airbnb regulations. You have to pay $89 to register your airbnb unit starting July 1, but the city's stated deadline is Oct 1. So in other words, I am not required to register until Oct 31.
I just assumed that if I registered early, it was like paying my taxes or something (which if I pay on Jan 1, my taxes are still not due until April 15th the next year). As it turns out, the city starts the clock either from the moment I registered or from the moment my registration is processed and approved (I've gotten conflicting answers from them). They tricked me.
This to me lacks consideration. If I am not required to pay for the 4 month period leading up to Oct 31, 2019, why are they billing me for that period? I'm being short changed of a period of up to 4 months. It's like an optional fee period. No city should have what is essentially an optional fee period.
I've argued with the city and been stonewalled. They just regurgitate the same responses along the lines of "This is how it is. We can't make adjustments for one individual."
My last request was to ask for them to have their city attorney explain to me how this is not unjust. Do cities have attorneys who review matters like this?
What would you folks suggest? Eventually can this be brought to small claims? I'm guessing that the cost to file would be more than the $89, so am I just screwed? BTW this will probably cost me $89 because my season runs from about May 1 to Oct 31. Is this something a law firm might do a class action over, on behalf of lots of hosts?


Application & Eligibility: Getting Stonewalled by the City Re: Short-Changed Registration Period

Warning ( One More and Big Trouble)

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

I received a written warning at work requesting I use a face to face meeting approach over online video. Getting one more written warning this year I will be out the door. Do I have a possible discrimination case given: people under 40 in the group are regularly given verbal reminders for repeated missteps and/or re-training?

( other two warnings violate a policy hat is very regularly broken by many employees)


Warning ( One More and Big Trouble)

Trust Administration: Co-Trustee Claims Last Minute Trustee Fees Upon Final Distribution

My question involves estate proceedings in the state of: Florida

In an article, "What Is a Reasonable Trustee’s Fee?" it was concluded that, "Therefore, any compensation to be paid to a trustee must be contained within trust accountings, unless waived by all interested parties. "

Question:
Does this also pertain to trustee fees as well? That trustee fees to be paid (to the co-trustee) must be contained within trust accountings, unless waived by all interested parties. "

The co-trustee for my father's estate decided at the last minute to deduct $100,000 from the final distribution to the beneficaries, for her trustee fee. Is this allowed? Are there any cases that you can refer me to?

Is there any cases that you can refer me to, that point this out?

Thanks Mark


Trust Administration: Co-Trustee Claims Last Minute Trustee Fees Upon Final Distribution

Regulations and Procedures: Can a City Be Stopped from Issuing 'Permit Parking Only' Ordinance

My city is considering adopting a Permit Parking Only ordinance that will severely affect the ability of my customers to park near my business. How can I stop the ordinance from being approved?


Regulations and Procedures: Can a City Be Stopped from Issuing 'Permit Parking Only' Ordinance

Other Offenses: Collection of Written Off Court Fees

My question involves criminal law for the state of: Nevada

Can a parole officer require the collection of court fees that have been written off by order of the court? I can email a small PDF copy of the court order directing the write off.

If possible, please provide any citation to authority if possible.

Thanks!


Other Offenses: Collection of Written Off Court Fees

Seller Failure to Disclose Retaining Wall Issue-Can I Pull Out and Keep My Earnest $

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

I'm in process of purchasing a home and, after due diligence, I found the retaining wall to the west of the property (the parcel I am purchasing is on the uphill side) is failing. I've spoken with the neighbor and they claim the failure occurred recently when there was new concrete poured on the parcel I am purchasing for the driveway that runs along that retaining wall and leads to a newly built garage (as well as the floor in that garage). The wall in question does appear to be on the neighbor's property as well as at least a foot of the width of the driveway although no survey has been done. The neighbor is of the opinion that the owner of the property I am purchasing is liable to do the repairs (the concrete forms are still there and the neighbor's fence has not been reassembled as promised). The owner says he "shored up his side" and won't touch the retaining wall. The driveway extends all the way to the west edge of the property and covers the retaining wall (where it is not falling over). Prior to the garage being built the driveway was also this wide. The situation with the wall was not found by my inspector, and the seller answered "no" to all questions about awareness of earth movement or any property encroaching on neighboring property.

I actually would still like to buy the house, but want the seller to pay to rectify the situation (or I hold money back in escrow to take care of it). Past interactions make me think he is unlikely to agree to this. If he doesn't, can I pull out and still get my earnest money back based on his lack of proper disclosure? I'm supposed to sign in a few days.


Seller Failure to Disclose Retaining Wall Issue-Can I Pull Out and Keep My Earnest $

Contractors Not Finishing Their Work, Damaging House

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

On July 3, 2019 I had electrical contractors install lighting fixtures and other minor jobs. One of them made a hole in my wall and they left for the day without finishing the job. They were going to give me an allowance in my bill for the damage and someone was going to come back next week to finish the job but no one showed up or no calls. The owner told me they were taking a vacation that week so I did not call. On July 6, I received a bill for the full amount which I have not paid. I received one call since to which I returned but no follow up. I do not know what to do I haven’t paid them any money I feel like they have abandoned the project.


Contractors Not Finishing Their Work, Damaging House

jeudi 18 juillet 2019

Support Arrears: My Kids Are Paying My (Their) Arrears to Keep Me Out of Jail

My question involves a child custody case from the State of: Washington
I am the mother and non-custodial parent of 3 children; 23, 25 and 28. The divorce was final in 2006. All 3 of them are college graduates with jobs. I owe arrears of $17,000 and the state has, in the past, suspended my driver's license and just recently found me in contempt of court for failure to pay child support. I will add that I do pay when I am working, but due to health reasons, I no longer have a job and have filed for disability. For the last year the court has me on "Probation", with pay or appear hearings weekly. I have had to sell personal items or borrow to make the payments and stay out of jail. I remarried in 2014 and as a result of this court action, my husband and I have separated so I now have ZERO income. My children are helping me make the payments so I don't go to jail or get my license suspended again. My children are paying their own support! This is insane! I will also add that my court appointed attorney told me I apparently signed a statute of limitations waiver. I have never signed one. The only reason I am not the custodial parent is that my ex husband made me leave the family home (which was owned by his parents) and his attorney (which they hired for him) argued that since I had no home I should not have my children. I could not afford an attorney to fight this. I am a good mother and I love my children. This is hard for them and they do not want this order enforced. They have no contact with their father. Would it do any good for my children to appear at the next hearing?


Support Arrears: My Kids Are Paying My (Their) Arrears to Keep Me Out of Jail

Obstruction of Justice: Trespassing at Home Depot / Obstruction

My question involves criminal law for the state of: Florida My question involves criminal law for the state of: Florida start to finish I went to Home Depot with a friend to return a compressor that stop working it was relatively new and he used his credit card to pay so it stays on record basically we almost returned it but the employee needed manager sign of for it he comes over says it’s not new and won’t take it back my friend ask him call corporate and dude says I’m to busy today I can’t help you walks away and calls 911 on mean while we don’t know we’re still standing at returns I walk to the bathroom and when I come back there’s a cop by my friend so I just decide to record him he immediately sees me say he’s doesn’t mind if I record him I state I don’t either ask me what I need I simply say nothing at all just looking out for my friends safety he ask me to help my friend push out the compressor because he said to leave the store I said okay didn’t refuse at all walked out the store with a police escort turned around to record my friend who was like 10 feet behind me I’m out of the store at this point and he stops my friend for his I’d ask me for mines an I didn’t think I had it on me so I said I don’t have one. He says now I’m do it my way handcuffs me super tight and goes straight in my pocket and grabs my wallet I asked before why I’m be detained what a statue I broke and for him to identify himall I got was idc if your cuffs are tight I’m in full uniform I don’t have to identify he then puts me in the back of his truck as I’m getting in he tries to almost shove me in hurt my wrist cuz and then slams the door on my foot it stuck at this point in the door jam so I proceed to kick the window to get him to come back and open it he say ima charged with disorderly if you keep it up I say u closed the door on my foot you idiot so now I’m sitting in a cop car with these super tight cuffs that I asked him many times to loosen then he lets me out to a obstruction charge because I’m intoxicated n being Argumentative never got breathalyzer test or field sobriety test I’m mad and feel scared at the same time how I just charged for nothing I left the store because he said to !never did a homedepot employee ever ask us to leave do I have any kind of case even just charges dropped


Obstruction of Justice: Trespassing at Home Depot / Obstruction

Personal Investment: Ten Com

My question involves personal finance in the State of: what exactly does ten com mean on a stock certificate . I have a few stocks with my ex wife as ten com , I want to know if I can sell them or transfer them without her consent .


Personal Investment: Ten Com