Support Arrears: Arrears for Adult Children

dimanche 19 avril 2015

My question involves child support in the State of: Florida. I have 17000 in arrears. All my kids are adults and no child support is being taken for them. I understand that I am responsible for the remaining arrears. I have received a letter saying that I have to appear in court for contempt. I lost my job and just didn't have the money to pay. However, I am working again as a cab driver and am will pay what I owe. I just need a little time to get some money up. Will the courts work with me to pay this off? Will I go to jail? What are my options?





Support Arrears: Arrears for Adult Children

Traffic Accidents: At Fault Bus Driver, I Am Victim

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

I was in my truck and a school bus with kids in it ran a red light and damaged my truck. The truck was towed away. The police report wasn't ready for 5 days. The police report says that the driver of the bus was issued a ticket but it wasn't given at the scene it was mailed to him. The other witness at the scene said the drivers head was down and the cop wrote it up that way but they didn't give him a ticket at the scene for it nor did they give him a ticket for careless driving. which i felt they should have. I feel they didn't do it because he was our townships bus driver and they knew if they did give him one right then, then he would have to be tested. But non of this makes to me. I am victim, I can't even sue him due to the whole he's a bus driver and there are laws.

The school is saying that they didn't know at the time the driver was issued a ticket and the driver is back to work because he has a clean record.

The ticket is for failure to obey a traffic device(Red light) and now I am subpoenaed as a witness for the prosecutors office.



My question is, when I go to court will they speak with me regarding his ticket. or did he just plead not guilty so he can see the prosecutor and ask for a lower charge and he'll pay a higher price fee? this man should not be driving, I fear for our kids. I just dont know what to do.





Traffic Accidents: At Fault Bus Driver, I Am Victim

Retail Fraud / Shoplifting: 20 Year with No Previous Record.

I got caught stealing $213 worth of stupid things from Meijer's. Just dumb and not thing but I have no type of record and they let me go that day. But I signed a paper saying I did and I realized after that I shouldn't have. I don't want to tell my parents because im just getting back good with them and don't want to ruin it. They said they will be prosecuting me and will send me something in the mail. They also gave me a paper to call and number and set up for payments. I'm currently paying for a car and a other bills so idk how I'm going to do this. What I'm really wondering is what do I do now? I don't want to tell my mother, I want to solve this myself. Do you think I will have it on my records because I've never done anything before? What should I do about a lawyer? Any advice I would really appreciate!





Retail Fraud / Shoplifting: 20 Year with No Previous Record.

Use and Enforcement: Easements

My question involves an easement in the state of:PA

I have a injunction hearing filed by Mr. X wanting the use of my driveway the hearing isn't until the end of May. by filing a injunction can he just start using the road before a judge hears the case. Or is he trespassing by driving on it. This stems from a old problem when he thought my driveway was his ROW he now knows its not hence the filing of injunction to use my driveway to get to his cabin until his new road is built. Thanks





Use and Enforcement: Easements

Land Use and Zoning: Private Shooting Range in a Residential Area

I live in Illinois, along a county road populated with homes (it's about two and a half miles from the city limits). A neighbor uses his back yard and business to invite friends over for target practice. We hear gunshots for much of the day, and sometimes well after dark. Once, a neighbor actually heard a stray bullet whizz by him, and it struck an outbuilding. Police have been contacted and spoken with, as has the neighbor, but they won't do anything, and tell us they can't. Is there something we can do to stop this?





Land Use and Zoning: Private Shooting Range in a Residential Area

Guardianship: 18 Year Old Getting Custody of 15 Year Old Sister

My question involves guardianship in the State of: Tennessee

So this for a story I'm writing. The MC and her sister have been left about six months ago by their parents. The MC is 17 and her sister 15. The MC has been hiding the fact their parents left them, and attempting to take care of her sister, which she has done to some success(paying the mortgage and water, but not the electricity, buying as much food as they can afford which is enough but could better). Eventually child welfare finds them, and obviously the MC wants to get custody of her sister once she turns 18 which she will be soon. My question is how likely would be? She has a job, and obviously would have to get an apartment. I'm guessing her hiding their situation for so long would be against her in the courts, in terms of maturity. She is also beginning to exhibit signs of the severe stress she has been under. My guess is if so, it wouldn't be for awhile until she had taken care of herself more.

Thanks!





Guardianship: 18 Year Old Getting Custody of 15 Year Old Sister

Breaking a Lease: Lack of Both Signatures Voids Lease or Renewal

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





Does the landlord have to have sent me a copy of the initial lease, with her signature on it, in order for that initial lease document to be valid?



Does she have to have her signature at all on the renewal document, as well, or is only my signature needed? (regardless of whether she sent me a copy)

Or is it void, with me consequently participating in "periodic" tenancy?





Breaking a Lease: Lack of Both Signatures Voids Lease or Renewal

Ticket Errors: Does an Officer Have to Specify a Statute's Subsection on a Ticket

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



I received a Florida Uniform Traffic Citation for not wearing a seat belt.



The officer wrote 316.614 in the "in violation of state statute" box.



Is this enough information or should it have read 316.614b?



Would this allow the ticket to be dismissed if I take it to court?



thank you to anyone who can help.





Ticket Errors: Does an Officer Have to Specify a Statute's Subsection on a Ticket

Warranties: Engine Failure Due to Lack of Oil

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



In 2012 my 2008 Honda civic with the r18 4-cyl engine blew up due to lack of oil. It had around 70-80k miles at the time and was under and extended hondacare warranty. Unfortunately, I was young and dumb and did not keep all my service records for doing my own oil changes etc. So, that was a negative against me.



That said it was not my fault I took great care of that car and they said it was bone dry in the crank. That's insane to say I didn't change my oil enough that it ran bone dry. Anyway, I started looking around and noticed in 2013 a class action lawsuit was filed against Honda for this very issue. Albeit, it was on their v6 engines, but the complaints about the 4-cyl models are out there too.



I ended up having the engine repaired at the dealer for around 5k if I recall correctly and traded it on a new car because I no longer trusted it. Hondacare flat out refused me saying I failed to maintain the vehicle.



Have I missed my window of opportunity to open a lawsuit? Would it be worth my time and money to pursue this issue? If my chances aren't good I'll just let it go, but man that burns me up that they took me like that. The service manager at the dealer even stated that my engine looked brand new inside !





Warranties: Engine Failure Due to Lack of Oil

Eviction Notices: No Lease Eviction

My question involves an eviction in the state of: Colorado. I have been living in a rental for nine years. Never had a lease, only verbal. Landlords decide to put rental under a prop management company. Go in to sign lease, they don't have it ready. Make apt, have to cancel because of flu. Am I still under the verbal lease of nine years? I ask because prop management puts 3 day notice on door after the 3rd of month. Verbal lease was always rent before the 15th. Is this going to get thrown out of court because I don't have a lease signed with prop management? Also, if I pay rent before court date, is eviction process stopped? I have rent, tried to pay landflord and she refused, said I had to go through prop manag. Is that true? Prop management hours are not open when I get out of work, don't want to give cash without a receipt. They posted eviction papers on the 17th with court date on the 28th, Prop manag lawyersfrom out of town. Are my landords going to be present to testify that there is no ease and we have aways been verbal that rent was due before 15th? She cant lie under oath about our verbal agreement, but what happens if shes not there? Thanks





Eviction Notices: No Lease Eviction

Purchase Contracts: Selling Land to 2-3 People Simultaneously

How to identity if the land which is being sold to me has already been sold to 2-3 people, which means a single piece of land is sold to 2-3 people. HOw can this be identitified ??





Purchase Contracts: Selling Land to 2-3 People Simultaneously

Driver's License Issues: Learner's Permit from One State to Driver's License of Another State

I am 25, I did not take Driver's Ed in high school and only learned how to drive when I was 22. I took the written test, the 5 hour class, the required by NY state Law amount of hours in a driving school, I received an NY State Learner's Permit and I took a road test once, in NYC. I failed it. I scheduled another test, but before it could happen, I moved to New Orleans.

SO, I have a Learners Permit. I want to get a Louisiana Drivers License. There is no information on this on their website, nor can I reach them. Does anyone know what the protocol with this is? Do I need to redo everything?? Start from zero?



ALso, NY State Law states on their website that I can drive on a learners permit with another person (as long as they have a valid license) but it doesnt say specifically in NY State. I assume that doesnt apply for anywhere else?



Thanks





Driver's License Issues: Learner's Permit from One State to Driver's License of Another State

Medical Issues: Maybe Fired for Doctor Appointment

samedi 18 avril 2015

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



I'm very concerned I could lose my job. A few days ago I asked my boss for next Tuesday off for a dr appointment. I have vacation days available. He asked "what for?" I told him I need help with depression and alcoholism. I now realize i shouldn't have told him that. Near the end of the day he asked me to clock out and come to his office. Then he told me I had to call a phone number he gave me and make an appointment with an assessor, who will decide if I'm capable of doing my job since I admitted to having those problems. He used the phrase "self-admitted". I've worked there 14 years and passed every random drug test. Have had nothing but good evaluations and raises. I'm not even sure I have depression, but I suspect I might. I drink too much but mostly on weekends.



Now I'm afraid I'll lose my job because i told the truth. so I have an appointment for Monday to see the assessor but I have no idea what to expect or if they have already decided to fire me. I can't go back to work without this person's say-so.



Are they allowed to do this just because I have a dr appointment?





Medical Issues: Maybe Fired for Doctor Appointment

Eviction Notices: What is the Name of Your State (Only U.S. Law) Il Can Someone Tell Me What This Mean

My question involves an eviction in the state of: IL



Can someone tell me what this means? I'm a Real Estate broker in IL and have a client who's case says this online and I suspect it's an alternative to them being served for eviction in person??



POSTING/PUBLICATION NOTICE ISSUED AND RETURNABLE



Thanks in advance





Eviction Notices: What is the Name of Your State (Only U.S. Law) Il Can Someone Tell Me What This Mean

Defamation: Ambitious Staff Member Slanders Another to Force Him to Leave

My question involves defamation in the state of: California, where defamation law states it covers communication that "tends to directly injure" someone "in respect to his office, profession," etc., by imputing "general disqualification" or imputing something that reduces "profits." Also, it's defamation to accuse someone of a crime. Actual damage must result.



Small, rural community has a combined elementary and middle school. 58 students attend. Given size, there are only four teachers. Three of the teachers handle multigrade classrooms. One teacher does science, and also is part-time principal.



Because of small size, personalities matter. One teacher is from a locally influential family. She's difficult and ambitious on a small scale. She wanted another teacher's class, and made life so miserable for him that he left, and she got the class.



She then wanted to be principal/teacher. She made life miserable for him, too. But then she went a step further. She knows local community residents, and visited them regularly to complain about the principal/teacher. She spread rumors that he was unqualified, failed to perform, even that he was racist (telling people this deserved immediate firing.) This steadily undermined his reputation, until even sensible people were afraid to support him.



The principal/teacher finally chose to leave. I want to know if he has any legal standing to sue the teacher for slander.





Defamation: Ambitious Staff Member Slanders Another to Force Him to Leave

Termination: Emancipation at 16 Years Old

My question involves guardianship in the State of: Indiana



I understand that there are certain rules for children to be emancipated and I haven't went through my state's specific rules. I turned 16 in March and my mother and I don't see eye-to-eye. I know that emancipation is not a way to try and just avoid issues with family members, but my mother had decided on her own free will to put me in therapy to help with my disputes with my sister and I am now seeing a psychiatrist every three weeks. She claims there is nothing wrong with our family and that I have all these "issues" I have to solve myself. She is trying to put me on medication and I do admit that I have a temper and my psychiatrist thinks I have ADD, but we also come from and military family and my father has been gone for a lot. He is currently in Korea. When he comes home, things are still not better. I do not currently have a job (as I have heard my friend say that I would need to have held one for at least 6 months first) and am supposed to be relocated to Washington state in August. I would be more than willing to find any job I could if it was possible to still be emancipated. I know that my family will not be obligated to support me in any way and that it would be difficult to handle taxes and other things. Living conditions would be established easily though seeing as how the friend I mentioned earlier is turning 20 this summer and has agreed that if this was possible, he'd let me live with him and he does have a stable job. I've known him for years. The purpose of this thread is just for me to find out if it was still possible for me to be emancipated without having a job.





Termination: Emancipation at 16 Years Old

Libel: Accused of Destroying a Will

My question involves defamation in the state of: Calif

We are going through probate court right now and a family member has accused me of destroying the Will sense i lived with the decided.

There was no Will,and is going through intestate probate.witch am not in succession.but this could have influence the rest of the family.and how they

proceed with there shares.is there any recourse?



Thanks for your time





Libel: Accused of Destroying a Will

Subleases: Subleasing Without Actually Subleasing

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





I have a multi year lease on a commercial building. The landlord currently wants me out, but I have 3 years left on my lease, and I follow it, so there is nothing he can do.



I would like to sublease a small portion of my building to somebody else. (I have extra space I am not using) Unfortunately my lease states that I may not sublease without written consent of the landlord, and he will not cooperate.



I am, however, fully allowed to invite anybody I want to use this space, and profit from that. It is for my "business use", whatever my "business" wants to do to earn profit. My lease also states "Any agent, employee, or invitee of lessee may come and go without escort".



So let's say I don't use the word "sublease". I charge monthly "admission" and give them a key to the building, and let them do their own thing in a defined area. They must follow all rules imposed by my lease. Is this still subleasing? Would that be any different than, say, a museum that charges admission?





Subleases: Subleasing Without Actually Subleasing

Use and Enforcement: Right-Of-Way Being Used As a Driveway

My question involves an easement in the state of: NC



I posted in a other thread about an easement on a property we're under contract to buy. This question is still about that same property but is for different reason. On the other side of the land is a power line right-of-way. This power line splits our nearly 14 aces into say 10 and 4. We don't mind the right of way, but we have an issue with the person who lives behind the property. Although the property behind us has a private land to use as a driveway (which will be made an easement) the person that lives there has been using the power line right of way as a driveway for years. The land has been empty for decades so i'm sure he didn't feel anything was wrong with it as the property owner lived across the country. Now that we're buying it we're not ok with him using it as a driveway. I assume that we can force him to quit using it but I hate to think that just because he's been using it for so long that he could have legal rights to keep using it (even though there is a lane specifically for his driveway). Also, the land he lives on is farmed and it's clear by looking at the tracks on the right of way that the farm equipment uses this right of way too. We're going to be in touch with Duke Energy once we buy to find out if we are able to put up a fence but I was hoping that someone here may be able to give some input. Personally I think the guy is just being lazy as the right-of-way is shorter than the driveway/lane he'd have to go down so I'd think that any court would side in the favor of making him use his real driveway but i'm terrified he'll have some sort of squatters rights.



Thanks in advance!





Use and Enforcement: Right-Of-Way Being Used As a Driveway

Trust Administration: Title Change of Asset Belonging to Deceased Trustor, Without Consent of Trustee

My question involves estate proceedings in the state of: Georgia

As administrator of special needs trust (trustor recently deceased), discovered car title of trustor's vehicle was changed without administrator's knowledge or consent and vehicle used as collatoral for loan.

Beneficiaries want to sell vehicle; how to proceed with vehicle sale? How to correct unconsented car title change?





Trust Administration: Title Change of Asset Belonging to Deceased Trustor, Without Consent of Trustee

Probation and Parole: Probation Revocation for Misdemeanor Offenses

My question involves criminal law for the state of: Indiana



My boyfriend was arrested 3/2012 for a second OWI within 5 years (Class D Felony) and was given 882 days probation in 2/2013.



Fast forward to 2/2015 he was charged with public intox and missed the court date and a warrant was issued in 2/2015 (in another county than he lives).



He also received another public into in 2/2015 (in the county he lives in) and was suspended 174 days and given community service in 3/2015.



Another warrant was issued in 3/2015 for revocation of probation from the 3/2012 charge.



Because of the two warrants he is being detained in jail.



Any ideas of what to expect?





Probation and Parole: Probation Revocation for Misdemeanor Offenses

Custody and Visitation Issues: Parental Alienation

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

My son's dad says that because I left a voicemail and called him a name with my son around, that it's parental alienation because it affects how our son views him. Our sons only a year old. he don't understand what I'm saying though. And he has no proof that my son heard me. He also says it's parental alienation when my bf bad mouths him and that it's still alienation when I deny visits. Is that true? He said I can lose custody cuz of it. But how likely is it that I'd lose custody because I said something about my ex and my bf said something about him?





Custody and Visitation Issues: Parental Alienation

Sex Offenses: Charged with a Sexaul Offense

My question involves criminal law for the state of: Sexual offense



MY soon to be ex husband was found guilty by a jury trial for sexual battery

He is in jail awaiting sentencing?

His case is going through a pre sentencing review

How much time can he get?

This is his first offense



Would I be able to call and speak with his pre sentencing officer that is doing the investigation to let them know he is being investigated by another state etc,,,,





Sex Offenses: Charged with a Sexaul Offense

Establishing an Order: Voluntary Termination of Parental Rights While Continuing to Pay Support

My question involves a child custody case from the State of: Arizona, I want to voluntary terminate my parental rights. I will continue to pay child support, what are my chances of the parental termination going through?





Establishing an Order: Voluntary Termination of Parental Rights While Continuing to Pay Support

Retail Fraud / Shoplifting: Caught Shoplifting for the Third Time

My question involves criminal law for the state of: My question involves criminal law for the state of: Georgia.



I was caught shoplifting again this would be the third time : /

I only took items for my children( I know that doesn't make it right but I'm a single mom and struggling) I wasn't arrested but just giving a citation because my children where with me. : (



The first two where 2 in a half years ago. I think it was just from the people I was around. I'm not a bad person : ( but the first one was discharged and the second I believe was changed to disordly conduct.



I'm a little confused about the law in Georgia. It's the 3rd time I've been in trouble for shoplifting but I've never been guilty of it. So if I was found guilty would this be my first conviction... Since I wasn't found guilty of the other two?



Any advice would be greatly appreciated. I'm a single mother of a 19 month old and 6 month old is there any alternatives I would be able to do besides jail I just don't have anyone else.



Thanks.





Retail Fraud / Shoplifting: Caught Shoplifting for the Third Time

Collection Lawsuits: Statute of Limitations when Case Dismissed

My question involves collection proceedings in the State of: Illinois



So I was sued in Illinois before the statute of limitations expired on a credit card debt. The collection agency then had the case dismissed. Since the dismissal, the statute of limitations expired on the debt! My question is: Does the filing of a lawsuit even if dismissed restart the Statute of Limitations?





Collection Lawsuits: Statute of Limitations when Case Dismissed

Filing a Complaint: 8 Year Old Judgement Served to the Wrong Address in California

My question involves small claims court in the state of: California



I was in a car accident which i was guilty of in 2005. I had a judgement placed on me in 2008 by the court. I had never noticed that i had a court summons. I had pulled my record in 2008 to try and buy a house. I then noticed that there was a judgement. I have no idea how the courts worked. I decided to call the attorney's office that represented the insurance company to pay off the judgement of about 15K. I had now idea that i was not served because i was able to get my license and never got an envelope. They did not want to work with me because at the time i could only make 100$ payments. They dropped connection with me after i had filled out their forms to try and make 100$ payments. I then tried negotiating with them with a lawyer and no resolution. I had called the lawyer a couple of times leaving my name and case and never got a response. This year 2015 i finally got a response. They wanted to work with me with payments. I called an attorney to help me negotiate and he requested that i pull the case files. I pulled the case files and noticed that i was not served properly. I see the documents showing that they served an address i never lived at to people i don't know a couple of times. I looked the address up on google and seems to be an apartment. I had seen this address appear on my credit report when I had pulled my credit report with the judgement. I'm not sure how the court got the wrong address served and how the judgement ended up being on my credit report also adding an address i never lived at. Can i do anything about this? the lawyer when he recently called suggested that i now owe 25K with interest. What are my options?



Thank you in advance.





Filing a Complaint: 8 Year Old Judgement Served to the Wrong Address in California

Juvenile Court: Help

My question involves juvenile law in the State of: New Jersey

I'm 17 years old. So I was with two friends and they both came to pick me up from my house. One is 18 and one is 14. I knew they had marijuana in the car, we were all planning on smoking. Big mistake I will never do that again. I knew that they had 30$ worth of marajuana and they had 3 wraps. So we went to an area by a woods park and we pulled over on the side of the road. The 18 year old was driving, the 14 year old was in the front seat and I was in the back seat. A cop drove past and asked us what we were doing, the 18 year old said she just pulled over to make a phone call and the cop drove away. Then he came back a couple minutes later and we were still there so he put his lights on and came up to the car with a flashlight. He asked us if we had been drinking or doing drugs and we said no. Because we really hadn't. None of us had smoked or drank or done anything. And the cop told us to get out of the car so we did and he saw the 2 blunts on the front passanger seat. the 18 year old kept whispering me to take the blame and I said no but when the cop came over and asked who's it was both the girls immediately looked at me and the cop stared at me and asked me and I was silent and he kept asking me so I said yes it's mine but it really was NOT mine. And he asked me where I got it from and I didn't say anything because it wasn't mine and I actually had no idea where they got it from so I didn't know what to say. The 18 year old and 14 year old had already picked up the weed before I was even in the car. So then they searched the car and found a bong in the trunk in a bag which I had no idea that was there, I swear I knew nothing about that at all. We went back to the police station and everything and they told us that we were going to have to go to court. I'm so absolutely terrified I was crying the entire time, I have straight A's and I'm a cheerleader and I plan on going to college and I will never ever ever do anything like this again please someone tell me what's going to happen to me and what I can do because I'm so afraid. Am I going to get charged with anything? Should I get a lawyer? The 18 year old has a previous charge with possession of marajuana I don't know the details but I know she does. But her dad is crazy and I'm terrified that she will tell him it belongs to me and it really doesn't and I do not want to take the fall for this. What should I do? Am I going I get charged with anything? I didn't have anything on me except my phone I wasn't high, I was in the car after they got the weed, it wasn't my weed, I didn't know about her bong, but I knew about the weed. Someone please help I'm so afraid that I ruined my life





Juvenile Court: Help

Other Issues: H1b Transfer

vendredi 17 avril 2015

Dear Sir/Madam ,



I have got my H1B Stamped from Company A for entire family and never traveled to the US. Mean while other employer B filed a Petition to Transfer my H1B (Ya Its new LCA and NEW Petition) that has got Approved. My Question is Can I travel to the USA with employer A Stamp and B Approved I 797?

If Not , what will happen if my new Stamp is denied ?



Your help is Appreciated





Other Issues: H1b Transfer

Civil Procedure Issues: LLC vs LLC with 3 Mgr and 1 Agent and Multiple Invoices

My question involves small claims court in the state of: Florida



Hello.



1) Can I file separate claims for different monthly invoices or non-subscription type services and where hourly rated work is involved? Total is nearly twice the limit of 5k, spanning multiple monthly invoices. Also invoices were from late last year and early this year. Perhaps I can file one case for 2014 and one for 2015?



2) Can I file in my own county where my business is registered, in order to have the other party travel?



3) Is it possible to file against a MGR member of the company (they have 4 listed) who I did not personally deal with? I only made deals with one MGR member. I'd like to shake the beehive so to speak, to potentially get the money due quicker.



4) I have a 66 page document showing their income for this year so far. I obtained it by accessing servers that I've had access to, and have never been told to quit accessing; passwords/logins have never been changed. Can I legally submit this information? I received a 1099 also and am listed as a 'member' of the company on their web page. Perhaps they will request on Monday that my access be taken away since I have just sent the final demand letter today, but I have gathered this information with no formal or informal statement of ceasing work/employment/association.



Thanks!





Civil Procedure Issues: LLC vs LLC with 3 Mgr and 1 Agent and Multiple Invoices

Other Violations: Ticket for Briefly Holding Cell Phone - New Jersey

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



My wife's cell phone alarm went off while she was driving. She picked up the phone, turned off the alarm, then put the phone back down. The phone was in her hand for at most 15 seconds. A policeman was driving behind her and pulled her over. He said, "I pulled you over because you had the electronic device in your hand, and this is a hands free state." He then wrote her a ticket for "Cell Phone" under the Other Traffic / Parking Offense section, and told her that she'll have to appear in court.



I found this NJ regulation 39:4-97.3: http://ift.tt/1G2XVHT that seems to be pertinent. It states "Hands-free wireless telephone" means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the telephone. It also says the fine is $200-400.



This seems to allow the driver to use one hand to activate, deactivate, or initiate a function of the phone while driving, which is exactly what my wife did. This interpretation is supported by the Superior Court of NJ case State of New Jersey v. Elliott Malone: http://ift.tt/1G2XVHV Per the press release of former Governor McGreevey, the purpose of this regulation is to "minimize distractions while driving", and she was doing just that.



I would hope that the judge would dismiss this based on the above, as we'd really like to avoid paying $200-400, but who knows? Am I correct in my interpretation? Is there anything we should do to increase our chances of having this dismissed?





Other Violations: Ticket for Briefly Holding Cell Phone - New Jersey

Traffic Court Issues: Deferred Denied

My question involves traffic court in the State of: Washington



Hello,



I entered a deferral on 12/18/13 for a speeding ticket. I received another ticket in 6/14. I filed for discovery and in 9/14 the Deputy Prosecutor offered to drop the speeding ticket down to parking ticket. I asked if accepting that offer would it interfere with my deferral. She replied no. I paid the parking ticket. My 1 year for the deferral ended 12/18/14. On 4/6/15 a judge sent a letter saying I failed to complete the terms of my deferral. On the form the judge, it says my changes are speeding reduced to parking, not just parking.



Clerk at the court said I could write a letter to the judge explaining that, but that was the only recourse.



2 things I see. 1 it was a parking ticket and prosecutors office said it wouldn't interfere. 2 the charges I agreed to were parking, not speeding reduced to parking. Probably up a creek on this.





Traffic Court Issues: Deferred Denied

Adoption of Children: Stepfather Adoption, No Biological Father on Birth Certificate and Child Support

My question involves adoption law for the State of: California



I plan on adopting my step son sometime within the next several months, but my wife and I are concerned with the issue of the biological father. I should give some back-story here.



When my wife was 17, she was raped by her father and his coworkers. She never reported the rape, ran away, and has not seen her father or any of the other men since. 9 months later, she gave birth to my stepson. Given her situation, it was clear to her that on of those men was the father. The rape is an extremely sensitive issue, my wife having been diagnosed with severe depression and PTSD from the situation.



There is no biological father listed on the birth certificate.



Prior to meeting my wife, she filed for child support. She told her counselor that she did not know who the father was. The counselor suggested that notices should be sent to each of the three men. One of them began paying child support. I do not know the specifics here, I can only speculate that one of them chose to pay child support rather that risk contesting the issue in court. (A side note, I question the legality of the manner in which this child support was obtained...another issue perhaps?)



My question concerns the implication of having this child support payment in regards to my future adoption. Will the court view this man as the child's biological father (regardless of whether or not he actually is) because of his child support payments? Will the court try to contact this person in order for him to terminate his rights as a biological father even though his name is not on the birth certificate? My wife is adamant that there will be no contact (clerical or otherwise) with this man, or any of the other men, even if it means the adoption will not happen. If she opts to discontinue receiving the child support payments (if possible), will the court still have to (or attempt to) contact the supposed father of my stepson?



Any insight here would be greatly appreciated. Thanks.





Adoption of Children: Stepfather Adoption, No Biological Father on Birth Certificate and Child Support

Private Sales: Can You Get a Deposit Refunded After Canceling a Purchase

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

I recently found a engine on Craigslist contacted buyer seemed legit, so he asked for a deposit. He was coming through area later that day so he asked for a deposit he said $500 after meeting him I decided to give him $1000 down with only a verbal agreement. He wanted to keep the injection pump and would knock $200 of total making $800 amount owed. My customer backed out leaving me short on money and without need of engine. Seller contacted me stating he had other people looking to buy engine. I asked for my deposit back he said no he lost the $2000 sale for a $1500 sale. He then said he would refund difference after much debate he now says he sold engine for $1200 and will only return $200 of my deposit. Without any prior discussion of refundable or not he states he is losing money so my deposit garuntees he gets all of his money? I also only have text proving $1000 was exchanged should I go forward or take $200 and lesson learned?





Private Sales: Can You Get a Deposit Refunded After Canceling a Purchase

Maintenance and Repair: Easements Speed Bumps

My question involves an easement in the state of:Alabama

We have three lots serviced by a gravel drive. The lot nearest the "paved road" has a 30' easement, as do I, being the second closest to the road. The third lot is at the end of our drive and easement. Over the years my neighbor and I have maintained the road while the owner of the third lot has done nothing. The third lot owner has kids and employees who speed down the road and present a danger to small children and also damage the road causing potholes etc. After dropping another $1000 on gravel and grading my good neighbor and I decided to install two small speed bumps in order to not only slow down the third neighbor but to also slow down anyone coming down the road too fast and causing damage.

Here is the problem: The third neighbor is pitching a fit about the speed bumps and using his dually truck to tear up the speed bumps by revving his engine and spinning his wheels. He has also told his employees to drive around them and spin tires in the grass thus doing further damage. This morning he announced that we were barricading the easement with the speed bumps and now a trash can on either side in order to prevent them from driving in the grass.

What con we legally do to make him stop destroying our property and to recoup the cost of fixing the damage. I say Legally as the quick answer will result in a physical confrontation that we would like to avoid.



Thank you





Maintenance and Repair: Easements Speed Bumps

Collection and Enforcement: Disagreement Over Whether Child Support Payments are Current

My question involves child support in the State of: Indiana

My son's dad pays 78 a week. Well 2 weeks in a row he paid 156. Then the week before last week, he didn't pay anything and last week he paid 40. He says that because he paid 156 twice, then he paid in advance and isn't behind. But he is supposed to pay 78 and only paid 40 last week and nothing the week before. He thinks cuz he paid 156 twice that he basically paid two weeks on advance and actually didn't owe me the 40 dollars that he did pay. Is he right? Also, he says he pays on Fridays but the payment always takes up to a week to show up. I want to take him to court over it again. What would happen if I did?





Collection and Enforcement: Disagreement Over Whether Child Support Payments are Current

Disability and Elder Law Issues: Handicap Parking

I am handicap. I am in a wheelchair and I have a state issued handicap decal on my truck. Last night I went to a restaurant in downtown Nashville TN. The restaurant has no parking of it's own. People park along the street. Nearby there is a business with a large parking lot with 4 handicap parking spaces. The business was closed by this time and the lot was empty. I parked in one of the handicap parking spaces. When I came out of the restaurant my truck had been booted. I have been told in the past that according to the ADA once a parking spot it designated as a handicap spot it is no longer private property and it becomes public property subject to the ADA. I have been told that a handicap person by law cannot be denied parking in a handicap parking spot regardless of location. Have I been told wrong?





Disability and Elder Law Issues: Handicap Parking

Custody and Visitation Issues: How Do I Ask the Judge for a Evaluation of My Sons Dads Home

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

I have a custody case in May. I want to ask the judge for a mental evaluation on my sons dad and also a evaluation of his home. How would I go about asking for that to be done? Would I just suggest that he do one? Or would the judge do one anyways because its a custody case?





Custody and Visitation Issues: How Do I Ask the Judge for a Evaluation of My Sons Dads Home

Fences and Walls: I Have a Witness That My Fence is More then 30 Years but the City What to Take It

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

I bought my home 2 years ago from the children's of someone that died

This home is 60 years old.

The house have fence that go out from my land line but I have neighbor that agree to be my witness that is there 30 years from the time she was young.

Now the city want to build home next to me and to take that part.

Can I stop them?

Is wetness it's good enough or I have to get something else

Thanks





Fences and Walls: I Have a Witness That My Fence is More then 30 Years but the City What to Take It

Custody and Visitation Issues: Baby's Mother Refusing Me Visitation and Had New Boyfriend Sign Birth Certificate

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



My ex recently had our baby and yes I'm 99% certain she is mine though I do want to be 100% with a Paternity test. I was not notified when she had the baby and do not know the baby's name or even her birth date though I do have all the mother's information. I have even been told that she had her new boyfriend she met when she was 7 months pregnant sign the birth certificate. I don't know how to get records of the birth and there wasn't an announcement in the newspaper. I was told to go file for custody and that it shouldn't matter that he signed the birth certificate. But I also understand that once I file it is my responsibility to serve her with the court papers and I am unsure how to do this. Even if I go to her house and give her the papers whats to stop her from saying she never got them, can I call thenpolice and have them witness me giving her the papers, I don't know what to do, the courts haven't been able to advise me, I make little more than minimum wage so saving for a lawyer will take too long. Please is there anyone that can help me, I'm lost in a sea of read tape and just want desperately to be involved in my daughter's life. HELP!





Custody and Visitation Issues: Baby's Mother Refusing Me Visitation and Had New Boyfriend Sign Birth Certificate

Traffic Lane Violations: Carpool Lane Violation

My question involves a traffic ticket from the state of: California (San Francisco)



Just got my ticket in the mail for $490 (V21655.5b)

I was pulled over the other day for driving in the carpool lane, was in the city to sell my bike (I'm from Sunnyvale) and was thrown off by their carpool system. They have specific carpool lane streets that take you for a mile to an on ramp. I turned right onto Bryant St. and I see it's labeled carpool lane all along the street, I realize I need to turn around but it's a two-lane street, so I keep going until I see the only exit (Rincon St.) and take a left to get off, shortly after turning left I'm chased down by the SFPD.

Is this worth contesting or should I just shut up and pay up?





Traffic Lane Violations: Carpool Lane Violation

Hearings and Trials: Traffic Court for Right Turn Violation

My question involves traffic court in the State of: ohio



I got a ticket for turning right on red when there was apparently a sign for no turn on red. It was dark, late at night, and I didnt see the sign. What can I say to win? The sign was small, not lit up.



Will these things help or hurt my case?

1. I have poor vision

2. I have ADHD and it's hard to pay attention

3. I have had a recent death in the family and am really stressed out

4. I have turned right on that same red light hundreds of times and never noticed the sign

5. It was after a stressful 12 day at work



Thanks!





Hearings and Trials: Traffic Court for Right Turn Violation

Traffic Accidents: At Fault Drivers Insurance Doesn't Want to Pay

My question involves an accident that occurred in North Carolina. Short version is that I was rear-ended one morning on the way to work, and the other driver was 100% at fault. I have a personal injury lawyer handling the injury side of things, but they apparently do not deal with the vehicle damage side. The other drivers insurance sent out an adjuster and they totaled my vehicle out and have offered me $9000.00 for the value. I had purchased the car about 6 or 7 months earlier from Carmax for about $14,000.00. I currently owe just under $13,000.00. When I initially refused the $9000.00 offer, the representative stated that I could show them comparables to try and prove that my vehicle was worth more. The first time I sent comparables, the rep stated that they were too far away. Then I sent "local" comparables, and she stated the mileage was different. I then found a vehicle close by that was close to mine in mileage and the same year and she completely ignored it. She only replied back asking if I was ready to move forward. When I replied and said I'd move forward if they re-evaluated that value of my vehicle, I was again ignored.



A few weeks later, she sent the same email, I replied with the same response, and was again ignored. She then sent an email stating that since she had not heard from me, she assumed that I was withdrawing my claim. I told her in no uncertain terms that I was absolutely NOT withdrawing my claim. I then went online and filed a complaint with the NC department of Insurance, and then emailed the rep to inform of that. She then replied claiming that she had not heard from me since the end of February, and assumed I was withdrawing. She also tried to defend herself regarding the comparables. She then stated that we need to "conclude the claim" and that she needs a power of attorney form signed and notarized, and it has to be done within 10 days, or she will just close out the claim.



So.. here's my question.. My vehicle was purchased without a trade-in, and no upside down value from another vehicle. The rep ignores this fact, and the last comp I sent her. Do I have any recourse against this insurance company? Can I take them to court? What do I do if they close out this claim without paying? Thanks in advance for all your help!



Dave





Traffic Accidents: At Fault Drivers Insurance Doesn't Want to Pay

Federal Taxes: Brazil to United States

jeudi 16 avril 2015

Hope someone might be able to answer this.



My Father who is American recently retired, but he spent 20 years working abroad in Brazil. Over his career he saved up a lot of money in Brazilian currency, purchased a Brazilian apartment, and stored the rest of the money in a foundation at a Brazilian bank. However, he has since returned to the United States and as he gets older, our family is seriously considering transferring all of his earnings from Brazil to the United States.



Can someone elaborate on what will happen if he tries to import his money? I believe he was taxed by the Brazilian Federal Government at the time. Does he also get taxed by the United States government? - would seem excessive.



I do not believe he reported any of this to the IRS as he was living in Brazil at the time and had not returned to the US until many years later. If he did not reported this to the IRS would that mean he has broken some laws?



What would be the easiest way to transfer the money and avoid getting harassed by the IRS?



[On a side note, unlike my Father, I am a dual citizen of the United States/Brazil and I would like to help him if I can, but I do not want to get involved if it sounds like he broke the law in some capacity]





Federal Taxes: Brazil to United States

Warranties: Crumbling Driveway Surface

My question involves a consumer law issue in the State of: NC After 4 yrs in a new house the driveway is crumbling to a point that i can see the rock.

The builder told that there is no warranties and the the crumbling was the salt of the street. I been in the house for 3 winter the average snow fall is 3 inch no salt require.

what would be my next step.





Warranties: Crumbling Driveway Surface

Lemon Law: Headache

On Thursday I purchased a car from a auction as is but before purchasing this car I explained to this man I was a college student who needs a reliable car to get back and fourth to school! So Im looking at cars throughout the lot test driving different ones so when I reach this car I,see,that the tanks on E and its jerking when i drive so and older guy around 65 go gets a gas can a puts gas in the car so I attempt to drive it again which its still jerking so as im driving it back around to park it a seller who works there stops me and says hey let me drive he also notices the jerking motion so he drives the car down the street to run the little gas the older man did put in there out because he says the old man put,the wrong gas in there so then he goes to the gas station and puts the correct gas in the car! Then he tells me it only needs a fuel injection cleaner in there and a new battery and other than that the car is fine so im like we'll that's expected since it is a used car i know ill have to buy something so ill pay for the 150$ battery! So after purchasing this car i go home excited! On Friday the car wouldn't crank so im like well he did say i needed a battery i go purchase the battery get a mechanic to put it in the car was ok till about an hour later when i went to get in the car it wouldn't crank! So im like what the heck i get a jumpoff and head to a mechanic shop on the way there i notice the lights in the inside of the car want go off the radio no longer works and,neither does the horn so i text the seller and tell him what's going on with the car he replies its the battery and im like impossible because i bought a brand new 150 battery then hes like its the battery terminals so im like impossible , the battery is in the trunk after the mechanic looks at the car he tells me,the problem is that the defrost want go off and its picking up heat from the motor which is causing the battery to die and also explains why these hair line cracks are on the windshield So now im pissed because he fed me these lies about the car i didn't assume anything! So i immediately text him about whats going on with this car and he says no way its just the battery so i tell him i,will be returning this car he then tells me that they are closed sat but come to find out they were open now hes lied again so i tell him Monday i will be returning this car! Monday comes and on my way there 10 minutes away someone runs the light and hits the rear passenger door of the car i immediately call the seller and tell him the situation he still says bring the car and don't go to the hospital im released from the hospital on Wednesday so i call him n tell him ill be bringing the car Thursday he then tells me he can have somebody look at the car but i probably caused the problem so need i remind u i still have all the text messages from our conversations ! So the problems were way before rhe accident now another reminder when i got into the accident i couldn't blow the horn! So Thursday i call him and tell him im having the tow truck come pick up the car and he's like why aren't u driving the car so I'm like u know i was in an accident and the tire is wobbling and i don't need the tire coming off and he was like well y can't the people who hit you insurance just pay for the car and i said NO that is not right they gone pay for what they damaged and you,need to pay for what u damaged! So when i get there with the town truck he tells me he doesn't want the car on his property now im pissed he wants me to drop the car off up the street at a,mechanic shop and leave it so leave the car on his property and put the keys in his,hand and he tells me hes going to have the car towed! My thing is y did u tell all these fraudulent lies and when i get there with the car u all of a sudden never knew i was coming





Lemon Law: Headache

Probate Court Procedure: Can a Creditor Sell an Estate for Less Than It is Worth

My question involves estate proceedings in the state of:West Virginia



My question involves an estate that is in probate. A total of 2 creditors have made a claim against the Estate for the amount of $60k. The Estate is valued at around 150k, including one house and two cars. My question is what happens when probate is over? Do the creditors acquire the estate? And can they sell it for only $60k to resolve just the debts they are owed?



Thank you





Probate Court Procedure: Can a Creditor Sell an Estate for Less Than It is Worth

Deprivation of Civil Rights: Sheriff Ordered Dog Die/ No Due Process/Never Bit Anyone. Killed a Stray Cat

My question involves civil rights in the State of: South Dakota

My local sheriff came over to my house early the next morning after my dog had broken his leash and killed a stray cat in the next door neighbor's driveway.

He told me that my dog was vicious and had to die this very day. He told me he would come into my house and get him if I refused his order.

There is a body camera recording of this exchange.

My dog never bit anybody. Ever. The neighbor told the sheriff in his report that my dog had twice before bit him, but he failed to make a report. The neighbor is not telling the truth.

My dog is dead, as per the sheriff's orders done that very day. My wife and baby live here, and the threat of violence was too much to bear - and asking for due process would likely have resulted in bad things.

My state of South Dakota has a section 40-34-14 which defines a vicious dog as one that has bitten a human. No mention of stray cats.

In any case, my dog was worth somewhere between $2000 or double that for, healthy puppies. He was extremely intelligent, and knew not to bite humans...but he would scare a person if they didn't have permission to be here.

Now to add insult to injury, the sheriff told me I had to pay the vet bill to kill Buddy or he would sue me.

it seems to me, no dog is safe if a mere allegation of biting is sufficient to have a dog killed the next day without so much as a single hearing before a judge or at least some sort of process.

Am I wrong here? How to get restitution from a county government?





Deprivation of Civil Rights: Sheriff Ordered Dog Die/ No Due Process/Never Bit Anyone. Killed a Stray Cat

Stalking: Erotomanic Stalker or Paranoia

My question involves criminal law for the state of: Virginia



I'm in a tricky situation currently, I don't have any hard proof that I'm being stalked, (Pictures of the person, sightings, or recent threats) but there are some things happening that I cannot ignore.



The person I suspect of stalking me was a former co-worker whom I 'befriended' when my father (who worked with this man also) had a stroke and I was staying at the hospital with him. It started out friendly enough, since I didn't have a car he would take me to the store and drop paperwork off for FMLA and etc. We would talk and hang out sometimes even once I returned to my apartment and started a new job, eventually he admitted to having feelings for me and thought we should date (I'm 21 and he is in his late 30s) I informed him many times I wasn't interested but gradually he got more persistent with things like saying we should sign a lease together and that even though I won't admit it, we are clearly in a relationship. Around that time I started to get that creepy vibe from him and started to drop contact, he started to show signs of a bad temper so I cut all contact and did not speak to him anymore, he continued to send me messages about how we should be together and would leave gifts on my car (books, stuffed animals, etc) I didn't reply to the messages and I threw them all out and things calmed down.



About two months later I moved to Virginia and started dating, for the longest time I didn't hear anything from him until a message stating that we are meant to be and he wants to be together forever, he's lost without me, etc etc no threat or anything so like the others I deleted it and moved on with my life. Shortly after I started to get the feeling of being watched and followed (I'm on a third shift schedule so I come and go during night hours) I let it go because it felt illogical to feel that way at the time, I had no reason to think or feel that way. Within a week or so I was driving home when a streetlight caught what to me appeared to be his name written in the dirt on the passenger side of my windshield, again I dismissed it because I couldn't see it clearly enough to know for sure. Today however I was again driving home at night when my tire started to make a weird clunking noise, when I got home I found that three of my right rear tire's lug nuts were missing and the other two were very loose. None of my other tires had any loose when I checked later.



I know all of this probably comes across as a stretch, but I just can't shake the feeling and as my boyfriend lives with me I'm worried that maybe this guy found out and is angry since he thinks we are meant to be. Upon research I found he fits the bill for someone suffering from erotomanic delusions, if I am correct. I don't want to alert the police with the lack of proof I have but if he's gone as far as messing with my car I'm worried he may cut brake lines or worse.



What should my course of action be? What are my options?





Stalking: Erotomanic Stalker or Paranoia

Disability Benefits: Back Pay Owed for Social Service Benefits

I am awaiting a decision on my SSD case. I worked for a non profit (my last job) and they werent required to pay into unemployment. When I became disabled I wasnt able to get unemployment and had to apply for social service benefits while waiting for my disability case. My question is, do I have to repay the benefits I received while waiting for disability?:confused: I have heard that this only applies to people getting SSI, but not sure ??





Disability Benefits: Back Pay Owed for Social Service Benefits

Modification of Custody: Family Violence and Standard Possession

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

I have been appointed as Sole Managing Conservator for my child under age 5.

The court found that my ex spouse had a history of family violence.

The Non-Custodial Parent (NCP) has been given standard possession.

I have relocated to California. I am afraid of the NCP and am concerned that the NCP may come out to CA and attempt to exercise the Standard Possession.

What can I do to protect my young child? After residing here for 6 months I want to try to terminate the NCP's parental rights. How does this work? What if I can get the NCP to agree to termination of parental rights? Will the judge allow this?

Thank you for your help.





Modification of Custody: Family Violence and Standard Possession

Business Disputes: Objection to an Allegedly Similar Business Name

My question involves business law in the state of: Arizona



Hi, I recently filed an LLC in AZ like, XYZ, LLC. I just received a letter from a local law firm claiming that my name is too close to their client's name of XZVW, LLC. They claim it will harm their client and confuse potential clients. Both names start with the same word and share another but in different order, plus his contains two words that mine does not.



They also sent a letter to the AZ Corporations Commission requesting them to disallow my LLC, because of the name conflict. Additionally their letter claims that my website, XYZ.net is also too close to theirs, but its not close, especially given that these are global URLs.



Do they have a leg to stand on? I complied with the Corporation and LLC name requirements and the Arizona Corporation Commission's naming standards statutory name requirements.



Any6 help is appreciated.





Business Disputes: Objection to an Allegedly Similar Business Name

Trademarks: How to Register a Trademark

Don’t know How to File or Register a Trademark. Please give me some information about it.





Trademarks: How to Register a Trademark

Establishing an Order: How to Deal W/ Her Dad in the Months Before Court / Does He Have a Chance

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

My daughter is 9. Her dad filed a parenting plan last month. Now maybe this was all wrong of me, but I have actually encouraged him for years to do so. We've had so many issues, so much miscommunication, so many times of him flaking out and my daughter being heartbroken. He's been inconsistent her whole life, finally I told him if he wants to continue to see her, he needs to file so he finally did. I thought it was in the best interest of my daughter for visitation to be documented, so she can know for herself when he is/isn't supposed to see her. In the past, she has tried to blame me when he has missed time. It makes no sense, but as a child, I understand where she's coming from. She's hurt & upset & I'm the only one there to take her frustrations out on. Frankly, I'm sick of it now though so that's why I pushed for this.

Despite his flakiness, we've been on fairly good terms for the most part. He has spent almost every holiday at my house for the past year. He's loaned my husband guitar books, they have jammed together, etc. Now that he has finally filed the plan, his behavior has been a complete 180. He refuses to really speak to me about our daughter at all, except for when he wants her, then he acts demanding. I comply and let him see her, but I don't feel good about it since at the same time he says things like, "You think you run things and dictate things, & I'm sick of it." I try to get him to be more specific, but he just says, "Take it to the judge." In fact, that's now his favorite line whenever I try to communicate. I'm honestly confused, because the one and only thing we disagree on is him having overnights. Other than that, he takes her whenever he wants, even if that means my husband and I have to cancel plans we've made with her. (Which is the case today, in fact). I set up a Tango account on my daughter's iPad so she can communicate with her dad whenever she wants and doesn't have to go through me. I've made every effort, IMO. The reason I don't want her to stay overnight is because he lives in a 3-bedroom with his girlfriend and her 3 children. Every other weekend, he has his other daughter, so that's 4 children. He wants my daughter to stay overnight in a 3 bedroom house, a total of 5 children, 2 adults, my daughter sharing a room with his girlfriend's daughters and her half-sister, apparently. (I'm not sure of the exact proposed set-up). Only 1 child is male. On top of that, he works at night. So most of the time, he wouldn't even be there. I'm a SAHM. I see no reason why my daughter should be overnight with his girlfriend when she could be home in her own bed. They also eat incredibly unhealthy while we shell out a good sum to serve organic food. (Don't know if that matters for a judge, probably not).



THE IMPORTANT PART:

So in the plan that he filed, he asked for her every weekend. Fridays, he picks her up from school, Sundays I pick her up from him. Holidays are odd/even, including birthdays. I vehemently disagree with this because like I said above, he has spent most holidays in the past with us because he has nowhere to go. Also, we live 7 min from each other so on the rare occasions where he did have somewhere to go, he'd have her half the holiday, I'd have her the other half. There's no way I'm just not gonna see my child every holiday! Why shouldn't we both be able to see her?! He also said in the plan that we meet halfway for pickups/drop-offs on holidays, which again I find so silly because we live only a few min apart. Another reason I disagree is again, because of the overnight issue. I also don't think he should have her every weekend when my husband and I spend our weekdays taxiing her to/from school on the other side of town and to all her extracurriculars. I want time on the weekend to do fun things.



My daughter told me 2 days ago that he told her he is revising the plan so I have her 1 week, he has her the next, etc. Firstly, I don't agree with him discussing these things with her. Secondly, again, the overnight thing is an issue for me with all those people in the house, plus the fact he works at night. I think his girlfriend gets section 8 to live in the house they live in. He told me for months that they were getting a 3 bedroom house and I always asked him why not a bigger one, there are plenty of houses in the area with 4 or 5 bedrooms that you can find for the same price. He said something to me about income restrictions and if "they" knew he lived there, she wouldn't be qualified. So it's not even legal for him to live there, can a judge then order my daughter to? It's welfare fraud. I am also concerned because he has told me he doesn't like their children. He called them brats. He's said before that he wants to move to get away from them but has since done a 180 after filing. I've asked him why he is with her if he doesn't like her kids. I said her kids deserve better than that and he should give her the chance to find someone who will love her kids. I would not be with my husband if he didn't love my child. It makes me so sad for those kids.



I am explaining all this for people who have been there/done that: Is what he is asking for an actual possibility? I feel like my disagreements with it are so very valid but I need others to tell me if they are or not because I really don't want to be in for the surprise of a lifetime in court or get my ass handed to me. Do I need a lawyer? And yes, advice on how to deal with him before court is much needed because he's so hard to deal with that I want to just NOT deal with him and have him not even see her until court rolls around. I feel like I don't have to deal with someone that disrespects me, but is that the right thing to do? Will I look bad in court? Help!





Establishing an Order: How to Deal W/ Her Dad in the Months Before Court / Does He Have a Chance

Support Arrears: How to Collect when Child is Over 18

My question involves child support in the State of: Tennessee. How can I go about collect arrears? When my child was about 16 I stopped/closed her child support case with the option to collect on over$25,000 in arrears at anytime. She is now entering college so I/We need that money. How do I go about collecting or starting that process?





Support Arrears: How to Collect when Child is Over 18

Contracts and Agreements: Dispute Over the Termination of the Independent Contractor Contract

My question involves independent contractors in the state of New York



Hello, I am based in Europe with an American Independent contractors agreement under NY's law.

The contract has been wrongfully terminated and I am trying to find an easy way out but the company is not.

between holidays and everything else, this has been going on for month now and I am willing to go legal now but I don't really know how to do it.

Can someone help me please.



FYI:

- my contract was a 1-year contract under this terms:

The Contractor’s Engagement shall commence on the date hereof for a twelve month term (12 months) and shall renew automatically for one year terms thereafter. This agreement may be terminated by either party at any time upon three (3) months written notice to the non-terminating party



- before the end of the contract (more than a month before), as they needed to close the entity I signed the contract with they did send me an email to terminate me, negotiating terms for a new agreement and telling me it was just a transition. (actually, they did close it before the end of my contract)



- the day before the one year term, they terminate me under a misconduct pretext (not proved) refusing to pay the 3 month period notice



- I had to work in February as activities were ongoing and expenses were engaged, we had an agreement that I'll be paid for the all month, I sent an email to resume the terms and now they are refuting them (I have a witness that can sustain me)



- now, I have to wait 2 more weeks to go to the next step of negotiation.



- They asked me to sign a release document I am not OK with if I want my money back and by money I don't mean the fix payment but the payment of my expenses (including January).



I am tired of waiting and trying to find a nicely way to end thing when they don't, so now I am ready to ga legal, I think I have a case. How do I proceed, I am in Europe and I know I need a lawyer in NY.



thanks for helping.





Contracts and Agreements: Dispute Over the Termination of the Independent Contractor Contract

Speeding Tickets: >85mph in a 45. 22350 Vc. Any Hope

My question involves a traffic ticket from the state of: California.



So here is the scenario.

I was pulled over by an Elk Grove police officer at 10pm on a Sunday night. I was driving home with my girlfriend northbound on Elk Grove Florin Road, right after it intersects Sheldon Road. There were no other cars on the road ahead or behind me and being that I was in my "fun" weekend car, I decided to punch it for that last little bit of fun before I get home. This particular stretch of road has no objects or buildings or anything of that sort beside it. It is just empty fields on either side. As I approached the railroad tracks at the intersection of Elk Grove Florin Road and Campbell Road, I caught a glimpse of the parking lights of the officer's vehicle and immediately slowed down. I did not know my exact speed as my speedometer does not read accurately.



He ended up citing me with 22350CV for doing ">85mph" in a 45mph zone. I do not necessarily know what this means. Did he just estimate my speed? What does the ">" mean? He never said anything about clocking me on radar or anything of that sort. Another one of my concerns is that the particular location of where the officer was parked has some rather large, low-hanging trees and a shack/shed of some sort directly south of him. He was in a position where I know for sure that he could not have seen me until I was directly in front of him. A few days later I went to the same spot he was parked in to verify this. I feel like from this location and time at night, without the use of a radar/lidar, there is no way the officer could have made an accurate estimate or reading of my speed.



I cannot remember exactly what was said between us, but upon pulling me over he asked me all sorts of tricky questions almost as if he was trying to get me to admit that I was speeding. I get extremely nervous and tense just being around police officers, and I damn near get panic attacks when I get pulled over. So being the scared, nervous person that I am, I basically admitted that I was speeding. As soon as I did, I remember he asked "So you're saying that you were speeding?" and immediately afterwards gave me the citation to sign, almost as if he was waiting for me fess up. In fact, he never even mentioned how fast I was going. I did not know the speed he cited me for until after I had already signed the electronic screen thing. He handed me the stylus and screen, I didn't know this was the citation as I have never signed anything like it. I always thought it was paper/pen. So hoping for some leniency, I tried to explain to him that I rarely drive that particular car and was simply taking it for a cruise. If the conversation is important, I'm sure my girlfriend remembers a lot better than I do. I can ask her.



So being the young, dumb, financially unstable, struggling college student that I am, is there any hope that I could possibly build a case and have this dismissed or reduced? Any input as to what I should do next or what will be going on is greatly appreciated. I apologize for any lack of information as this is my first time dealing with this sort of situation.





Speeding Tickets: >85mph in a 45. 22350 Vc. Any Hope

Disestablishing Paternity: How Can I Remove the "Father" from the Birth Certificate

My question involves paternity law for the State of: New York





I had a boyfriend for about 4 years (we'll call him A) and there was a time when we separated in the middle of the relationship and i started talking to someone else (we'll call him B). I had a sexual relation with B and right after that happened A looked for me and we went back together. I got pregnant n i didnt know at the time. After a month i found out that i was and i thought it was from A due to the time been so close. I went throught the pregnancy with A and he was there when she was born n his name is on the birth cert. After a year A did a DNA test and we found out that A was not the real father. At that time i cantacted B to tell him what happened. A does not want anything to do with me or my daughter and me and B tried to worked things out and it didnt work. So now i have no contact to either one of them. And A does not want his name on the birth cert.



My daughter is now 2 going on 3 years old on August 22 and she was born here in New York.



Now my question is:



How can i remove A's name from the birth cert and only have her under my name, since i do not have any contact with B?



Is that possible?





Disestablishing Paternity: How Can I Remove the "Father" from the Birth Certificate

Disestablishing Paternity: How Can I Remove the "Father" from the Birth Certificate

My question involves paternity law for the State of:





Disestablishing Paternity: How Can I Remove the "Father" from the Birth Certificate

Termination: Terminated for Something I Did Not Do

I kept a personal hard drive with music at work, questionable material was found on it left there by a former manager without my knowledge. Said manager had previously been fired for stealing and engaging in prostitution on the job a year or two ago.





Termination: Terminated for Something I Did Not Do

Drug Possession: Physician Recommendation for Medical Marijuana

My question involves criminal law for the state of: Medical Marijuana Possession with Physician Recommendation Beverly Hills, CA



Do I have to show a cop my recommendation for medical marijuana if i get stopped for possession?





Drug Possession: Physician Recommendation for Medical Marijuana

Federal Taxes: Decedent's Unpaid Taxes

My mother died in late January 2014. I figured she probably hadn't filed her taxes for that season yet, and I looked up whether or not we needed to file them for her that year. I found a questionnaire online and filled it out. I believe it said, based on my inputs, that we didn't. I can't remember where exactly I saw it, but I believe it was on the IRS's website.



We opened her estate in July 2014, I think, obtained an EIN for it, and posted notice to her creditors in the newspaper that they had eight months to make any claims against her estate or forever hold their peace.



I calculated her taxes due for her 2013 earnings last night and found she owes about $500 or so.



Sorry if this is a dumb question, but... If creditors can't come after her estate for amounts she owes any more, can the IRS come after it for this tax money? Are we even obligated to file it? And, if we don't, what could they do?



Links to sources would be greatly appreciated.





Federal Taxes: Decedent's Unpaid Taxes

Other Violations: Loggers Got Overweight Violation Now City Wants Us the Homeowner to Pay for Road

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

We hired loggers to log out our woods recently and had no problems till a month after they started. There was no signs on our road when we first started about weight limitations. We have a excavating company literally around the corner of the road that drives down it daily with big dump trucks filled with concrete. Someone had sheriff called and had our load weighed and they put a sign up all the sudden and he got at ticket for being overloaded. We also have Amish with their horses up and down the road everyday too I'm not sure if they make much of a difference but it's now springtime and the road is not blacktopped it's kinda half blacktop and half gravel and it's always been like that we live in the country and now the town trustee put a sign on our lawn stating that no hauling of logs is permitted anymore. We went to the town meeting and now they are threatening to have us the homeowners pay for the road to be fixed they're saying that the road was crumbling because of the weight of the loggers truck and the want the whole road done not just the path the loggers use but what we didn't use too, and from our house to the next road over is like 1/4 of a mile if that!! That they have actually drove on. So I guess my question is can they make us pay for the road? We're not the loggers we don't know the laws of that so I don't think that is fair at all. Also we took pictures of another neighbors that just moved in had big dump trucks drop off loads of something not sure what but when we tried to show them at the meeting they wouldn't even look at them. Any advice on what we should do??





Other Violations: Loggers Got Overweight Violation Now City Wants Us the Homeowner to Pay for Road

Retail Fraud / Shoplifting: Can I Be Prosecuted Against by Other Stores Through Use of Records

mercredi 15 avril 2015

My question involves criminal law for the state of: Wisconsin



My friend recently shoplifted and got caught at a Kohl's store. They said that since she is a minor and it is her first offense, she will have no record. She lied and said it was her first time although she had lifted at several other stores previously.

The LP said that he would send around some info on her to other stores.

Is this true? Are other stores notified of shoplifters and given information to identify them?

I'm scared that it's possible that the stores are looking for her and when they recieve the information (does it include a picture of her?) will identify her as the previous shoplifter. Can they prosecute on this?

Is it even enough proof to have video evidence that looks like a person who recently got caught lifting? Is there any way for the stores to prove that my friend who got caught is the same girl who shoplifted at their store earlier?

Thank you for your answers.





Retail Fraud / Shoplifting: Can I Be Prosecuted Against by Other Stores Through Use of Records

Other Violations: How Much is a Cell Phone Ticket Cost in California

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

I got a ticket today for used my cell phone while driving in OC California the ticket is VC Section 23123.5. Is there anybody know how much this will cost for a first time offense? I heard its expensive around $200 but i had heard in this year it will up to $1000





Other Violations: How Much is a Cell Phone Ticket Cost in California

Repair and Maintenance: Water Flood from Upstairs

My question involves a condominium located in the State of: California



I live on the first story of a three story condo complex. Water was discovered leaking/flowing from the ceiling above into the unit. The unit was practically flooded leaving water damage to the ceiling, wooden floor, and carpet. From what I heard from the plumber, there was a stoppage in the second story unit. This caused the third story unit's water to not drain. The third story unit used a plunger and other additives to resolve the plumbing situation and turned on the water. In the end, the second story's stoppage and third story's water caused water to rain into my unit. This is a common pipeline.



I would like to know who is responsible for the damage: second story, third story, or HOA.



Please let me know how I should proceed in recovering for the damages. I have homeowner's insurance, however my deductible is quite high and I do not believe I am liable for the situation.





Repair and Maintenance: Water Flood from Upstairs

Deprivation of Civil Rights: Detained for Not Having Receipt

My question involves civil rights in the State of: California. I purchased a few products from Walmart a few days ago and lost my receipt. As I was leaving the store, I told the security guards that I could not find my receipt. They insisted that they needed a receipt. They even looked in my bags. Finally, they ordered me to go back into the store and clear everything up with a store employee. I did that and was allowed to leave. I complained about this to Walmart s corporate office and later received a call from the store manager saying that the security guards had a right to see my receipt, search my bags and take my merchandise from me for not having my receipt because it's store policy. I don't believe him at all and am planning on filing a lawsuit for unlawful detainment. Do I have a strong case?





Deprivation of Civil Rights: Detained for Not Having Receipt

Interstate Issues: Legal Basis/Authority to Appeal from State Supreme to 9th Circuit Court of Appeals

Hello Experts!



(Could not find a Hague Convention classification, nor abduction; "Interstate Issues" was the closest I could find.)



Question : If/when the Washington State Supreme Court renders a decision, can this decision be appealed to the 9th Circuit Court of Appeals? Or, must this case be escalated to the U.S. Supreme Court? Could someone point me to the Legal Basis for such an Appeal, (FRCP, etc)?



Background :



My family is embroiled in an International Hague Convention Child Abduction Case ...



The 9th Circuit Court of Appeals has already ruled favorably regarding all issues of Law raised in this case, but State Courts have so-far set aside these precedents.



The case is currently being litigated before the Washington State Supreme Court. However, and obviously, the wrong standards of law have been applied in this case, (the UCCJEA), whereas under the Hague Convention Rights of Custody to Determine the Residence of the Children should be analyzed under Quebec Law, (where the Children were removed from).



The Washington State Supreme Court recently denied a motion to submit an Amicus Curiae Brief--from the Quebec Minister of Justice, on the grounds that neither the Appellant, (a Pro Se Litigant), nor the Amicus Curiae, are authorized to prractice law in Washington State, nor had a relationship with such an attorney.



The Case in question is 91308-1, and the the Petition for Review is available on the court web site.



Thank you!





Interstate Issues: Legal Basis/Authority to Appeal from State Supreme to 9th Circuit Court of Appeals

Suspension and Revocation: License Being Suspended Because of Failure to Appear in Court

My question involves a driver's license issued by the State of: CA (LA County)



So I had a fix it ticket which I fixed like over a year ago. The court date was scheduled far ahead, and I forgot and missed it by 1 day.



I received a notice my licence will be suspended on May 8 2015. I either have to pay $1085 (22.5 times more than the $50 fix it ticket btw), or wait until September 21 (4 months after license suspension) to see the judge.



If i wait, I risk driving without a license and more fines, if I pay, I cant see the judge.



Chatsworth Courthouse doesnt hand out DMV Abstracts anymore.



Will my license still be suspended or can I wait until the court date?



Please help





Suspension and Revocation: License Being Suspended Because of Failure to Appear in Court

Extradition: Extradition from Another State (Wyoming to Colorado) - My Recent Experience

My question involves criminal law for the state of: Colorado and Wyoming



I had three warrants for my arrest. They were FTA Contempt (Child Support - which is a Civil Matter) in Larimer County Colorado (Fort Collins); Failure to Report to Probation (after 3 years of perfect attendance and completion of all classes, fines, fees, etc. in Larimer County Colorado - which was on a Misdemeanor - so it is a continuation of the Misdemeanor matter); and F5 (Felony) Theft in Lakewood, Colorado which is in Jefferson County.



I was in Wyoming when I decided to turn myself in to face these warrants. I chose not to travel to Colorado for fear that I could be picked up while traveling to turn myself in and then I wouldn't be able to convince anybody in the Courts that I was on my way to turn myself in. "Yeah right, buddy, we believe you."



The County in which I turned myself in was Laramie County (Cheyenne, WY). I went to the Laramie County Detention Center and announced to the people at the front desk that I was there to turn myself in for three (3) warrants from Colorado. They checked their computer and advised me that the Civil Contempt FTA and the Misdemeanor Probation Violation were not Extraditable. I had read on these forums that typically things that aren't Felonies are not Extradited.



To be clear, Cheyenne is in Wyoming in Laramie County and is only approximately 40 miles away from Fort Collins, Colorado which is in Larimer County. Also note that the two Counties are adjacent... although separated by the State Line.



The F5 Theft was, of course, Extraditable. I knew this going in. I knew I would be taken to Jefferson County Detention Center in Colorado and then I would also be shipped up to Fort Collins if I wasn't able to post bond. By the way... My initial bonds were $7500 cash/surety for the F5; $500 cash for the Misdemeanor Probation Violation; and $300 cash for the Contempt (Child Support).



It took six (6) days for Wyoming Deputies to ship me to Weld County Detention Center (Greeley) where I stayed over night. The next morning, Weld County Deputies took me and some other detainees on a trip to Jefferson County with a quick drop off in Boulder County. I had a bond hearing the next day in Jefferson County and because I turned myself in, the Judge lowered my bond to $3000 Cash/Surety. That wasn't necessary, but was nice. It was done in video court and I saw him raise bonds for others who hadn't turned themselves in.



I then had to wait through the weekend for my friend to have time to go to the jail and meet with the bondsman to post my three bonds. Had he not also posted the Larimer bonds, I would have been held until Larimer picked me up... probably a few more days to another week before that would have happened.



So... I spent a total of 12 days in jail. I got my bond reduced in Jefferson County due to turning myself in. The other bonds were already posted, so there was no need to ask that those bonds be reduced, but I bet that it is possible that they could have been reduced if requested.



Now I have to go through the various processess... for the F5, I have an upcoming Disposition Hearing at which time they might offer the first plea bargain or might choose not to prosecute... (positive thinking). I just went to my Contempt Advisement and they set the Court Date four months from now. So I have four months with my attorney to negotiate a settlement and to attempt to get into the good graces of Child Support Enforcement and Larimer County. Soon, I have my Advisement for my Misdemeanor Probation Violation and I'm assuming the Court date will be set for anywhere from 2-4 months from now.



All in all not to too bad. The point of this post was to help share an actual real, recent experience with regards to extradition in adjacent counties across state lines in close proximity as well as to share the fact that in the whole scheme of things it really didn't take very long to get back out of jail and not have to look over my shoulder.



I would recommend to anybody who is facing a warrant to just turn yourself in and get it over with. It's not worth it to put it off. Imagine if you have a warrant and get a girlfriend or married or have a child and maybe get a great new job... that can all go away pretty quickly if you get picked up... and then you're gonna have to start all over. Hope this helps somebody make some good decisions.



Best wishes





Extradition: Extradition from Another State (Wyoming to Colorado) - My Recent Experience

Non-Compete Agreements: Non-Compete Where Customer is Not Direct Client

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



I am working as sub contractor for Company A and my employer is E. I have a service agreement in place with E which states the following:



The Employee agrees that he will not accept employment on a full or part-time basis, or enter into any contractual or consulting arrangement with the Customer (Company A) or the Customer’s client, either of whose identity became known to the Employee or with whom the Employee had contact during the course of his employment with the Corporation, during the period of the Agreement or within the two year period following the Termination Date without the consent of the Corporation and the payment by the Customer or the Customer’s client, as applicable, of an agreed upon finder’s fee . Employee agrees to notify the Corporation if the Employee is requested by the Customer during the term of the Agreement or within two years of the Termination Date, to continue providing services to the Customer (Company A) subsequent to the Termination Date.





Now, if I wish to work directly for Company A, what are my options. Please note, there's is no contract between Company A and Employer E. I'm subcontracted through a mid-vendor, to prime vendor, to company A.





Please advise.



Thanks!!





Non-Compete Agreements: Non-Compete Where Customer is Not Direct Client

Land Use and Zoning: My Legal Fees Are Enormous and Growing

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



Thank you all in advance for your time . . . OK, I appeared before a local (municipal) Board of Adjustment, seeking a variance in order to extend an existing 10’ wide room out another 5’. This existing rear room extension is on the property line with 0’ setback because the neighborhood is comprised of brownstones which share common walls. Also, my entire lot’s width is only 20’.



As an aside, all my neighbors are already extended further out than even my extra 5’ would bring me.



The entire hearing boiled down to the Board stating that I could extend out 5’, but only with 3’ setback. Their explanation is that because I must maintain the alley way between the buildings, there could be no obstructions on the property line which would in any way impede firefighters, emergency personnel and all their equipment from entering the back yards. In other words, I must maintain the alley way via the 3’ setback because of Fire Safety reasons. The only problem is that – as I repeatedly told the Board – there are no alley ways to maintain! We are connected brownstones.



Because the property’s entire lot width is 20’, along with the fact that the setback would greatly infringe upon the kitchen patio & sliding doors on the other 10’ of the lot’s width, I told them that the setback is not a feasible option. The Board then denied my variance.



I filed an appeal, which according to the “Land Use Law” requires the filing of a “Complaint in Lieu of Prerogative Writs”. According to the law the municipality must provide the Transcript of the hearing which the Judge then relies upon as the cornerstone of any such appeal.



The town could not produce any transcript of the hearing, as it denied that it told us we had to maintain the alley way.



I was compelled – at considerable legal expense – to, with the Judge’s help, attempt to reconstruct the variance hearing for the court.

In the end, the Judge decided to remand it back to the Board of Adjustment for a rehearing.



Within our complaint, however, we asked the Court to award us our legal fees, aside from the legal costs of the original variance hearing involving the mailings, lawyer, etc.



We simply asked the Court to award us our legal fees because we couldn’t originally “exhaust all administrative options” with the town without the Transcript. Additionally, we had to spend weeks of filing certifications for the Court, as well as appearing before the Judge in order to reconstruct a non-existent Transcript. Finally, because the Board of Adjustment did not do their due diligence in recording the proceedings (they told me their secretary was out that evening) as required by law, I now must further pay for the lawyer, mailings, witnesses, etc. for a new hearing.



The Court’s Decision to remand makes no mention of any legal fee award, the Judge’s clerk keeps telling us that the Judge is away and we can’t get any explanation from our lawyer or anyone else.



QUESTION: What can I do to recover at least some of my legal fees?



Again, I sincerely thank you for your time & wisdom.





Land Use and Zoning: My Legal Fees Are Enormous and Growing

Adoption of Children: What Happens if You Can't Afford Trial in Termination of Parental Rights

My question involves adoption law for the State of: CA

I have filed for termination of parent rights based on the grounds of abandonment to adopt my step child. The parent is aware and does not consent, but I have no idea if the parent will show up to the hearing or if they will just ignore it. If the parent contests, and it goes to trial, what happens if I can't afford to support the step child and the bill to prove the parental abandonment? I am the only one providing financial support to the step child.



And yes, I know, I should have thought about this as a possibility when first turning in the papers for this. And I did, and put money aside just in case this did turn into a court room brawl. However, I was recently informed the step child needs surgery, and I am afraid that I will not be able to afford both (since I have no idea how much money either will cost in the end).



My attorney is very confident that this case "speaks for itself", and doesn't expect it to go to trial even if the parent doesn't consent. But you never know what the judge will do, so does anyone have advice on what my options are at this point?



Other facts (sorry if they aren't relevant): My husband doesn't have income as he is a student and stay at home dad. He filed for child support when mom had confirmed employment, but she quit her job before the hearing and no child support was ordered, other than for mom to find medical insurance for the child. That never happened.





Adoption of Children: What Happens if You Can't Afford Trial in Termination of Parental Rights