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  2. The correct price. They are not bound by an employee's mistake.
  3. Yesterday
  4. I bought a chevy Blazer about a month ago. I put it in the shop on march 13th and they just called me to notify me that the work on it has finally been completed. I was told over the phone that the total cost would be $1600 or thereabouts. They call back about 20 mins later and tell me that the new guy at the front desk made some mistakes and that the total cost woud be nearly $2000...I understand that mistakes can be made by new employees, but in this case, which price are they (the shop) obligated to honor? thank you
  5. Thanks for your prompt answer ! answer 1: it is out of the question; no other property to equalize. answer 2: that is what worries me and therefore have not pull the trigger yet. my hope is with only one issue in dispute, the time and cost should not be that long & big ! I hear that national average cost for divorce is about $20,000, maybe higher in the bay area, let's say $45,000 ? but that is normally with custody issue ! answer 3: that is what I am most interest in; let's say if the court could order the sale within a few months and divide the money 50/50, then there won't even be any dispute ! could anyone with some legal mind provide me with more detail information on this ? As to what she wants, she wants a divorce, she wants the house we currently live in unsold , and she knows it very well that she can not get more that 50% of the community property by law ! talking about unreal thinking and illusion !
  6. 1. Unless you have sufficient community property such that the person who doesn't get the house can have other community property to equalize the asset split, there probably isn't any alternative. 2. Timeframe is anywhere from six months to two years or more. A judgment in an action for dissolution of marriage cannot be entered until at least six months have passed from the date of filing. Depending on how vigorously you litigate, there is really no upper limit on how long it could last, and the same is true with cost. You could end up spending all of the equity on lawyers. 3. Yes. Out of curiosity, what does your wife propose be done with the marital home?
  7. Ok, you have now had two attorneys say 1 year and two attorneys say 2 years. I suppose now is the time to pay an attorney in your state to break the tie.
  8. my situation: long term marriage of 30 years, one adult child of 20 years old ( thus, no custody issue ), low to middle income ( about $1000 monthly from social security for me, and she is making about $3500 per month ); and we do not have much in saving and other financial accounts. The only big asset we have is the residential house in the San Francisco Bay Area, which is a marital property with both our names that we bought 10 years ago ( community property ). It has big equity and small mortgage; therefore ,buyout or refinance is not an option for us ! The most ideal solution for me is : to sell the house and divide the proceeds 50/50 and then file an uncontested divorce & get on with our own life; She also wants a divorce, but does not want to sell the house ! My question: 1). if I go to court, the judge eventually will order the sale of the house and divide the proceed equally, right ? 2). assuming this is the only issue in our divorce, what would be the timeframe and the total cost ( attorney fee and cost ) ? 3) could I petition the court to order the sale of the house at some early stage of the case, instead at the end ? I am pretty well inform of the basics of the laws regarding divorce in this state; any answers, comments, suggestions would be greatly appreciated !
  9. Thanks a lot
  10. You can do lots of things, including sign on at the $1k rate or move (or, if your landlord will allow it, you can stay on as a month-to-month tenant, but your landlord can increase the rent at any time by giving whatever notice is required under your state's laws). What you cannot do is compel your landlord to enter into a new lease at the $800 rate.
  11. Not really sure what "this" might be. It sounds like the agreement was that you would make certain payments and that, once those payments were done, your ex would transfer title to your daughter. You seem to indicate that you made the payments as agreed but that your ex didn't transfer title. If that's the case, then your daughter could sue for specific performance (although that may be a bit difficult unless there's a clear written agreement). Whether that can be done in small claims court depends on the laws of your unidentified state. I disagree. The promise to transfer title appears to have been made in consideration for the OP's agreement to make certain payments. That's a promise supported by consideration -- i.e., an enforceable contractual agreement.
  12. Thank you both for your insight. It has been appreciated. I spoke to two (2) attorneys regarding this matter, and both, under Title 59:8-9 Notice of Late Claim, informed me that I had two (2) years to file my claim. Title 59 8.9.pdf
  13. So legally I can't do anything?
  14. No. It's a non-issue. That the person who called happened to be the spouse of one of the jurors on the case is nothing but a coincidence. Yes, it was. No.
  15. For what? You have nothing to sue for. Every nickel you have paid toward this car has been to RENT IT from your ex. Neither you nor your daughter have any ownership claim to it. His "promise" to sign it over to her is not enforceable. It's a promise to make a gift and those types of promises are not enforceable when the donor reneges. I suggest you tell your daughter to resign herself to the fact that her father is an ahole and she can't have the car anymore. She can ride a bike around campus like thousands of other students do. Then tell your ex "It's YOUR car, YOU go get it, daughter will have the keys and the car ready for YOU to pick up when you get there." Let him be the one to take it away from her face to face and you don't get in the middle.
  16. As Legal writer 1 pointed out, the statute permits the court to authorize a late claim within 1 year, not two. Unless you have authority authorizing the judge to ignore the law, closing the file after only 1 year was proper.
  17. I think you aren't going to accept anything that two lawyers tell you and you're just going to keep ranting about it with no end in sight. Answer me this: You borrowed money on 8 different occasions, right? You have 8 different numbered loan accounts showing on your credit report, each with a different loan date and amount borrowed, right? You get a statement every month showing all 8 accounts, their account numbers, and their current balances, right? And the statement allows you to make one payment to cover all the loans, right/ When you look at your credit report do you see a 9th item showing this monthly statement or do you just have 8 accounts showing on your credit report? I don't know. $1.25 to each loan. Or maybe it's prorated based on the balances. You tell me. You ought to be able to figure it out by looking at the changes in each of the balances each month. Bad example, irrelevant. Not even close to a valid comparison but no surprise that you came up with it. What you aren't understanding (and apparently don't want to) is that you don't have ONE account, you have EIGHT accounts and all your ranting isn't going to change that.
  18. One morning during a murder trial, the judge went on record (outside of jury's presence) that the night before (after the defendant had been left the courtroom) the judge had been told by the jury staff that the spouse of a case juror had called in wanting to also do jury service. This juror's spouse had gotten a notice and initially sent in a reason to be medically excused but now changed their mind and wanted to be on a jury. The judge said that he'd contacted the parties as soon as he got this info, but that as the contact to the court was not from the juror sitting on the case, and because there was no statement from the case juror but only from the spouse who is not involved in the trial, that he was merely noting it for the record, but that it was not an issue. The defendant asks if this action by the judge and parties is proper for a couple of reasons: He believes his presence is required in all situations in which information pertaining to the jury is discussed by the parties; even initially, and that the judge meeting with his Public Defender and the State to advise them of the information was improper in his absence. Particularly since the information was not an urgent matter and could have been entirely presented the next morning when everyone was present. Even though his Public Defender was present in his behalf, his PD did not later inform him that this had occurred. He is also concerned that the judge and parties basically minimized this event for the record and that the discussion between the parties was probably not memorialized any place so he has no real assurance or way to find out the specifics now about what really happened. Is the defendant correct that this matter should have been handled on record with him present at the outset and is this an appeal issue? Secondly, during the trial, the court decided that because he is in custody, that he could not accompany his PD whenever the parties conferenced in the backroom outside of the presence of the jury, because 2 security officers would have to also accompany him and that would make him look bad in the eyes of the jury. The judge said that, instead his PD would fill him in after as to what happened. The defendant wonders if this too was proper, because he does not believe it would have been necessary for the two security officers to accompany him to confer with the other parties, and secondly, as the trial went on, his PD only advised him of what happened in conference the first two times and then after that just kept telling him each time that "it wasn't anything important". The defendant wants to know if this is now an appeal issue for him? Third, the defendant believes the jury perceived that his PD physically disassociated from him at the counsel table. The PD seated the defendant at the end of the table with one seat between them occupied by the 2nd chair PD, unlike the course of the case up to then with the defendant in the middle. Then during trial, the 2nd chair PD ignored most of the comments and notes the defendant tried (in a low-key manner) to get him to pass to the PD. Throughout the trial, the PD did not solicit his imput and rarely even spoke to him. The defendant asks if this is also an appeal issue for him? Although this was a murder trial, the defendant had a minor felony record and no prior violent convictions or behavior. The defendant appreciates your help in answering his questions.
  19. I didn't read anywhere that post were required to be fascinating news. If it isn't of use to you, that's fine. It may be of use to someone else.
  20. It could be of interest to people who routinely buy real estate. Additionally, many people view this site for answers who are not members. The law is driving a lot of conversation throughout the state because it's another recording increase. Also, I did select the state tag of New Jersey.
  21. Any particular reason you felt the need to share this (quite-a-bit-less than) fascinating news?
  22. Neither your original post nor your follow up post address the following:
  23. This may be interesting to attorneys practicing in New Jersey and do real estate work. But it is unlikely to be of any interest to anyone on this site. (Fairfax County, Virginia, where I practiced for many years, started this type of requirement probably fifteen years ago.)
  24. Effective May 1, 2017 all land recordings submitted must be accompanied by a cover sheet. The new cover sheet contains mandatory indexing fields which are to be completed by the submitter. The cover sheet is part of the submitted land record and is included in the calculation of recording fees for documents with booking and paging fees ONLY. There is no additional fee when recording flat fee instruments. Failure to submit a cover sheet with all land recordings will result in a $20.00 indexing charge per N.J.S.A 46:26A-5. Cover sheets are specific to the county where the document is being recorded. Most c=of the county websites in the state have already uploaded their county specific cover sheet. Why is this important? The cover sheet adds an additional $10.00 to the recording fee. There will be a $20.00 indexing fee charged if a cover sheet is not included.
  25. RetiredInVirgina, Exactly my point. My claim has not been filed because the State of New Jersey archived my 'granted' application/motion to file a 'late Notice of Claim'; therefore, to answer all your questions, (1)'my claim has never been able to arise'; (2)the basis of the claim is five (5) counts of breach of contract and three (3) violations of N.J.S.A.; (3)the authorization/granting of the late notice of claim is irrelevant; because, it was wrongfully archived before the end of the two (2) years allowed for me to file the late 'Notice of Claim'; (4)I mean, that, in some unexplained way, my authorized/granted motion, which allowed for me to file the Notice of Claim for up to two (2) years was 'archived' (put on a shelf as if the case was finalized); (5)no, I am not confusing the statute of limitations. I have not had a chance to file the 'Notice of Claim' to proceed. In order to sue the State of New Jersey, you must first file a 'Notice of Claim' with the New Jersey Department of Treasury. I have yet been able to do so; because, the state 'put my authorized/granted motion' in the archives before the two (2) year grace period for me to file expired (as per the granted Order from the Judge). To provide clarity, the Order allowed for me to file the Notice of Claim within two (2) years; yet, the State of New Jersey archived the Order before the two (2) years expired (without following proper procedure according to the law - Title 59); thus, violating my rights under Title 59. I hope this is clear.
  26. Your post is difficult understand. When did your claim arise? What was the basis of the claim? When did you file the late notice of claim? When did the court authorize the filing of the late notice of the claim? What do you mean by "archiving" the claim? Are you confusing the statute of limitations with bring the necessary suit with the time limit for filing a notice of the claim?
  27. You have not indicated whether all of your loans are from the same lender. If there is more than one lender then it would be entirely proper to report the default on each loan separately. The entity to which you made your payment in probably a loan servicer, not a primary lender or creditor.
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