dimanche 23 octobre 2016

Speeding Tickets: State of Washington's Legal Ability to Use Collection Agents for Non-Wash. Residents

My question involves a traffic ticket from the state of Washington when you are a non-resident:

I was recently cited for going 20 miles over the posted speed limit and given 15 days to respond to the citation. The traffic ticket response gives me 3 options: Pay the fine, request a "mitigation" hearing, or request a "contested hearing". For out of state residents, there is no option for submitting your version of the event without first admitting your guilt, and a trip to the Washington venue to present your side of the story could easily involve a trip of hundreds or thousands of miles, without any realistic chance of relief after you've already pleaded guilty. Any contestation on my part in a court would drive my expenses well past the posted penalty of $187.00, especially if I had to retain legal counsel to represent me.

(1) I do not believe I was going the speed alleged. The posted speed was 55, and I admitted to going 65+/-, but most definitely not 75. That tipping point of 20+ miles over significantly ups the $ penalty. The officer was driving ahead of me on a long uphill serpentine stretch of 4-lane highway and I first visually encountered his vehicle when he was approximately 150 yards ahead of me. A white SUV patrol car with the State Police logo only seen on the passenger doors, I of course wouldn't have run him over at 75 when I saw him, especially when he was barely driving 55 at the time. I expressed my disagreement with the speed he said I was going, but he said I was. I have no way of knowing if his vehicle was equipped with 360 radar, but he was a jerk and would have no part of backing off his 75 mph citation.

(2) Does the State of Washington have the ability to contract with a collection agency to hassle me for the fine & added penalties in Oregon if I refuse to pay ?


Speeding Tickets: State of Washington's Legal Ability to Use Collection Agents for Non-Wash. Residents

Adoption of Children: California Abandonment and Stepparent Adoption - It Can Be Done Without a Lawyer

Most of the responses in this forum tell people that "this is not a DIY project" and to "hire a lawyer". Of course, you wouldn't be on the forum if you could afford a lawyer.

I just want you to know that they are wrong. In most cases, you CAN do it yourself. You just need to put in the time and research. My husband adopted my daughters, his step-children, successfully without any help from a lawyer. He filed the abandonment and the adoption in his name. Every step of the way we heard from detractors saying that it couldn't be done without a lawyer.

Don't listen to them. People on this forum will try to convince you that you need a lawyer. When I started a thread, they were rude and condescending in their responses.

If you need help with a California abandonment or adoption, please message me directly and I will be happy to help. The process was a long one, mostly do to an ineffective system, but it can be done!


Adoption of Children: California Abandonment and Stepparent Adoption - It Can Be Done Without a Lawyer

Custody and Visitation Issues: Visitation with Father Soon

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

Good afternoon. I am in the process of obtaining a lawyer soon, but I have a few questions before I do.

Father just now started back seeing daughter 3 visits ago. Our child support order was established in October 2014 and visitation in March 2015. He had supervised visits for the first 2 months and after that, it was unsupervised from Friday 6pm-Sunday 6pm. I did not hear from him from August-December due to him running from the police for a dui and temporarily moving to Wisconsin. In April, he filed a show cause saying I was violating the order of visitation and I also filed one due to child support. The judge did not find me in violation due to father stating I refused to bring daughter to him, and the judge telling him that it was not my responsibility to provide transportation. Father was order to pay a purge of 1k within 30 days, but that never happened, so he now has an active bench warrant.

Father has been violating the order due to getting an apartment with his girlfriend after the court order was established. Also girlfriend lost custody of her kids when her youngest was only a newborn. Girlfriend's mother has custody and gf is on child support (found out through researching the Florida court system online). I dont know why she lost custody though, which worried me.

Well gf is now ex girlfriend. She sent me a picture through facebook of her black eye that father gave her. She told me a lot of things that have me worried about my daughter for her next visit. Father hasnt had a job since early 2015 and girlfriend was pretty much taking care of him and daughter for the 3 visits that he has had so far. Gf told me she had to buy food when daughter was there because father did not have any money. They also did not have any furniture in the house (only a couch that my daugher sleeps on and a table). She is on SSI and that was the only income they had to live off of, but now, she has moved out and he doesn't have a job to pay the rent. She advised me that he drinks on a daily basis and has beaten her over the past two years. I believe her because he hit me when I was 6 months pregnant. She said he is a good father to daughter (which I believe), but he has a serious drinking problem (which I know from the past and the dui where his BAC was double the limit).

I dont communicate with father at all due to our history, but I'm really concerned about when my daughter goes to stay with him next weekend due to him refusing to work and not having any income. I dont know what daughter is going to eat or stay since gf was doing everything. Yes, I will still follow the order, but is there any type of emergency hearing that my lawyer could possibly file if father doesn't have any where to stay. Gf did tell me that he asked a friend if he could stay with him and his girlfriend, but of course, it doesn't say anywhere in the order that father can't stay with a male.

Please guide me because I dont know what to do. She sent me a screenshot this morning of an email father sent her. He lied and said my daughter was hurt and in the hospital in another city, which was a lie. Gf said he only said that so he could get her to come with him. I will be getting the lawyer within the next two weeks, but I would like to have some sort of talking points before going to see him. Thanks in advance.


Custody and Visitation Issues: Visitation with Father Soon

Arrest Procedure: Off Duty Sheriff Pulls Me Over

My question involves criminal law for the state of: First off I would like to say I was braking the law but I only do it to get back and forth from school. A sheriff, while picking up his kid followed me to my neighborhood while I as riding home on my 212 cc Baja motor bike. He pulled me over as I was entering my neighborhood and he then proceeded to lecture me about how my helmet was not certified and that I was lucky he didn't give me a ticket and or arrest me. All of this happening while his child is sitting in the back seat of his marked vehicle, note he did not show a badge and was not in uniform. ( This happened in Louisville Kentucky on friday, october, 21st). Please let me know if this was legal.


Arrest Procedure: Off Duty Sheriff Pulls Me Over

Harassment: Indirect Online Harassment Alternatives

My question involves criminal law for the state of: Texas and Florida over the Internet.

I have an Sister in law lives in Florida and she's a bit crazy she's stabbed my brother in the back a few years ago and they feed off each others drama. I've moved to Texas for work and recently she's been petty enough to threaten me and my marriage via Facebook chat. She created an account on Facebook using my name, and is asking my friends on facebook to friend them and asking them for nudes and sending nudes of men to them under the impression it's me. (I'm blocked from seeing the account so I can't report it on Facebook.) I've posted on my timeline that she's doing this and to not friend anyone using my name, but I'm really not wanting my friends to fall into her trap either. She's also sent screenshots of chats using this fake account and it was the same facebook username with a .386 after it, so my Father and I knew it was her fake account.

Several of my friends let me know they were friended by her and said they were asking to trade nudes using my name.

What recourse do I have? Can I get a restraining order against her? Because of her, she's disowned my family so my brother has been singled out and no longer talks to us either, but there's nothing to stop her from continuing to do this. Since she's friending my friends and using my name to tarnish my person, what recourse do I have?


Harassment: Indirect Online Harassment Alternatives

Default Judgments: When a Deafult Judgement is Granted, Who Is/Can Be Considered the "Moving Party"

My question involves court procedures for the state of: NJ

Back in the spring, I sued someone in small claims court. We reached a settlement agreement, but the defendant/debtor never paid.

Last month, I filed a motion for a default judgement, and the judge granted the motion on my day in court (Oct. 14th).

Several days ago, I got a letter from the court, as an official record of the judgement.

At the very bottom, it says:

"It if further ordered that a copy of this Order be served by the moving party upon all other parties, or their attorneys, if any, within 10 days oft the date hereof."

I really not sure what it means by moving party.

But I'm concerned that the moving party is the person who filed the judgement (me), and I have 10 days to give the debtor a copy (especially since it's dated 10/14, and 10 days is tomorrow....but didn't get this letter until 10/20).


Default Judgments: When a Deafult Judgement is Granted, Who Is/Can Be Considered the "Moving Party"

Defenses to Eviction: How to Withold the Rent

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

May i know how to successfully withheld the rent if landlord is not fixing the problem ? I live in a building where the ceiling is not properly insulated and when the kids run above me i cannot sleep or live peacefully. I have complained to my landlord numerous times but he is not willing to do anything about it. I am not in a condition to move out because i have serious medical condition. I have had arguments with tenants living above me numerous times and even called cops on them many times but still my problem is not solved. My landlord has told me verbally many times to move out of building but i cannot because of my medical condition. However i have been paying my rent regularly. I have also offered my landlord to move upstairs and even agreed to pay higher rent but it seems he does not want to give me an apartment that is vacant upstairs. All he wants me to do is to move out of building. The level of noise has increased to an extent that sometimes my heartbeat goes up. I would sincerely appreciate if someone could advice me on how to successfully force landlord to fix this problem ?


Defenses to Eviction: How to Withold the Rent