Contract Law: What is the Effective Date of a Contract if the Parties Do Not Enter a Date

My question involves business law in the state of: NYC



The opening paragraph. Both lawyers did not enter the "day" on executed copies.

"..agreement made as of the __day of January 2015, by and between.."



The paragraph under my signature reads (day not entered again):

"The undersigned here by assent to the execution of the foregoing agreement dated as of January __, 2015 between Company Name and My Company, and in consideration of company executing the agreement and as a further inducement for company to do so, the undersigned agrees to be bound thereby, as though the undersign were a party thereto."



The agreement also has an exact date on the footer of when I had executed it. No dates were required beside the signatures either.



When is the execution date of this agreement??

Contract Law: What is the Effective Date of a Contract if the Parties Do Not Enter a Date

Speeding Tickets: Traffic Violation Valid

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



I was pulled over by a motorcycle officer who said I was going 53 on a 35 using a pro laser 3. He was nice and wrote me a ticket for 45 on a 35. I went back to where this happened and there are no speed limit postings. I was fortunate and when coming back to the officers direction he was still there. I told him that there were not speed limit postings and he stated that he would go back and if correct would note them on his ticket notes.



I requested the officer's ticket notes and sure enough he confirmed that there were no speed limit postings on his notes. Now, I did some research and found that in Arizona Legislation 28-701.02 it states "if no speed limit is posted, exceed forty-five miles per hour is breaking the law.



Given the fact: that my ticket was written for 45 on a 35 does this mean the complaint is not legal? That actual ticket is not breaking the law right? Also the area where was given the ticket has no building or houses at all just fields of nut trees? It does not look residential or business at all?



should I fight this ticket?



thank you,

Speeding Tickets: Traffic Violation Valid

Background Checks: Texas Backround Check, Counsumer Reporting Agency and the Real Truth in Texas

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

There is so much conflicting information (even between law firms) about the reporting of misdemeanor convictions past 7 years from consumer reporting agencies. I know what FCRA says...but my understanding is that Texas has a tougher stance on the reporting of convictions past 7 years. Does anyone know the real truth? and where I can find the legal document that explains? I can't believe I cant get a job because of a misdemeanor that happened in 1996 that I had no real control over. Can anyone explain? please!

Background Checks: Texas Backround Check, Counsumer Reporting Agency and the Real Truth in Texas

Forgery: Babysitter Caught Stealing and Cashing Checks. Question About Possibilities Going of

My question involves criminal law for the state of: Georgia



So here's the scoop..



A few months ago I had a cannon stolen out of my garage, maybe Nov 25th or so, about 450$ of value.. Called and got a police report.



Last month December, I had someone buy something on my credit card from nike.com, I posted that here:

http://ift.tt/1CZTxt7



Then in late December, I bounce a check because I had other "checks" posting that I didn't anticipate, which we find out later our forgeries.. Then last week I see a large check come through from the babysitter (she is 18 and has been from what we've seen is the first fraud check).. So I call my wife and she days, I didn't write it, not my signature.. So I look close and yah, no way she wrote it.. We look back from Jan 2014 and see that there are 11 checks we didn't write.. We don't pay too much attention as you can gather or we would have probably noticed them earlier.. If it hadn't been for an the last check which was completely unexpected I might still not know..



Fast forward, I compile all the info, print all the check and signatures on the back, and create a spreadsheet of all the information.. Since she lives at home I call her mom today and she comes over.. We show her all the info and she says she'd embarrassed and I tell her we'll be calling the cops, but I'd give her the consideration to let her husband know first..



Later on today the Dad comes over and I show him everything and he says the same thing, tell him I'll be calling the cops, but I'd give him the consideration of waiting until the morning..



He calls about an hour later and says the daughter wants to talk with us, so we go over there and I record the conversation.. She admits to doing all of it (except the cannon), she did the nike charge and the checks.. Says she wasn't smart enough to know that it was bad in a summary..



So, I'm wondering what my options are.. We plan to call the cops.. They look as if they'll tell the truth.. We want our cash back 2600$, but we want to see justice done as well (we trusted her with our children).. We also had at some point all of our financial info out, ss#, checks, credit cards, financial info, etc, etc.. completely exposed, because we left it all around in draws, etc.... We trusted her..



Anything I need to be weary of? Any advice anyone can give me here that I may not know.. I'm hoping I can call the cops, give them all the data and have them go over to her house which is across the street and get whatever they want from there..



Is she liable for the 2660, is she liable for a bounced check fee I got for a time that she was cashing checks from my account.. Is she liable for any costs for credit checks, changing accounts, life lock credit protection, etc..



Our reason for getting the cops involved is that we don't know what else may be compromised or what might show up in the future.. We are really in the early stages of understanding the extent of damages financially.



Is there any punitive or other damages along those lines that we can get as well?



Last but not least.. She won't cop to stealing the cannon, but common.. Never had any issues before.. very suspicious.. Do I have any hope here even though she denies this one thing?

Forgery: Babysitter Caught Stealing and Cashing Checks. Question About Possibilities Going of

Police Conduct: Is There a Limit on How Many Wellness Checks One Can Request

My question involves police conduct in the State of: Florida



Background info to give you all an idea of what's happening: My boyfriend has a son that is two years old. His son's mother (boyfriend's ex) is mentally unstable, but is able to hide it well from everyone and instead is able to passive aggressively take it out on my boyfriend, using the child as a vehicle. She has obsessive tendencies with boyfriend and has saved photos of me and him for the past year and uses them to teach her son things about us, especially me. And yes, this is true- she has sent us video evidence of her manipulative actions. We have his two-year-old in our care every other week- a timesharing schedule that she despises. They will go to court in a month to hammer out the rest of the details of the parenting plan. Until then, they have a partial parenting agreement that was signed off by the courts after their mediation session two months ago.



The problem: My boyfriend's ex has called for wellness checks on her son while he was in our care FOUR times in the last 60 days. The last two have occurred in the last three days. After the second wellness check, my boyfriend had called the police department to obtain the police report and the officer on the line stated that it was very evident that the mother was doing this out of malicious intent and said that they would "flag" our house in their system. Meaning, if she called for another wellness check at our address, the officer provided with the request would use his/her best discretion and could make the decision on whether or not it was warranted and, if they felt so, to not conduct it.



That was two times ago, and they are still coming. In Florida, is there a limit on how many wellness checks one can request? Will she eventually begin to be fined for making unnecessary, unjustified calls to the sherriff's department? I understand she has a right to do this if she has legitimate reason to believe that her child is in danger, but she has none. She and my boyfriend do not speak because she is unable to handle civil interactions and becomes belligerent. Nevertheless, he shows up every week at the exchange point on time and returns his son to her clean, well-slept, and in good health. He is a student and I work full time and am working on my graduate degree. We live in a great neighborhood in a house where his son has his own room. There is no reason for her to believe he is in danger; if anything, judging by her current living conditions, neighborhood, and unstable financial situation, he is ten times safer here than her home.



I am looking for advice because it is beginning to affect the child. Now when the doorbell rings, he is beginning to ask, "Policeman? Policeman here?" and it is heartbreaking. This is an unhealthy environment she is exposing him to because of her selfishness and hatred for me, my boyfriend, and the fact that we have a relationship that her son sees and is happy with. Please help me, the sherriff's department here does not seem to care.

Police Conduct: Is There a Limit on How Many Wellness Checks One Can Request

Compulsory Education: Start of School

My question involves education law in the State of: Ohio



Hello, I am originally not from the US and I am unsure of when a child in Ohio must start school. Is a child required to go to "kindergarten"? Or does a child start with "first grade"?

Compulsory Education: Start of School

Domestic Violence: Can't Do D.v. Classes Due to P.t.s.d

My question involves criminal law for





P.m. the state of: Oregon my friend got 3years probation for d.v. judge said in two years if he does good exc. He's done good went from high to med to low supervision.his p.o. told him he has to go to d.v. classes. That's the last thing he has to do. He can't go to any type of d.v. classes he suffers from p.t.s.d. with proof. What can he do?

Domestic Violence: Can't Do D.v. Classes Due to P.t.s.d

Social Security Issues: Is It Possible to Increase My SSI Review Period

I am legally blind due to damage to my optic nerve that has affected me since I was about 3 years old. I am now 28. But, for some reason, Social Security has only given me a 1-year review period for SSI when I re-applied after being kicked out of the program over life insurance benefits I received when my father died in 2009.



Why on earth would they set my review period to just one year when I've had this condition for 25 and there is no way to treat it? And what can I do to get the review period increased? It's wreaking havoc on my eligibility for student loan forgiveness, among other things.

Social Security Issues: Is It Possible to Increase My SSI Review Period

Sales Agreements: Dealership Sold a Used Car in a Private Party Transaction Under Former Owner's Title

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



I'm writing about something that just happened to my son's girlfriend, and hoping someone can enlighten me on if she has some remedy. Her purchase was in California in August 2014, and I have just come to be aware of this in the last couple weeks.



She was told by a friend that the Service Manager of a Dealership had a used car for sale. She went to see it and ended up buying the car for $5,000. Rather quickly the car had terrible transmission problems and a new $4000 transmission is now required. I understand California is a strong buyer beware state, so we are not trying to get money back via that route.



Here's what's shifty:



The Service Manager sold her the car (which was sitting on the lot, but not as a car for sale from the dealer -- just the place he kept it). as a private party transaction. No Dealership paperwork was done at all. He did not represent it was a dealer car, but his car. He told her that it was a trade-in from some nice lady that bought a new car there. Now I learn that the car had an "open title" meaning that it still had the lady's name on it. The Service Manager, nor the Dealership, had their name on it as my son's girlfriend noticed when she was at the DMV taking care of the sale paperwork -- just the name of the woman who traded it in.



My friend who knows a lot about cars tells me that this is illegal if the seller is not a dealer, and the DA would love to hear about this. And by the way, one of the principals in the business has already been in big trouble for title fraud in the past. It's a rather small town and so it's definitely known in the DA's office I'm sure. I have to find out, but I doubt the Service Manager is a California authorized dealer (don't yet know where to check, looking for an online source). And it was not the Dealership doing this sale. So it seems like an illegal sale to me, and enough trickery to maybe force a refund and/or at least get them in trouble with the law.

Sales Agreements: Dealership Sold a Used Car in a Private Party Transaction Under Former Owner's Title

Traffic Accidents: Car Accident in My Vehicle - Was Not Driving Vehicle - Was Not at Fault

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



I let my nephew borrow my car to pickup my mother from work. He has a license but no insurance and he is not on my insurance policy either. While on his way, a vehicle making a left turn got out in front of him causing my nephew to collide with the side of his vehicle. My nephew had the right of way and the other vehicle came out from a side street and attempted to make a left turn without checking. I tried obtaining the police report but the police could not release any information. They gave me the number for a detective and I'm assuming because the investigation is still pending. There were injuries to both my nephew and parties in the other vehicle as well.



My question is: Can the other parties sue me for physical damages and/or injuries even though my nephew was not at fault for the accident? Can my nephew be sued for physical damages and/or injures even though he was not at fault?

Traffic Accidents: Car Accident in My Vehicle - Was Not Driving Vehicle - Was Not at Fault

Compensation and Overtime: Direct Deposit Reversal Without a Direct Deposit

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



Good Afternoon.



I am here looking for a little insight on an issue at work. But first, a little background. I am a municipal employee who works full-time, and I have direct deposit bi-weekly. In the past there have been various problems with direct deposits such as short payments, a few overpayments, as well as some tax calculation errors (always in favor of payment, never in favor of the employee) that were resolved over time. The payroll itself is handled by a finance department for the municipality, and there is a bank as well as payroll company involved.



Moving to the problem identified: On the date that payment was due, no direct deposits were received by any township employee. As there were many angry folks milling about, finance declared the problem was with X bank, and that deposits were not made on Friday morning because of a snowstorm that effected the office on Monday into Tuesday. As a short aside, my specific department turns in payroll adjustments on Wednesday at the end of the business day (not sure if this helps to identify when payroll is physically submitted.)



Continuing on: Finance employees eventually get physical checks for all employees by end of business on Friday declaring the same "problem with the bank's ability to deposit" and employees pick up there physical checks.



Saturday morning: Some (of which I cannot estimate a percentage yet, but enough that it was obvious due to phone calls) employees, but not all employees, had a direct deposit "reversal" for the amount that their direct deposit SHOULD have been. In short, I have a paper check in hand for $x.xx that needs to be deposited. I have a bank account that has an ACH "reversal" withdrawal of the same, $x.xx. So I have been paid zero dollars, and a direct deposit reversal occurred to a direct deposit that never happened. Although I am not in a serious financial pickle over this, many employees were unable to pick up their physical checks, and thus are significantly overdrawn.



It is my understanding, in generalities, that a reversal can only be for the exact dollar amount of a direct deposit. In this case, there was no direct deposit at all. What I am looking for here is a push in the right direction for where I can find the actual statutes that regulate this activity to help to find out where this broke down, who is at fault, and who hold the responsibility for the problem. I'm not looking at getting into a legal action over it, but just to identify what laws were broken, by whom, and how so that it can be identified.



I study law, however I have yet to come upon any type of financial law. So I am familiar with legal research, but this new area is well outside of my area of familiarity. As I stated before, the jurisdiction in New Jersey.



Thank you very much for any help that you can provide.



-S

Compensation and Overtime: Direct Deposit Reversal Without a Direct Deposit

Discovery: Plaintiff Requests at the Last Second

My question involves small claims court in the state of Michigan regarding my Lawsuit against my Condo Management Company.



Background of Case:



The Defense Lawyer filed a motion for Discovery at the Pretrial and we had 60 days to complete the Discovery. The Defense Lawyer then sent me his request for Discovery on Day 57 and advises me that I need to complete the request within 28 days, however, we have court on what would be Day 65.



So basically he tried to extend the judges order of 60 days to complete the Discovery by several weeks.



I just want know a way to articulate to the judge how the Defense failed to ask for Discovery in a reasonable amout of time.



Note: Discovery was suppose to completed by 60 days. Which means day 57 is not a reasonable amount of time to start it.



I figured I'll bring everything to court but he is not getting it any sooner. I really want to argure for a default.



Thank-You and I appreciate all the help!!

Discovery: Plaintiff Requests at the Last Second

Civil Rights Issues: I Was Humiliated in a Safeway Store- Told I Was a Shoplifter

My question involves civil rights in the State of: Wyoming

I am a regular customer at the Safeway here in Cheyenne, Wyoming at Cole Shopping Center. I was in there last night buying my normal weekly load of groceries- I have just moved back to Wyoming from Colorado- this particular Safeway is the closest to my home, I have been shopping there often since June- 2014. I was just about done shopping- I had been there about 30 minutes. The woman manager came up to me- in the middle of the store-( with a male stock boy- big boy- I guess she thought I would try to fight with her) anyway, she said to me "you are not supposed to be in this store"- I looked at her like she was crazy. I said what?? (at first I thought she was making a joke)- she said "you have been caught shoplifting in there a couple of times now- you are not allowed in this store ever again. I was so shocked- I didn't know what to do. I said Not me- you must be mistaken- I have never been caught doing anything in here. She said "sure- you must have a twin then. I just left my cart in the middle of the store and walked out. Then when I fully recovered from my shock, I thought that I should have called the police right then and made a report. What should I do? I was humiliated and violated in front of a lot of people and now my reputation in that store is ruined- I am in shock.

Tami

Civil Rights Issues: I Was Humiliated in a Safeway Store- Told I Was a Shoplifter

Custody and Visitation Issues: Ex Moved Out of State with Kids and More Bs

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

I now know that my ex wife planned this for a while. She has been being nice to me for a while and I have been helping her out a lot with whatever cause I will help anyone. I always wanted to move away. She came to me and said do you want to move away. So I was thinking this was my only chance to move away. We (she) picked out a place in SC. She still being nice. She then had her attorney write up a paper for us to sign. It said only 2 things. I agree that she can move out of state and that I wall soon follow after my job is done. I still have the original custody order that is in effect even if she moves that I get the kids on weekends. We also have a verbal agreement that no one else can live with them in the same house. Cause her aunt was going to live with them. I didnt like that cause shes a very mean person to the kids. 1 of my kids told me she hit him in the head with a cane for some reason and he was crying telling me. But thats another story. I agreed and signed and we had it notarized. Now for act 2. She started getting snubby with me and having an attitude. I kept asking why are you having an attitude with me? She tried to play it off. So Friday 1/23/15 comes and I text her whats up for the weekend. She texted me back and said were on the way down to SC. WTF? She didnt tell me anything they were moving that fast. And let alone she didnt even let the kids say to their grandma good by (for now). I texted nothing mean or wrong in any way. And she said to stop "bullying her". What? And she blocked me from her phone and said to email only. NOW I get it. She had this plan for a while. She was being schooled for a while from her attorney. You know email records, say hes bullying you.. etc. All I kept saying was can I please talk to the kids. Now she wont answer the emails or let me talk to the kids. FOR NO REASON! I have always been nice. Now for the question. For the contract she kept her side up and moved (into the night) I am now not going to move. So I broke that contract and it is null and void. So she has to bring or move back the kids? Also she violated the custody weekend order. I am getting an attorney. Any thoughts? BTY I know her attorney is going to find this and read it. And i hope she does on how that attorney broke up a father from his kids.

Custody and Visitation Issues: Ex Moved Out of State with Kids and More Bs

Disciplinary Issues: Prolems with Boss Also the Owner

my boss is also also the owner and i have worked there for the last 12years 13 in october .........the first 7 years were fine but i had injury to me arm which i done at work never claimed but had to have 15 weeks off work came back to work and as i couldnt do heavy lifting was ok by boss he understood but after 6 months got 1st letter of many to say wasnt happy with my work had letter to say would take further if didnt improve my standard of work 6months later had meeting and again same thing... 6 months later again samething and this has carried on until now which today got another letter stating not happy with my standard of work in between each letter (6 months) have had no contact with him to say if my work has improved or not. all the other team members all do far less than me but never seem to get a meeting or letter just verbal telling off feel like he has singled me out just had 8 weeks off work cos i broke me leg one month back at job and i get letter ............dont know what to do but i am not quiting my job but it is proving to be too stressful wondering what to do to keep him off my back

Disciplinary Issues: Prolems with Boss Also the Owner

Driver's License Issues: Reinstating My Driver's License

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

Texas



My drivers license have been suspended and now I'm trying to reinstate. I know I have a few surcharges to pay but also back in 2007 I got a ticket for no insurance. Isn't the statue of limitations out on this ticket. It is not in warrant status.

Driver's License Issues: Reinstating My Driver's License

Juvenile Detention: Something Seems Wrong

My question involves juvenile law in the State of: west Virginia



I know i'm going to get some harsh remarks but i'm a bit lost. I am a partially paralyzed single mom of a 15 year old girl, we got into a spat she whacked me on the leg with my cane the law was called she admitted she done it the cop went to place her in handcuffs she said wait my mom and pulled away the cop then jerked her by the arm and fight or flight kicked in and a struggle ensued a second officer joined the fight and my daughter was arrested on a domestic violence and obstructing charge. a no contact order and a 25,000 bond was placed on her I was not allowed to speak at the hearing she was placed in juvenile hall, 3 days later we had a second hearing (still no contact made with me) the judge asked her if she wanted to go back to juvie or a shelter she said home, he got angry and sent her back to juvie,. my daughter helps me with cooking and things on weekends when my caretakers are off, nothing major major, she is my ONLY support system now I sit alone not even knowing where she is. what are my options, and what road is this process going down? have I lost my daughter forever when I was just wanting to scare her straight? her lawyer won't talk to me.

Juvenile Detention: Something Seems Wrong

Medical Malpractice: Issues with the Neurologist

When I was 8 years old, I broke my neck falling off a swing backwards. I had an awful time before anything got done about it. First the elementary school nurse accused me of faking it and tried to turn my head, then the x-ray tech at the hospital emergency room did the exact same thing, and the emergency room doctor put my neck brace on upside down and backward before sending me to Doenbechers Children's Hospital. I eventually had to wear a halo for a while since two of my vertebra were almost twisted completely around. I started to get migraines as a teenager and seemed to get worse the older I got. I was put on all different kinds of medications without any doctors trying to figure out what was causing these awful headaches. I started to get pressure in my head in which my temples were always swollen and also accompanied by some of the worst migraines I have had. Kaiser Permanente neurologists started me on some medications but after a few years I had to change insurance and change doctors. On December 19, 2014 I saw a new neurologist at a local hospital. She had me stop two of my medications and increased my migraine medication from 20 mg to 40 mg. On Christmas Eve, I started having vision problems which included double vision, my left eye was going cross eyed, and my right eye everything I looked at was wavy. My eyes were so bad it hurt to have them opened and I thought I was going to go blind. I called the new neurologists office on December 29, 2014 to let them know what was happening to me and the doctor was out on vacation but there was another neurologist taking to her patients. I talked to n nurse and told her what I was experiencing and she said she would talk to the doctor in the office and call me back. I never got a call back from her and if I had waited I would have been blind. I ended up making a appointment at my primary care provider and saw a nurse practitioner who was quite worried about my eyes, so she put in an urgent notice to see an eye doctor. On December 30, 2014 I saw an opthamologist who examined my eyes and said that my optic nerves were extremely swollen which is usually caused by extreme intracraniel pressure. He scheduled an MRI with and without contrast and told the neurologist I needed a spinal tap immediately, followed by medications to keep the pressure down. I finally had a spinal tap a week later. The normal intracraniel pressure is suppose to be between 20 and 25 and mine was all the way up to 37, so the doctor that performed the spinal tap had to remove 15 ml of cerebral spinal fluid since I had too much which was causing the pressure to be really high. Well, I never heard from the neurologist after my spinal tap and I eventually had to call them which was almost a week later and find out what the neurologist was going to do about this problem I'm having. I finally got a hold of her nurse, after calling the second time that day, and finally got an appointment to see the doctor. On January 16, 2015 I finally got in to see the neurologist. The appointment only lasted about 15 minutes and all she did was put me on a low carb diet and give me some medication that is suppose to prevent the build up of cerebral spinal fluid. After I started taking the new medication I noticed my figures and the bottoms of my feet would tingle, sometime to the point to where they would ache. I called the neurologists office and explained my symptoms to the nurse who told me it was a common side effect but she would let the doctor know I was having this problem and then call me back. I still haven't heard back from her and I'm not really surprised. My eyes have not recovered and I think there was damage done to them since I can't see as good as I use too. I also think that the new neurologist doing medication changes on me caused the intracraniel pressure to increase to really high levels. I never can get any help or answers from that office, no matter how many times I call them. I still don't feel good and I also feel like I still have pressure in my head, and I was not put on the anti-pressure medications soon enough after my spinal tap.

Medical Malpractice: Issues with the Neurologist

Disability Insurance: Private Disability Insurance Co. Asking for Private Information Not Relevant to Claim

My question involves insurance law for the state of: California



15+ years ago I purchased Disability Insurance through a group policy a trade organization I belong to has with a major East Coast insurance Company. I purchased a policy for a fixed monthly benefit of $X,000. During the application I was qualified for this level of benefit. I have been paying the premiums for the policy all these years out of personal funds.



I am a self-employed business consultant based in California. 5 years ago I started dealing with depression and anxiety over multiple ongoing family crises. I have been in therapy regularly since then. My illness greatly impacted my ability to work and my income started to drop steadily. The past two years my income has been less than 20% of what it was pre-crisis. I reached a breaking point this fall and could no longer work. My doctors suggested I file an STD claim with my insurance company. The company has been horrible to work with. Ten weeks after contacting them to file a claim they are finally ready to review my claim. They are asking for my 2012 and 2013 complete federal tax returns (including all schedules). Here are my questions:



1. Why do they need the returns if I have been paying for a fixed dollar benefit all these years? Several times over the past decade they mailed me forms asking if I wanted to increase my benefits, which I declined.



2. What is the minimum amount of financial information I need to disclose? In my claim I already told them my incomes for those years. If they must have documentation, would the first two pages of the 1040 be sufficient without all the schedules?



3. The past three years I have been working disabled (as noted in my medical records). If they look at my income, they will see my annual income is a fraction of my covered benefit. Assuming their review of my files and interviews with my doctors lead them to agree with my claim, can they turn around and say I have been over-insured since 2012 and deny most of the benefit I have been paying for all these years? I don't see how they can claim this since they never contacted me for any proof of income before each annual renewal.



4. On a related matter, they have asked my doctors for complete copies of my files. These include very personal discussions about myself and my family which I do not feel is any of their business. This is a simple STD claim - not a criminal case. They have asked my doctors to fill in forms providing very detailed medical information about my condition. Do they have to read all my personal files? I thought these files were doctor-patient privileged and only needed to be divulged in criminal cases.



5. If they do not need to see my files, should I instruct my doctors not to send them? What should I communicate to the insurance company? Can they deny my claim if I refuse to send them the files?



6. If they must have the files, can I ask my doctors to make of copy of the files and redact out personal information like names?



I feel like I am being treated like a criminal and they are doing everything in their power to deny coverage. Any advice would be greatly appreciated.



Thank you!

Disability Insurance: Private Disability Insurance Co. Asking for Private Information Not Relevant to Claim

Title Ownership: Where is the Title

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



I read in the code the state keeps the title for 10 years, is this true? If true why would they keep my property.

Title Ownership: Where is the Title

Hearings and Trials: When to File Form TR002 in Traffic Court

My question involves traffic court in the State of: CA



Hello. Should a person fill and send TR002 form (Written Not Guilty Plea/Request For Trial By Written Declaration) to court if he already has form TR-205 in hands (e.g. downloaded from the internet). Thanks!

Hearings and Trials: When to File Form TR002 in Traffic Court

Behavior Issues: Forcefully Sending Me to Mental Institute

My question involves juvenile law in the State of: Alabama

My boyfriend turned 18 on November and i will turn 16 in 2 months. my parents have said i am not to have contact with him and they have called the cops on him. we dont see each other anymore and only text. the worst part is that i still love him dearly and my parents are forcefully placing me in a mental institute. i cant be in a mental institute. i go to the best magnet program (Loveless Academic Magnet Program High) in the US. my gpa is a 4.12 out of 4 as i am taking ap classes. my parents cant force me in a mental institute and ruin my future. please help me. is there anything i can do. is there anyway i can stop them from taking me out of the school and placing me in a mental institute. they have tried once, when i was evaluated they said i was perfectly normal. now my parents have found a private institute that will take me only because i am in love with a boy. please help me. please. im begging you.

Behavior Issues: Forcefully Sending Me to Mental Institute

Seat Belt Violations: Will E-Mails Be Admissible in Traffic Court

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



Received traffic ticket for speeding. Checked with the right authorities and was told by a traffic engineer that NO speed survey had ever been performed on the state highway for the stretch of road that I was cited on.



Two questions:



1) Its my understanding that this will significantly increase my chances of getting this dismissed. According to the MUCTD there must be a speed survey done in order to permit speed enforcement on the a road; no speed survey = speed enforcement is not permissible. Can someone else help me confirm this?



2) The engineer responded to me via email rather than on a physical piece of paper with official letterhead, signature, etc. Will I be able to print out a copy of the email conversation and have this be sufficient to use in court? Or will something that is on a physical piece of paper, signed, etc. be necessary?



Thanks

Seat Belt Violations: Will E-Mails Be Admissible in Traffic Court

Closings and Escrow: Transfer of Property with HELOC on It

My brother-in-law/sister and myself are trying to work out a property deal in order to keep a piece of property in the family. My brother-in-law’s dad owns two adjoining parcels in the mountains of North Carolina, and he wants to sell them to get rid of debt and because he doesn’t use them. I want to buy one of the parcels, and we’re trying to figure out how to do that.



We’ll call them Parcel A and Parcel B. Parcel A is 0.75 acres and has a 3 bedroom house on it that is in pretty good condition, and is assessed at $120K. My brother-in-law will keep this parcel. Parcel B is 3 acres, has a small 1 bedroom cabin on it and another building that I will eventually turn into a house. Parcel B is assessed at $80K, but I won’t be able to get a mortgage on it in its current state because neither building is currently habitable (the bathroom for the cabin has been torn out). I am going to buy Parcel B for $50K. I know it will appraise for more than $50K, but like I said, a mortgage will not be possible until improvements are made. I don’t want to sink money into fixing up the property until I have some kind of right of ownership in case the deal fell apart for some reason.



My brother-in-law’s dad took out a $50K HELOC on both properties, so the lien is on both. I don’t know why he did it that way. So we’d like to figure out some way to transfer ownership of Parcel B and the HELOC debt to me without doing a mortgage. I should say we trust my brother-in-law and his dad absolutely and are not worried about them screwing us.



Here is what we are considering. And yes, we will engage a lawyer in this. We have informally talked to a friend who is a lawyer.



Option 1 – My wife and I pay my brother-in-law’s dad $10K cash (which we were going to use as a mortgage downpayment) and he simply adds us to the deed for Parcel B with him so we have some legal ownership of the property and feel comfortable investing in improvements. We make the HELOC payments for him while we make improvements, and then in a year or so when it’s fixed up we somehow refinance the HELOC into our names and take him off the deed. If we are on the deed with him as co-owners, would we be able to refinance the HELOC into our names and take his off? We have the credit and income.



Option 2 – My brother-in-law’s Parcel A is assessed at $120K and is more than enough to secure the $50K HELOC balance. We convince PNC Bank to release Parcel B and put the whole lien on Parcel A. We then transfer Parcel B’s clean debt-free title to me. I make improvements, then take out a HELOC or mortgage to pay off the existing HELOC on the other parcel.



What do the experts here think of these options? Are they doable? Is it possible to essentially “refinance” my brother-in-law’s dad’s HELOC into my name and him just transfer the deed to me? Is there a better solution we haven’t thought about?

Closings and Escrow: Transfer of Property with HELOC on It

Relocation: Newly Non-Custodial Parent Wanting to Move Over 100 Miles

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



I tried looking for a post about this, but did not find one. I still share joint legal with my ex. He recently gained physical custody (meaning they now live with him). My husband has been looking for work for 3 years and finally got something about 3 hours away (over 100 miles) in the same state. i understand about the 100 mile rule in michigan, however, my ex does not agree stating its a violation of the court order. i know i'd have to go to court to get this move approved. i can transfer to the same job in a new city. WILL I GET DENIED? CAN THEY NOT LET ME MOVE? we have a house, and property all ready to go, but i am meeting resistance... oh and as he was gaining custody he only wanted me to see them for a few hours on a saturday. why would he resist it so much? i have a lot on my plate.

thanks in advance.



- - - Updated - - -



Let me also add, I get 8 nights a month, and also asked for some of holiday break and was refused. I was also refused any of thanksgiving break except which fell on my days. Thanks again

Relocation: Newly Non-Custodial Parent Wanting to Move Over 100 Miles

Fences and Walls: Developers Next Door About to Take Down My Fence on My Property

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



I own and live on a small farm in Florida where we keep horses. Developers have bought the adjacent land and are in the process of clearing and grading. Today by chance I came home early and found a group of workers walking in my pasture. I walked out to find out what they were doing, and they informed me they were about to remove about 1,000 feet of my three board wood fence.

They claim that their survey shows a part of my fence is on the land they bought, but they will be taking out the entire fence line. The discrepancy between the new survey line and the fence is literally inches.

Fence has been there for over thirty years. I paid for it originally and previous neighbor and I shared maintenance of the fence.

Told them to leave my property or I would call police.



Called the attorney for the developer. He told me they can and will remove the fence I "illegally" placed on their property. Warned him that if they took the fence down and horses got out onto road it would be their liability. Told him I will call police if they trespass. Attorney told me they would call police to be there when they take the fence down "in case there is any problem".

What is the immediate action to prevent them taking out the fence? And what recourse if they take it down when I am not there?

Fences and Walls: Developers Next Door About to Take Down My Fence on My Property

Retailers: Is It Abandoned Property, Yet

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



Brief synopsis: Customer made purchase from online shop. Item was damaged by shipper. Item was returned to me by shipping company. Customer has not responded to my requests for information related to discussions about damage claim with shipper. Customer has not responded to requests to have item picked up. Customer has not responded to email notice regarding deadline to pickup item.



When is this item considered abandoned?



Thanks in advance.

Retailers: Is It Abandoned Property, Yet

Sales Agreements: Dealer Takes Possession of Lease in Trade-in but Does Not Pay Lease

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



I leased a vehicle from a large car dealership in 2012. No problems or issues. As we neared the end of the lease (7-8 payments left) the dealership began contacting me with an offer to take my old car and "put me in a brand new one". I eventually decided to go and see what they had to offer. I was instructed to bring my current leased vehicle in so they could inspect it.



After some discussion I agreed to leasing a new vehicle. The dealership agreed to payoff the lease and take the old car. I really did not expect to execute on a deal that evening but as instructed I turned over the keys, called my insurance broker to have the old car removed and the new one added, signed the contracts, was handed my old plates and left in the new vehicle.



The problem started a few weeks later when I received a check in the mail for the remaining payments. My understanding, and from past experience, was that they would take care of the final disposition of the old vehicle and that I no longer had any legal responsibility for it (that's why I took it off of my insurance). Calling the bank I came to find out that a) I was still legally responsible for the vehicle. b) I should never have taken it off of the insurance, c) the vehicle was supposed to be returned to the bank to be inspected and d) I was responsible for a $428.00 disposition fee AND any adjustments they deem necessary based on condition and mileage. When I contacted the car dealer they stated that they only agreed to the lease payments and that any additional charges were on me.



The dealer I worked with certainly implied that once I hand them the keys I was done. I believe I was intentionally mislead and was definitely not told that I was still responsible for the vehicle that I would no longer be in possession of. Why in the world would I take it off of insurance and leave it with them had I known?



My questions are: What legal recourse do I have if the dealership refuses to comply with what, IMO, is the "spirit" of the agreement? What happens if the bank determines that there are excessive use charges? The vehicle was returned in good shape and below mileage but now that it has not been in my possession for several weeks I don't know what could happen.

Sales Agreements: Dealer Takes Possession of Lease in Trade-in but Does Not Pay Lease

Custody and Visitation Issues: Seeking Change of Custody of State

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



I currently live in Pennsylvania. Our case originated in California My ex and son live in California. we split all custody 50/50, no child support ever from either...all 50/50. However, my son is struggling big time and I want go after Full Physical and Full Legal with me in Pennsylvania. My son is 13 and does want to come live with me and he fights his mother about it everyday. Do I have to file new orders in the same California court or can I do something from PA? How is the out of state process work? Will I have to keep flying back and forth to Cali?



Any knowledgeable input would be great. Thank you

Custody and Visitation Issues: Seeking Change of Custody of State

Spousal Support and Alimony: Register Divorce in Nevada

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



Divorce was finalized in California after returning from a deployment . Ex and children are now residing in Nevada and I am resident in Virgnia. My question is if I need to modify alimony and child support which states should I file? I was told by California Child Support that they don't have the jurisdiction since my children and ex are no longer resindents in California.



Thank you in advance.



Retired Soldier

Spousal Support and Alimony: Register Divorce in Nevada

Loan Agreements: Consolidate Student Loans

My wife and I are both currently in undergrad school. We both have student loans. She graduates in about a year, I have 2 more years and then I plan on attending pharmacy school. My question may cause some people to disagree with our decision, but I ask for what options we have, not for your advice on our plans.



We want to start having kids, and my wife wants to stay home once we do. Of course, because she will graduate, we would have to stay paying back her loan. I'm only able to work part-time because of school, so I'm not sure if I would be able to provide for our family while making payments on her loan. Would she be able to defer payments if she is not employed and I am still in school? Or would we be able to consolidate our loans?

Loan Agreements: Consolidate Student Loans

Juvenile Court: Minor Getting Married in South Carolina with Fathers Permission

My question involves juvenile law in the State of: South Carolina



Me and my girlfriend want to get married but she is currently in the custody of a family member that is not her parents and they will not let us marry. We have spoken to her farther and he said he would be willing to consent to us getting married. The only issue is he gave up all parental rights to his daughter years ago. So my question is will his sworn affidavit allow us to get married?



This is what the law says about minors permission to get married:

SECTION 20-1-250. Applicants under age of consent; consent of relative or guardian.



A marriage license must not be issued when either applicant is under the age of sixteen. When either applicant is between the ages of sixteen to eighteen and that applicant resides with father, mother, other relative, or guardian, the probate judge or other officer authorized to issue marriage licenses shall not issue a license for the marriage until furnished with a sworn affidavit signed by the father, mother, other relative, or guardian giving consent to the marriage.



HISTORY: 1962 Code Section 20-24; 1952 Code Section 20-24; 1942 Code Section 8558; 1932 Code Section 8558; Civ. C. '22 Section 5524; Civ. C. '12 Section 3745; 1911 (27) 131; 1912 (27) 613; 1913 (28) 76; 1915 (29) 216, 220; 1916 (29) 751; 1917 (30) 113, 127, 129; 1918 (30) 698; 1919 (31) 67, 112, 211, 245; 1920 (31) 736, 738, 1065; 1921 (32) 107, 152; 1922 (32) 781, 790; 1928 (35) 1205; 1931 (37) 12, 29, 122; 1933 (38) 148; 1934 (38) 1425; 1939 (41) 173, 179; 1946 (44) 1444; 1947 (45) 109, 234; 1948 (45) 1612; 1955 (49) 126; 1957 (50) 306; 2000 Act No. 397, Section 2, eff August 17, 2000.











Thanks in advance for your help!

Juvenile Court: Minor Getting Married in South Carolina with Fathers Permission

Sales Agreements: Sticky Registration Situation

My question involves a consumer law issue in the State of: Utah. I financed a car on 12/31 at a Utah dealership. I love in Utah, but hasn't learned that I needed to get a Utah driver's license, so I planned on registering the car in Idaho. I am a student, and realized that in order for me to get in-state tuition I needed to gain a Utah drivers license and register the car in Utah as well. Yesterday my wife and I got our drivers licenses, and took all the paperwork to the dmv. We were told that we had to go see the dealer in order to register the car. I plan on going there today, but I'd like to know what to expect - I have previously had some issues with this dealer and I want to make sure they don't charge me any unnecessary fees. I also believe that when I purchased the car, I paid Idaho sales tax, which complicates the matter further. Please help!

Sales Agreements: Sticky Registration Situation

Traffic Court Issues: Georgia Law - Suspended Registration

My question involves traffic court in the State of: Georgia. In Mar 2014 I was stopped and ticketed for driving with a suspended registration and no...



Traffic Court Issues: Georgia Law - Suspended Registration

Speeding Tickets: Should I Contest

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



I recently been cited for speeding while driving down Northbound I-5 heading towards the entrance for I-405 Southeast bound. The officer claimed that I was going 89 mph in 60 mph zone while I strongly believed that I was going 65 or 70 mph by the most with the flow of the traffic. And I do admit that I was going over the limit but not as much as the exaggerated claim. So now I am thinking about contesting the ticket but I'm not sure how I would approach the case since this is my first ticket. I also know that I have the option to request for a deferral so worst case scenario I will most likely go for it.

Any suggestion will be greatly appreciated!

Speeding Tickets: Should I Contest

Libel: School Councillor Sending Emails to Her Friends Parents

My question involves defamation in the state of: Colorado. My 14 year old daughter whom I Homeschool has had some issues with a couple girls being keyboard bullies. One of her friends is being targeted by the same two girls. My daughters friends parents went to the school to talk to a councillor. A couple days later the councillor emailed the parents of my daughters friend, and in the email told them that my daughter is a bad influence, and all she wants to do is beat up 7th graders. My daughter has never been in trouble, nor has she beat up any 7th graders, or any child in any grade. She is very upset about this, not only does she have to put up with these two girls calling her nasty names all the time, but now she has to listen to an adult who is in a position to know better spread lies about her also. I don't want money, but I do want an apology given to my daughter, in front of her friends parents. So any advice would be great.

Libel: School Councillor Sending Emails to Her Friends Parents

Workers Compensation Issues: Regaurding Workman's Comp Fraud

My question involves workers compensation law for the state of: Colorado



I worked at a job around 3 years ago.

Before that job I was unemployed for 1 year 4 months and was diagnosed Bi-Polar and prescribed 8 psychiatric pharmaceuticals arising from an ER visiting from an on the job harassment.

The job that I am talking about was a food service job that had a large grill with small wheels on it. Many other tasks that had repetitive motion and heavy lifting.

I asked my employer many times to get larger wheels on the grill because it was very heavy to move and the girls couldn't move it.

Over the years of the other stations and that grill I ended up taking a pain pill which I had an allergic reaction to and went to the ER.

I also filed workman's comp on my wrists.

I tried to file workman's comp for my lower spine but my General Manager said this is a serious matter and didn't give me the paperwork to file workman's comp on my lower back.

I ended up going to my father which he sends me to their Mormon Church Chiropractor that says its a skateboarding injury and not Workman's Comp and begins to treat me.

My lower back medical condition doesn't improve and the work environment doesn't change so I had to quit.

I later get fired from another job because I was losing too much time from work because I didn't have a doctors note to accommodate me to do the job duties.



My question is if what my Employer did to me was Workman's Comp Fraud and also if my Chiropractor treating me was also Workman's Comp Fraud.



For the full story it is posted in a different section on this website.



http://ift.tt/1ycxLNd

Workers Compensation Issues: Regaurding Workman's Comp Fraud

Disputing Debts: If a College Miscalculates Tuition Can they Bill You For the Balance

My question involves education law in the State of: Ohio



3rd year student - registered for spring classes in November. 3/4 time student. Tuition charges were added, and ultimately billed in January. Financial aid was paid to the school, covered tuition, and I received a small refund of the balance.



2 weeks later, I get a bill showing I owe a significant amount (~20% more). The charges are very mixed up (several instances of additional fees being added, then subtracted. Same with tuition) I spent quite a bit of time trying to figure out the math, and it looks like they did not charge the right amount of tuition prior to payment of my January bill. I registered for the semester's classes as early as possible, and I only registered one time. I did not change, add, or drop any classes. It should have been a straightforward bill on their part.



But there is no way I would have known that my tuition was incorrectly charged, and it seems wrong for them to settle my bill, and then come back and charge more. As always, my tuition bill came, my financial aid covered it, and I used the remainder to purchase books. Do I have any legal basis for challenging the extra tuition and fees 3 weeks into the semester?

Disputing Debts: If a College Miscalculates Tuition Can they Bill You For the Balance

Discrimination: Regaurding Discrimination in the Work Place, Medical Issues

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



Awhile back at a job I had my car vandalized that later broke down, harassed and assaulted on the job that felt like sexual harassment treating me as if I had committed a crime against a female coworker.

Later that night I ended up going to the emergency room with a massive panic attack a flew of really bad symptoms such as all my adrenaline being released, I couldn't feel my body from numb and tingling feelings, extremely high heart rate and being in the ER for 4 hours. The visit and ambulance ride cost around $2600.

I ended up asking my father for help which he paid for the $2600 bill after insurance paid a portion.

2 weeks later I ended up in a Psychiatrist office which 2 weeks later after that I was diagnosed Bi-Polar and given an anti-psychotic, over the next year I was prescribed 7 more pharmaceuticals. I was unemployed for 1 year and 4 months. I was not on disability for my Bi-Polar or side effects from the pharmaceuticals.

I later then get a job because I had no where else to turn. I worked at that job for 2 years.

Near the end of that 2 year I had another ER visit from a toxic reaction to a pain pill.

I also visited workman's comp for my wrists, a chiropractor, and an invasive stomach procedure, an ESG.

That employer didn't want to change their business and my medical conditions were getting worse so I had to quit.

I ended up going to another job after my parents kicked me out without 30 days notice or an eviction (2nd wrongful eviction by my parents). That job discriminated against me and would not accommodate me because I didn't have a doctors note and so I had to work un-accomadated until my injuries made me lose time from work and they fired over those absences that I incurred.



Basically my question is if what I had happen to me was discrimination, if not that why am I not getting medical treatment and doctor accommodations for employers.



For the full story with all the details its on a different part of this forum.



http://ift.tt/1ycxLNd

Discrimination: Regaurding Discrimination in the Work Place, Medical Issues

Court Proceedings: Does My Boyfriend Have Any Rights to His "Son"

My question involves paternity law for the State of: Fl. My boyfriend of a year has a 4yr old child with another woman out of wedlock. Their relationship ended when she cheated on him for several years and he finally left her. I came along right after. According to what I've seen and heard the child's mother hid her pregnancy from him and didn't let him know he had a child until shortly after the child was born. She left his name off the certificate and gave the child her last name.

When she found out about me she proceeded to try to emotionally blackmail him into being with her. She stated to him on several occasions that not being with her meant he was abandoning his child. She's continued to defame him on social media, and state publicly that he is a nonexistent parent, even though he takes care of their son 5 days a week while she's at work. The child also spends the night when my bf isn't working his usual night shift.

He had continued to pay half the rent ($500) for their apartment after moving out. She eventually came into a situation where she couldn't afford her half and had to find another apartment. She kept the money he had given her that month. By this time their interactions had disintegrated into almost nothing except child exchanges. She found a place to live and at no point had a discussion with him about the finances of her new living arrangements. But when it came to the time she had to pay rent she asked him for rent money. He has refused to pay her rent considering there was no previous agreement regarding the new apartment. She has, for several months continued to demand money. She's continued to leave their child with him the majority of the week as I mentioned. Since she has not gotten things as she demands them to be, she is now moving out of state and taking the child with her.

My worry is that she will continue to make demands, and blackmail him into feeling guilty for not being around their child. No legal action or DNA testing has ever taken place.

1 What rights does he have to be in his child's life?

2 What can he do legally to keep her from trying to emotionally blackmail him? And posing a threat to the mental and emotional stability of the child?

Court Proceedings: Does My Boyfriend Have Any Rights to His "Son"

Support Arrears: Are There Exceptions to Passport Suspension for Military Spouses

My question involves child support in the State of: Ohio



Hello,



I have a few questions. 1. Are there any passport exceptions for child support arrearages if you are married to a service member, and that service member is stationed overseas are there any exceptions that the state of WA may grant so that the non-custodial parent may accompany their spouse overseas?



2. Is there a statute of limitations for the state of Washington? If so, how many years after the child turns 18 does it start?

3. If there is a statute of limitations, does the NCP have to file any paperwork for it, or does it happen automatically?



Thank you for any assistance in this matter.

Support Arrears: Are There Exceptions to Passport Suspension for Military Spouses

Support Arrears: Statute of Limitations and Exceptions for Support Arrears

My questions involves child support in the State of: Washington



Hello,



I have a few questions. 1. Are there any passport exceptions for child support arrearages if you are married to a service member, and that service member is stationed overseas are there any exceptions that the state of WA may grant so that the non-custodial parent may accompany their spouse overseas?



2. Is there a statute of limitations for the state of Washington? If so, how many years after the child turns 18 does it start?

3. If there is a statute of limitations, does the NCP have to file any paperwork for it, or does it happen automatically?



Thank you for any assistance in this matter.

Support Arrears: Statute of Limitations and Exceptions for Support Arrears

Sentencing: Shoplifting at Your Employer

My question involves criminal law for the state of: Texas



So, at my employer (staples) LP came to do an investigation and they are going to charge an ex-supervisor of mine for theft. I have stolen twice before (I know, so stupid. I wish I never would've done it), his case is similar to mine. His is more extreme, he stole laptops and tablets and shipped them to his home through our ups. I have shipped something before but it was probably about $200 of merchandise. (A ninja blender and a mophie phone charger). They are barely investigating him, but I had absolutely no idea about this. Our stories are not tied in any way. What should I do? I don't want them to investigate me, should I just quit? And if I quit, and they do investigate can they still charge me? Please help me! I need some advice. My general manager has no idea and she just told me today that he was doing it for a while, but it's high ticket merchandise. If I quit now, can they still charge me if they don't investigate? Help!

Sentencing: Shoplifting at Your Employer

Fences and Walls: Wall Not on My Property

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



Both my home and my neighbors home were built in the 1930s. My home has a large sloped front yard with a long retaining wall at the front of it. That stone wall is clearly indicated on a survey of the property as being mine. When my neighbors house was built, instead of a front yard, they built the house closer to the street and included a small parking pad on the side against my property. A retaining wall was built up against the dirt to my front yard and against my stone wall.in recent years the wall on my neighbors property has begun to lean and a few days ago some of it crumbled. This home is a rental and out of the blue I have a lawyer at my door with letter saying that it is my responsibility because my dirt pushed the wall. He kept wanting to pick a fight...very nasty man...and he provided me with no proof that the wall was on my property.



I have a survey that shows my property ending at the end of my stone wall. The neighbors wall was original to the house being built. What are my rights here?



I was thinking of offering to pay a portion of the repair but I don't feel I am responsible for the entire thing or even half.



Any advice would really be appreciated.

Fences and Walls: Wall Not on My Property

Compensation and Overtime: Conversion from Hourly Wage to Annual Salary

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



I had a meeting with my employer, in which I asked for a significant increase in my wages. The employer agreed, but wanted to wait about 1 1/2 months to work out the budget and new job description/duties. I agreed.



I have been told to expect a proposal next week. Thus far, I know the employer wants to switch me from hourly wage to annual salary. I have always been paid hourly, so I am not that familiar with the pros/cons between the two. It is my understanding that I will want to ask my employer to continue paying my federal and social security taxes, or make arrangements to pay these taxes quarterly. I am thinking I also want to make sure I am paid monthly, but I am not sure if there is a downside to being paid bi-weekly as I am now.



So my questions are, what types of things do I want to make sure are in this contract, and what things do I absolutely want to avoid? I was told instead of getting a w-2, I will be getting a 1099 and will essentially be a self employed/contracted employee, is that correct? I understand that I should keep track of business related expenses for tax purposes, any other advice on what I should know as a 1099 employee?



Thank you!

Compensation and Overtime: Conversion from Hourly Wage to Annual Salary

Job Benefits Per Diem Employee Forced to Go Full-Time

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



I am a nurse that works 2 jobs, a full-time position at a hospital and a per diem position at an ambulance company. My question is regarding my ambulance job, which I have worked for over 3 years as a per diem employee:



I work two 24 hour shifts per week and every once in a while, I work one day week. This works well for me as I have a full time job that provides benefits for my family. The company states that I must sign paperwork to become a full-time employee, as the current arrangement violates 'the new law' limiting hours on per diem employees to 24 hours per week. If I do not sign up as a full-time employee, I will have my weekly hours capped at 24 (one shift). This will seriously impact my financial situation to do that, but I cannot commit to 48 every week, as I need to have the freedom to reduce hours every few weeks for family, scheduling conflicts, etc. If full time, I do not want to be disciplined for not scheduling enough days. The HR employees I have spoken with cannot tell me which law dictates the change, or even if it is state or federal.



I am concerned that they are misinterpreting the law, as I know many nurses that work per diem as much or more that I do for other companies and have not been affected. I have a great relationship with my employer so far and I do not want to jeopardize that, but I also do not want to have two full-time jobs.



Is there such a cap on the amount of hours a per diem employee can work, and if so, where can I find it? Any advice on how to proceed?

Job Benefits Per Diem Employee Forced to Go Full-Time

Use and Enforcement: Claiming Prescriptive Easements

My question involves an easement in the state of:Pennsylvania

I have been renting a section of a building for about 13 years out of which I have run my small business during that time.

My landlord has owned the building for approx. 30 years and has run his small business out of it during that time as well.

Now this building is long and narrow, with only about 50ft of frontage on a public street. There is however a driveway running along and extending beyond the length of the building on one side. The building is approximately 60 years old, and it is quite obvious that it was built with access to this driveway in mind. I.E. there are two over head doors and loading docks, and 3 walk in doors facing this driveway.

The problem is, that the drive way is actually part of a neighboring property on the opposite side of my building; so my building is situated in the center of a U shaped parcel owned by another party.

Said drive way has been actively used by numerous parties in my building over the last 60 years, as well as the actual driveway owner and another neighboring entity.

Access has never been challenged, but has never been well defined either; until recently.

The neighbor that actually owns the driveway signed an easement with another neighbor that uses it considerably more than anyone else.

This grants that neighbor unrestricted use with certain provisions, but says nothing about acknowledging the right of access for my building.

Since I am interested in purchasing this building, I want to know that I have at least a certain amount of legal right to access it via the driveway in question.

In approaching the owner of the driveway, I respectfully asked for some form of written acknowledgement to my right to access in light of all the years of continued use.

He informed me that his brother, a real estate lawyer ,advised that access does not have to be granted on the grounds that my building is not landlocked by virtue of the 50ft of street frontage,therefore any access can be made through the front door.

He further stated that he doesn't have a problem with me or my landlord using the driveway, but he will not create any documentation to that effect which he termed to be "unenforceable". Whatever that meant.

When questioned as to whether my or my landlord's access could be denied for any reason at any time as he saw fit, he answered in the affirmative.

My argument for a prescriptive easement is based on two points: that the building was clearly constructed with use of the driveway for accessibility via the side loading docks and doors. And that said building has been occupied continuously for 60 years and the occupants have been using the driveway in varying degrees since that time without ever having any written permission to do so.

Would this situation qualify as a "prescriptive easement" ?

If so, how would I go about enacting such a thing ????

Thanks for in advance for advice forthccoming

Use and Enforcement: Claiming Prescriptive Easements

Traffic Court Issues: Daughter Driving My Car with Expired Registration / How to Handle

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



My daughter was pulled over and cited for driving my vehicle with an expired registration per RCW46.16A.030.5O (expired registration >2 months).



First off, yes, she was indeed driving the car with expired tabs. She called me and I went on-line and registered the car before she even returned home. This car is her car to drive (at college), although it is registered in my name. I just let the registration lapse inadvertently. I was surprised to see the NOI list this as a "traffic" infraction, but it is what it is.



Since it is "traffic", and will go on her "record" (she is 20, and I'd like to help keep her driving record clean for insurance reasons), I'd like to hear if anyone can give advice how to handle this NOI. I'm inclined to contest this NOI and take it to court. I'd go with her and explain the lapse was thru no fault of hers, provide the renewed registration to the court.



Is there any chance of getting this traffic infraction changed as a non-traffic charge in King County District Court (ie cell phone or similar) if I contest the NOI? Is there any chance of it being dismissed? The ticket was $216, so it isn't the money really (although the renewal was <$90) the issue, the "traffic" record is on my daughters record. I feel responsible to help resolve this.



Before anyone says it, yes, she should have checked the tabs during the >2 months expired. As the car was mine, does this help in court that the fault was with me (the owner)



Any help appreciated.



I have not had her respond to the NOI yet, so she has not committed to contesting/admitting guilt yet.

Traffic Court Issues: Daughter Driving My Car with Expired Registration / How to Handle

Collection Lawsuits: Wi Medical Bill Collection Agency Sent 2 Lawyer for Lawsuit Want to Stay Out of Court

My question involves collection proceedings in the State of: Wisconsin. I have a medical bill for $7000 that I was repaying at $200 per month with an HSA card. Last month in Dec. there was a problem with the HSA card and the payment was missed. The collection agency called to find out what happened and my wife, who holds the insurance, forgot to call and find out what happened as she is ill, with an undiagnosed autoimmune disease and in and out of doctors offices. We just received a letter from a lawyer saying it is going to court for lawsuit and contacting the credit service and lawyer are getting me nowhere. They say PAYMENT IN FULL or nothing missed a payment going to court. They also hold 3 or 4 for more thousand from other medical bills but are not suing for those yet. I have several thousand with other agencies as well. I want to keep this out of court. My bank account is almost at zero. I will repay the debt but don't want a judgement. Am I looking at bankruptcy as all these mature and credit agencies just start suing? what are my options? 2013 we had $35K insurance would not cover, 2014 $25K insurance would not cover, this year will be likewise.

Collection Lawsuits: Wi Medical Bill Collection Agency Sent 2 Lawyer for Lawsuit Want to Stay Out of Court

Evidence: Can I Subpeona Match.com for Information

My question involves court procedures for the state of: California



I, now, know for a fact that my ex-girlfriend created a fake profile on Match.com with fake picture to lead me to believe she was someone else for some kind of revenge or satisfaction for her ego to get back at me for a bad break up. After two weeks of emailing me and keeping me occupied, her emails became very Rude and very condescending about my "looks" and the reason I was really alone a and on a dating website. After many repeated unwanted emails, I finally emailed customer care and they told me they would email her to stop. They have since stopped but because of privacy policies Match.com won't release the real information associated with this fake account. I was told that it is extremely easy to have a lawyer or law enforcement issue a subpoena for Match.com to release this information so I can prove it it was in fact her the whole time behind the harassment and internet fraud portraying to be someone else. Although she did not threaten my life or threaten to hurt me, do I have reason to to request a subpoena and serve it for the release of information? If anything this whole ordeal has made me extremely upset by her deceit and wanting to know the truth. Just don't know if my reasoning is enough for an investigation.

Evidence: Can I Subpeona Match.com for Information

Contractors and Subcontractors: Subcontractor Placed (What I Think is an Invalid) Lien on My Property

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



I purchase a home in 2008 and immediately had a pool built. I financed the pool as part of the original mortgage. Towards the end of construction I made a change order to have the pool coating changed. The prime contractor took a check for the whole amount of the change, claiming the subcontractor would not do the work without payment in full. The subcontractor did show up and do the work as expected. Immediately thereafter the prime contractor went out of business.



I will admit to being a little naive at the time - I did not know about the TX requirements on withholding 10% of the payments and I should have been more suspicious of the contractor's motives requiring payment in full but that is water under the bridge now. I was relatively lucky as I only had to finish off the landscaping and other small stuff despite the builder going out of business!



Anyway, the work performed by the subcontractor was completed in early November 2008. A few days later (November 15, 2008) I received a letter from the subcontractor by certified mail demanding payment pursuant to 53.083 of the Texas Property Code. We continued to pursue the prime contractor to pay the sub but were unsuccessful. On March 19, 2009 we received a letter from an attorney demanding payment in full and also stating that unless we disputed this they would assume the debt was valid. We responded in writing that we did not think the debt was invalid.



We never received any more paperwork of any form from any of the parties (prime contractor, subcontractor or their legal firm).



Now when I search the county property records I see that there is a "Homestead Affidavit Claiming a Lien" on my property. The line below that title states "Affidavit Claiming Mechanics' and Materialmen's Lien". This was filed in December 2008.



What are my options at this point - I would like to sell the property this year and this is obviously a problem. I thought I'd seen somewhere that a mechanic's lien expires after 2 years and a constitutional lien expires after 4 years. Is there a process to remove them?



Many thanks for anyone's patience in getting to this point and for any help you can offer!



UKMatt

Contractors and Subcontractors: Subcontractor Placed (What I Think is an Invalid) Lien on My Property

Title Records: How to Get a Title for a Mobile Home

My question involves real estate located in the State of: Virginia.





My husband purchased the mobile home that we live in from a guy over 10 years ago (before I knew him). There was no bill of sale or anything between them. It is located on a lot in a trailer park for which we pay rent to. He has been paying personal property every year on the mobile home as well. The gentleman was suppossed to provide the title to my husband when he purchased it, but he never did. A few years ago my husband located him on Facebook and they had made plans to meet so that he could give my husband the title but he never showed up. What can we do to get the title? We are looking to sell it in the near future and just want to have the title to provide to whoever purchases it from us. Any suggestions on what to do would be most helpful. Thank you.



Anna

Title Records: How to Get a Title for a Mobile Home

Speeding Tickets: Speeding Ticket After Toll in New Hampshire

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



Hello all, I just wanted more clarification on this.



So I was driving on Everett Turnpike and there's a toll right before it hits Manchester, NH. Before the toll, I was driving behind a state trooper so I was already wary of my driving speed and whatnot. As it hits the toll, I dropped my speed considerably low obviously but by this point I was ahead of him. I didn't speed in front of him, he just decided to drop his speed a lot earlier before the toll.



I drive past the toll a bit for about 2 min and then I got stopped by the same trooper saying I went 62 on a 35. I'm assuming the 35 is the stretch of highway right after the toll. I don't think I went this fast considering I knew he was behind me. But I probably did end up going up towards 60 maybe within my last 30 seconds of driving, which by that point I think the speed limit is 65. There were some exchange of words and he was being very aggressive without my not really saying anything. He asked for an explanation and he cut me off in the middle of it. I'm gonna say I maybe said 5 words in the entire ordeal. But I digress.



He takes my license and my registration, which I found out I have 2 different registrations in my car. And I gave him the wrong one in my state of fluster. But I did have the correct one. He comes back with a court order saying I have to appear and if not to reschedule. And he also said I had the wrong registration (I ended up finding the correct one in the same place as the wrong one). But he didn't ask for the correct one, and just went on his merry way.



On the court order, it said I was going 62 on a 35 and contrary to RSA 265.60. I don't know what that means but I'm trying to give all the info on it.



I'm just wondering why he didn't give me a ticket right away instead of a court order. And what are the chances that I could get this dismissed.



The last time I got a ticket was 3 years ago on an expired plate, which I didn't even know I had considering I was borrowing my dads car. And before that was back in 2010 not even for a traffic violation. Other than that, I feel my record is pretty clean, which could be why I got a court order instead of a ticket? I don't have any warrant for an arrest or anything. I just want more clarification on this. I don't mind paying the ticket I just don't want my points to go up.

Speeding Tickets: Speeding Ticket After Toll in New Hampshire

Retail Fraud / Shoplifting: Returning the Same Item but Different Color

I just bought a pair of black soccer shin guards online from Dicks sporting goods for $20. I have a pair of the same shin guards that are still new from big5 but are pink, it cost the same too. If I switch the pink shin guards with the black shin guards and return it at dicks, what are the chances that they will notice its not right color? On the packaging it does not indicate the color, however, it might on the receipt/packing slip. will they even read the color on the receipt/packing slip? What do you think will happen if I go through with this?

Retail Fraud / Shoplifting: Returning the Same Item but Different Color

Service and Repair: Am I Liable

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



I recently was asked to do a repair on a neighbor's car. I normally don't do mechanical work for anyone but family and friends, which is very seldom. I am not a licensed mechanic, but I am experienced and I work in my home garage. I was approached by the customer in September of 2014. He asked me if I could install a bumper,which he had purchased on his daughter’s 1991 Honda Accord LX. I agreed and inspected the car. After inspecting the vehicle, I noticed it was missing a few parts to complete the repair. I also noticed the valve cover gasket was leaking oil. I showed this to him and I quoted him a price of around $120. This included putting on the bumper, installing the valve cover gasket, and buying all the necessary parts. He agreed and I ordered the parts. After several weeks, the parts arrived and I called them up to deliver the car. While I was changing the valve cover gasket I noticed that the timing belt was severely cracked and worn. I showed this to his wife and her daughter and told them the timing belt was likely to fail soon. They then asked me if I could change it, since the daughter was going on a long trip in several days. Despite the fact I had other responsibilities, I agreed to do this as a favor. I quoted them $150 for parts and $150 for labor, which is hundreds of dollars less than a mechanic shop would’ve charged.

I then asked them if I could drive it to my friend's shop since I did not have an air compressor in my small one stall garage. They agreed to that also.

After driving the car a mile or two, it began to sputter and die and would not restart. I called my brother and we towed it back to my house. Fearing the worst I inspected the timing belt and verified it was loose. I showed them this before starting any repairs and told her that there is a chance the valves were bent due to the belt slipping. I also visually showed her the problem. I said there was a chance the valves weren't bent and I could try installing the new timing belt. She agreed that it was worth a try.

I had to borrow an air compressor from my brother to begin the task. I completed the repair after several days. Upon start up, the car did not run well. I assumed the valves were bent, because I am confident the timing belt was installed correctly. If I had installed the timing belt incorrectly, the car wouldn't have started at all. I told the wife and her daughter my suspicions. The daughter came over paid me and I told her I would look at it when I was back, as I was leaving town for a week.

About a week later, I got a threatening text saying I had destroyed her engine and she wanted a refund of $210. I tried to call her and she wouldn't respond. They also gave me no chance to repair the problem, which I would've gladly done. Now they're trying to sue me in small claims for almost $3,000. The car in question is maybe only worth $500-$800.



Any advice?

Service and Repair: Am I Liable

Division of Assets: Creative Ways to Settle This with an Ex Who Doesn't Want to Settle

My question involves a marriage in the state of:California



*Married a Narcissistic Sociopath in 2008



*He accumulated 80k in his 401k all during our marriage.



*In 2010, he convinced me to declare bankruptcy on cards that were in my name, but were community debt. So that he could buy us a house with his good credit, he said. I'm stupid. He's an Ass.



*Sociopath then racks up another 30k in cc debt that I didn't know about until the cards were maxed. When I found out, he said it was all my fault because I didn't make enough money. Again, ass. When I asked to see the statements, he refused.



*Without telling me, the Sociopath takes a loan against his 401k to pay of the 30k in credit card debt. He told me after the fact. Huge fight, but again he says its all my fault. Again, I'm stupid. He's an ass.



*Sociopath then racks up another 20k in cc debt. Again, without my knowledge and he has always refused to let me see statements.



Fast forward to now. I filed for divorce without an attorney because we agreed to be amicable (I'm stupid). The deal was looking like he was going to take the present credit card debt, and I was going to get half of the 401k minus the money owed on it plus about $1400 in spousal support for 3 years. I felt good about this. However things have gotten ugly and he is constantly playing games. Cutting the support (there is no court order) by half right before Christmas and without notice. Stuff like that. Threats of restraining orders whenever we get into the slightest argument. Stupid. He's an ass. So anyway...



I have retained a lawyer, but we're waiting for Sociopath to respond. His response is due in about a week. I understand the community property rules and that technically because that debt was acquired during the course of our marriage, I am on the hook for half of it. But I have questions that require some creative answers. There really is no money besides the 401k minus the debts, and I don't want to spend a ton of money fighting him. But I'm scared I may not have a choice.



1) I understand that if the debt accumulated was not used for the benefit of the community, I have a decent chance of being reimbursed. I feel very very confident that the cards are full of trips and strip clubs and hotel rooms with the various women he was sleeping with our whole marriage. But what is the cost benefit to this? Is it going to cost me that same amount of money to sift through and interrogate him about his debt?



2) isn't this some kind of breach of fiduciary duty as my husband? Do I have any legal recourse there?



3) He truly is Narcissistic Personality Disordered and he is more interested in destroying me financially and emotionally, than he is setting quickly and efficiently. I have refused any contact from him for 2 weeks, but yesterday took the bait. He called me and he is pissed I got an attorney and was threatening me over and over that he was going to "take me down". He said he doesn't care if he has to drag this out for 3 years. He'll spend all of his (our) money fighting me. Can he do this? Are there any laws in place to prevent it?



I am looking for some creative thoughts and ideas to negotiate this with him as best I can. Because I already have a bankruptcy, I am most concerned about taking on his debt. All of the cards are in his name only, but California don't care. What would you do? What would you relinquish and what would you fight for? All of the money and debt we have is listed above. With legal fees in mind, what are some things I can do or shouldn't do in order to get this done ASAP.



We own no property. He makes about $160,000 and I make about $55,000. When I married him, my business was doing 3 times better. Another pitfall of being married to a Narcissist. I need the spousal support right now too. I actually wish I could just tell him to take it and leave, but I can't.



What would you tell your mom, sister or best friend to do?

Division of Assets: Creative Ways to Settle This with an Ex Who Doesn't Want to Settle

Custody and Visitation Issues: Establishing a Visitation Schedule for a Parent Who Lives Only 4hours Away

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



- - - Updated - - -



Let me give you a little background:



The father and I met while in college and found out I was pregnant in August. Once September came around and he realized I was actually having a baby, he decided he didn't want anything to do with me or the child. He came to one of my doctor visits there after assuming I would not file for child support.



He knew about the day our child was to be born because I text messaged him. I gave him the address and room number to come and visit but he didn't show up. Instead he went to DJ a party that week that u was in the hospital.



His mother called me the day after I had given birth telling me it was my responsibility to put him on the birth certificate and they would do whatever they needed to do to change our sons last name to his fathers.



Despite the nonsense, a few weeks later his mother asked if her son and herself could come and visit our son. I of course said yes and we set a date for that saturday. (I have all communication between us through emails.)



That Saturday they did not show up again.



A month later I was served with papers saying the father wants all summer every summer visitation, all winter break and all spring break every year visitation with all these holidays. He also wants our son every weekend at the end of the month.



He also filed in the paper work that he wants to change our sons last and middle name.



He does not have a lawyer, but has the help of his mother who works in the courthouse in a county I don't reside in.



We have mediation coming up and I was trying to get suggestions on a parenting plan that might work for the both of us. He has never met his son before and he will be 9 months old. He has a battery charge on his record. When we were together he physically put his hands on me out of anger. He consistantly drinks whenever he has a chance. He has never taken care of a child and doesn't have an adequate living environment since he's still in college living with three other males in an apartment.



I don't want his son not to establish a relationship with him, I just want our son to be in a safe environment.

Custody and Visitation Issues: Establishing a Visitation Schedule for a Parent Who Lives Only 4hours Away

Modifying a Lease: Lease with an Addendum to a Mold Lease

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

I have a month-to-month lease.



My Rental Manager saw some dirt on my windows and stated that it was mold; he gave me some bleach to clean it and an a Mold and ventilation addendum to my lease that he wants me to sign; however, when I went to clean the windows, I use Windex and it came off immediately. I told him so; however, he wants me to sign the Mold & Ventilation lease anyway, plus bring a plumber to do a pipe inspection.



Questions and Options?

1 Do I have rights, choices about singing the addendum lease?

2 Do all the tenants have to sign one, or is a preference of the Landlord who should get and sign one?

3 Any potential problems signing a Mold and Ventilation lease, or is a somewhat standard process?

4 Can I be evicted if I refuse to sign the addendum to the lease?



Thanks,

Modifying a Lease: Lease with an Addendum to a Mold Lease

Trade-Ins: Getting Scammed by an I. Dealership on Lease

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



I returned my leased car to an I. dealership, a little more than a month before maturity. I bought a new car from a H. dealership and they paid the remaining payments and also disposition.

All payments were made and confirmed. I also got the pre-inspection of the vehicle done.



Today I received a certified letter in the mail saying that the I. dealership will sell the vehicle and we would be responsible to pay for an amount if the car sells for less than the residual.



What would I have to do in a situation like this? Should I hire a lawyer or go to small claims?

Trade-Ins: Getting Scammed by an I. Dealership on Lease

Speeding Tickets: Can I Fight a Speeding Ticket

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

I was ticketed for driving with 17 MPH above 25 speed limit in Henderson. The ticket says Violation # 484B.600 NOC 53851.

I checked http://ift.tt/1zEq748 and there under NRS 484B.600 for Speed in Excess of Posted - 11-20 Over, the Code is 53853. Is this a ground to fight the ticket?

Speeding Tickets: Can I Fight a Speeding Ticket

Disputing Debts: Lender Sold Student Loan to Collections Found Out Loan Not in Default

My question involves collection proceedings in the State of: NY I have spent all day calling every US education department even US education default resolution dept I signed into my government student loan website checked credit report checked county clerk NO DEFAULTS found. So I have Navient who sold my loan HESC who purchased my loan they are the only ones that can fix but refuse to each tell me other is responsible I have approx 50 days to clear up I need advice where to turn. Tomorrow I will try an obudsman fill out some papers on these companies to US fraud beau I'm at my end this is not right any advice would be appreciated I posted before and was spoken to nicely I'm

Just looking for advice like e wry one else thank u

Disputing Debts: Lender Sold Student Loan to Collections Found Out Loan Not in Default