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  1. 2 likes
    Don't believe everything you see on the Internet, but believe this: In every state in the US, in matters of custody, child support, and parental rights, the court's paramount consideration is the best interest of the child. In the eyes of the law, it's considered in the child's interest to have two parents. For this reason the courts require a compelling reason to terminate one's parental rights and obligations, and will do so only under highly unusual circumstances. The two circumstances that come ready to mind are first, that another person is willing to step forward and assume all parental rights and responsibilities in place of the biological parent in a valid adoption procedure, and second, the biological parent, by his or her actions constitute a credible threat to the child's health and/or safety. You don't say anything about why your child's biological father's rights were terminated previously, or even how you know that statement to be true, so I can't comment on that. I can only say that based on the information you provide in your post, the odds of the court's granting termination of his rights and responsibilities with respect to your child, absent an adoption, are slim to none. As for his refusal (or inability) to pay child support owed to you, there are legal tools available to you to enforce collection. A local family law attorney can explain how New York's laws apply to your particular circumstances and help you get started with the process. Good luck!
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    The first, and most important, thing that I suggest YOU do is contact the Columbia County GA Probate Court and have them look for the case file under your name or your name. If there is one you will need to order a complete copy of the case file, every document in it. http://w3.georgiacourts.gov/counties/probate_county.asp?county=1280&Submit=GO You'll need to pay for it so if you don't have a credit card or checking account you'll have to use a money order. If you are suspicious of your Dad, I suggest you have it sent to a trusted friend so your Dad doesn't see it. It is critical that you have that file as a starting point. Without it you'll be asking the wrong questions of the wrong people and get nowhere. For all you know, the guardianship could have been temporary and expired long ago. Wouldn't hurt to also call the Tarrant County Probate Court (there are two) and check for your name: http://access.tarrantcounty.com/en/probate-courts.html
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    This was an ongoing argument between two individuals. Basically, it spilled over onto FaceBook and a video was posted when one of the guys (Guy A) stopped by the other guys house (Guy B ) to confront him about all of the lies and slander that he was posting. Guy A had tried everything possible to get guy B to stop posting slanderous posts. The police did not help, FB did not intervene even though it was reported, and no one could seem to offer any help to guy A. Finally, it blew up and guy A confronted guy B. Guy A did post the confrontation on FB and I assume that's where the simple assault charge comes into play. But, while waiting on the court date while out on bail, both are banned from ANY form of social media. The judge has said any violation, even opening the app, would cause a revocation of bond. Your thoughts?
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    Thank you pg1067! If it's not a small claims issue I will probably be back. I really appreciate this website and the answers I have received and the time you took out of your day to help me with my issue.
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    Your problem is not with the school. It's not their job to make up for your ex's inability (or refusal) to communicate by duplicating notifications. Your problem is with her. If she is violating your custody order by withholding information concerning your child's schooling, you can take action to enforce the order in court. If your custody order is silent or vague on the matter, you can petition the court for clarification. Consult local counsel.
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    You don't have that luxury. With your medical and physical debilitation that can be presumed to be caused by the day care, you are going to have to be the poster boy for the crusade against it. Did you get a copy of her application yet? You need to do that ASAP. There's no way to fight what she wants until you know what she wants and you won't know that without a copy of the application.
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    You didn't ask a question, so I'm not really sure what sort of response you're expecting or seeking. A threat by your 16 year old child "that she will take [you] to court" is nothing but a bunch of nonsense being spouted by someone who clearly has no idea what she's talking about. I agree with the suggestion given in the prior response.
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    She cannot terminate your parental rights and you are entitled to use the SS checks as you reasonably wish. Tell her you are ready to go to court. provided it is not a criminal court when she gets arrested.
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    An online discussion of your personal NIMBY (Not In My Back Yard) objections won't do you any good. Now, about those neighbors. Looks like about 50 neighbors along Main St between Walnut St and Lackawanna Ave. If "none of the neighbors" want the day care approved then you should have no trouble collecting $100 from each of them. That gives you $5000 for a lawyer. Those neighbors should have no problem, as a group, submitting 50 individually written objections to the board, followed by all 50 of them, the lawyer, and you (in your wheelchair) attending the hearing to voice their objections. Here's why I put that paragraph in bold type. If you CAN'T make that happen, then the day care WILL very likely be approved and you'll just have to live with the inconvenience which, truth be told, I can't see being all that serious compared to the vehicle traffic that I already see in the photo of your street, nor the noise any worse than the train going past the back of your house which appears to be at the end of Little Brown Street right up close to the railroad tracks.
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    There doesn't have to be a will to administer an estate. When your father died there came into existence something called an estate. It is composed of everything your father owned when he died and it is subject to paying any debts he owed at the time of his death. If he owned a house and the expenses if his last medical care cannot be paid out of the estate's assets (accounts, cash on hand, personal property) then the house may have to be sold to pay the debt. You should apply to be the administrator of your father's estate so you can collect his assets and settle his debts. You will not be personally liabble for your father's debt. And, yes, the nursing home can put a lien on your father's house.
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    The estate may very well owe the debt. It does not disappear once the person is deceased. You and the estate are not the same entity.
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    Looks like the building is on Main St., not where the owner "lives". If the building is zoned for a day care there isn't much you can do. Attend the hearing and share your concerns. Your other option is to move to a home that isn't right off Main and not near a commercially zoned building.
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    Here's a list of zoning variance lawyers that came up in a search. Not to be construed as a referral or endorsement of any. http://www.lawyers.com/zoning-variance/duryea/pennsylvania/law-firms/ But spending thousands on a lawyer might not stop this unless you and ALL of your neighbors submit written objections prior to the meeting and then you and ALL of your neighbors attend the meeting and voice your objections. I suggest you get a copy of her variance application so you can see what she is planning to do, specifically, how many children she expects to have in attendance. I also suggest you study the Luzerne County Zoning Ordinance and learn how variances and the board work: http://www.luzernecounty.org/uploads/images/assets/county/departments_agencies/planning_commission/LC_ZoningOrdinance 081012.pdf
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    What was the source of the police report. Someone must have seen the accident to support that statement. Helmets may be discontinued because of stylistic changes. If the helmet was recalled because of safety concerns that would be a different story . Try https://www.consumeraffairs.com/motorcycle-and-bike-helmets. Realize, however, that no helmet can guarantee survival in a motorcycle crash.
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    Might not be irrelevant. Here's something you need to check on. Generally, when somebody applies for life insurance, they get a conditional receipt that says once the underwriting requirements are met the policy is issued to be effective the date of the application. If he applied for the life insurance before the accident, got a conditional receipt, and qualified for the policy, the policy might have been effective prior to the accident. Find all the papers that were involved in the life insurance purchase and see if there is a conditional receipt in them. Another question. Did your fiance have Uninsured Motorists coverage on his bike? Assuming that the other driver/vehicle can't be found the answer to that question could also be important. Find his bike policy.
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    You reported the death of your fiance in your post of April 23. That's a month ago. So his death would have occurred even before that. It's possible that any video would have been recorded over itself many times since then unless the churches had a very sophisticated digital recorder with a large capacity hard drive. I suggest you go visit the people in charge of the churches and see if any videos are even available. If an attorney is willing to sue the manufacturer of the helmet, he should be able to subpoena if from your fiance's mother and the court will compel her to turn it over.
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    A valid will requires evidence of testamentary intent (i.e., the document itself much show an intent to dispose of some or all of the maker's property upon death), the signature of the testator, and two witness signatures. That can't be done legally (unless the POA confers that power to the agent/attorney-in-fact). Moreover, the authority conferred by a POA terminates upon the death of the principal.
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    If you're using your employer's property to engage in personal communication (which is beyond a bad idea), yes, your employer can monitor those communications. In person communications are a whole different thing because you're not using your employer's property to engage in the communications. That you happen to have your employer's communication equipment in your home does not give your employer the right to essentially bug your home.
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    One thing I can tell you is that if you received a pay out of five weeks vacation, you received five weeks more than either Federal or Georgia law requires. You will have to take your print out and any associated documents to a Georgia attorney who will be able to tell you if first, the agreement for six weeks is enforceable and if it is, whether or not you have waited too long to enforce it. Georgia is not known for being employee-friendly.
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    To prove that your therapist was guilty of malpractice you would have to prove that the fact that she continued to take lessons from an individual you accused of battery somehow affected your treatment. Clearly, your discovery of the continuing interactions between your therapist and the yoga teacher has ruined your relationship with the therapist, but how would you prove your treatments would have been different if the therapist did not continue to take lessons from the yoga instructor? To put it another way, if you never discovered the relationship between the therapist and yoga teacher would you feel your treatment did not meet the standard of care due you from therapist. Your complaint amounts to a reaction to what you perceive is a breach of trust. You obviously had developed a deep emotional attachment to your therapist. Discovering that she had violated that trust has, of course, caused you great trauma. But violating that trust does not prove that you were not receiving competent counselling services up to the point you discovered the breach of trust. So, it does not sound as if you have a viable malpractice case. It is also questionable as to whether a licensing board would find the continuing relationship between the therapist and the yoga teacher an ethical violation. Patients generally do not have the right to regulate the behavior of their health care providers outside the professional reĺationship. I would point out also that you have alleged an improper battery by the yoga teacher but the allegation has never been factually proven.
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    You had no written agreement at all. You didn't hire nor insist on speaking with the contractor doing the work before it was actually performed. It sounds like you didn't discuss a lot of things with this neighbor, but rather handed over a large sum of money and made a lot of assumptions about how construction would be performed, what materials were being used, building standards, which way the fence would face, etc. A lack of due diligence on your part does not constitute fraud on theirs. Neither does it matter that the neighbor is a realtor, nor that he knew this contractor before the work was performed. I would hope anyone hiring a contractor to perform thousands of dollars of work would use someone they knew and whose work they had seen previously (if possible). You have zero damages. You think this fence might not last, but it is unclear on what you base this belief. I assume you are not a craftsman yourself, or all of this would be an non-issue. What you have is a new fence, that must in some way, be an improvement over the old one. If there was nothing wrong with the old one, why pay to replace it? If you were not willing to cede all control to your neighbor, then you should have insisted on being part of the design process or selection of contractor, or had a written agreement outlining those things you felt were non-negotiable. If you just hand your neighbor a check and tell them to take care of all the details, that is exactly what they will do. Complaining afterward that you do not like the choices they made is too little, too late.
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    The Davidson County Drug Court Residential Program (DC4) is a long-term residential drug and alcohol treatment facility, which operates under the direct supervision of the Division IV Criminal Court in the 20th Judicial District of Tennessee Offenders may be referred to the program by the public defenders office, a private defense attorney, the Community Corrections Program, or upon successful completion of an in-jail treatment program. The Drug Court Assessment Team assesses all eligible referrals in order to determine whether or not placement in the Residential Program or Intensive Outpatient Program is appropriate. If placement is deemed appropriate, a recommendation is made to the court to admit the offender into the appointed program. All offenders entering the program are supervised by the Davidson County Community Corrections Program (DCCCP), which is administered by the State Trial Courts and funded by the Tennessee Department of Corrections . Each offender receives a chemical dependency, educational, employment and medical assessment. An individualized treatment plan is developed for each offender based upon the above assessments. The program strives to assist the offender in overcoming his/her addiction, eliminating criminal behavior, developing life skills, obtaining vocational training, completing basic education and attending to other specific needs.
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    Being a realtor does not make a person savvy in legal matters. What does "joint fence" mean? Is the fence right on the property line or on one side or the other? Is your agreement in writing? Does "he" refer to your neighbor or the contractor he apparently hired? Do you have any basis in fact for your doubt? "Originally"? Meaning the old fence? Are these details spelled out clearly in a written agreement? A receipt is evidence of a purchase. It is not an agreement (except perhaps between the buyer and seller identified on the receipt). Nothing in your post suggests you have any valid claim against any contractor. You apparently did not have a contract with this contractor. Correct? Did the contractor commit some sort of negligence that resulted in damage to you? If you didn't have a contract with him and he did not commit any negligence, then on what basis would you sue him? I have no idea. It's not entirely clear what you're suing for because the terms of your agreement with your neighbor aren't at all clear. If your agreement was that you would pay half the cost of a "Type X" fence and you paid the agreed amount but got a "Type Y" fence instead, then your damages are half of the difference in value between a "Type X" fence and a "Type Y" fence. One way to prove the difference in value might be to obtain a quote from a contractor for a "Type Y" fence.
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    My opinion: You'll be wasting your time and your money by suing. If I'm reading you correctly, you didn't have a written agreement with the neighbor as to the specifications, you didn't review any plans or sign off on them, you have no way of proving how the fence should have been put in. Did you even watch the job while it was being done? As for your concerns about longevity, there's no way that you can prove your speculation that the fence won't last. I know something about fences, having put up several myself. 8' panels are quite common and sturdy. A 6' fence with an 8' post means that the post is buried 2'. Did you measure? As for your neighbor getting the pretty side, had you watched the construction you would have caught on to that the minute the contractor started to install the panel and you could have put a stop to it right then. Though I expect you'll have an excuse for not watching. Sorry, but I think you have nothing to sue for and will lose. As for your first question, yeah, it was stupid to trust the neighbor and pay up front without exercising any control over the situation. Google "Trust everybody but cut the cards" for an explanation of that philosophy and chalk this affair up to experience.
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    It means full title to the home passed to you, by operation of law (i.e., more or less automatically) upon your husband's death.  In other words, his interest in the home is not part of the estate and not subject to his creditors.
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    Somewhere on there it should say something like the following: "Otto Owner hereby grants all title right and interest in the above-described property to John Homeowner and Susie Homeowner, husband and wife as joint tenants with right of survivorship" or ". . . as tenants by the entireties." Any mistake made in this process will not ultimately be binding as long as you take appropriate steps to correct it. The estate should be probated in VA, but an ancillary proceeding in MD could be needed to deal with the property there. If you don't know anyone who can provide a referral, try the "find a lawyer" link at the top of every page at this site. Call a few lawyers and maybe even meet with more than one and make sure you're personally comfortable with whomever you hire.
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    Here is the answer from a quick google search: Sending email to a Cricket phone: Your address is [10-digit-phone-number]@sms.mycricket.com. For example, if your phone number is 123-456-7890, your email address would be 1234567890@sms.mycricket.com.
  29. 1 like
    In the language of federal income tax, the word “basis” generally refers to the amount that the taxpayer invested in the property. When you buy property, your starting basis is the price you pay for the property. That basis is then adjusted for certain things you do with the property after you buy it. For example, if you put an addition on the home after you buy it, the cost of the addition is added to your basis. If you rent it out, then the basis is reduced each year by the amount of depreciation you take or could have taken. When you sell the property, your gain for income tax purposes is figured by the following formula: Total sales price - certain costs of the sale (e.g. broker's commissions, etc) - adjusted basis. That is why the adjusted basis matters so much. The higher the adjusted basis, the lower your gain on the sale of the home. When you get a property by gift during the lifetime of the person getting the gift, your starting basis in the property is the adjusted basis that the person giving the gift had in the property. But if you get the property by inheritance after the owner dies, the basis becomes the fair market value (FMV) of the property on the day the owner died. Thus, in the case of property acquired by inheritance the prior owner’s adjusted basis does not matter and instead what you want to do get an appraisal of what the property was worth on the day the owner died. These rules are spelled out in a lot more detail in IRS publication 544 (covering sales of property) and IRS publication 551 (which covers basis). If the home will be your personal residence at the time you sell it, then IRS Publication 523 covers that, including the special rule that allows you to exclude up to $500,000 of gain on the sale when certain conditions are met. If the home will be a rental property at any time during the period in which you own it, you will want to see IRS publication 527, which will tell you how to account for the rental income, how to compute depreciation, etc. For gift tax, what matters is how much he has given away in taxable gifts so far in his lifetime. If he has not yet given away $5.49 million in gifts yet then the taxable gifts he makes now will simply reduce his lifetime credit of $5.49 million. Taxable gifts are the total of all gifts given to any one person during the year that exceed the gift tax exclusion for that year. For 2017 the exclusion amount is $14,000. So, for example, suppose that Amy gives to Becky gifts during 2017 that in total add up to $64,000 in value. Amy’s taxable gifts to Becky for that year are $64,000 - $14,000 gift tax exclusion = $50,000 taxable gift. Amy would need to file a Form 709 to report the taxable gifts and the gifts would reduce her lifetime unified credit by $50,000 if she has not yet used it all up. The problem that arises here is that if Amy has a lot of assets then the gift also impacts her potential estate tax because that unified credit applies to the estate tax, too. The larger your unified credit when you die the more assets your estate can pass to beneficiaries without paying estate tax. If none of the unified credit was used, then a person dying in 2017 can pass up to $5.49 million in assets without any federal estate tax to pay. But with each taxable gift made, that unified credit goes down, leaving less that the decedent’s estate can pass tax free. So if your dad is single and has assets that are close to or exceed $5.49 million then making taxable gifts and reducing the unified credit is something he’d want to plan for. There are gift giving strategies that can be used to help reduce the impact of the gift on the unified credit and thus preserve as much of it as possible to use for estate tax after he dies. No. Gift tax is paid by the person making the gift, and gifts you receive are not income to you for income tax. There might be a small transfer tax that the state or local government imposes on the transfer of the land that either you or your father might have to pay, though. That refers to property tax. Like I said before, the gift might result in increases to the property tax on the land and you'll want to discuss that with a tax attorney who is familiar with local property tax matters.
  30. 1 like
    That is what your attorney is for. All that is needed for an effective waiver of your fifth and sixth amendment rights is that you were advised of your rights, you understood them, and then decided to talk to the cops anyway. You do not have to sign anything to waive your rights (though of course that helps the state prove the waiver if you do). Being heavily intoxicated certainly could render you unable to understand what was going on and thus be unable to give an effective waiver of your rights. Just having some alcohol or drugs in your system is not enough. You have to be so intoxicated that you don’t understand your rights. Under federal law, a waiver of your fifth amendment rights is considered voluntary and thus effective if the waiver is free from police coercion. The U.S. Supreme Court stated: Colorado v. Connelly, 479 U.S. 157, 167, 107 S. Ct. 515, 522, 93 L. Ed. 2d 473 (1986). Some courts have held, however, that if the police take advantage of an obviously intoxicated person that may amount to coercive conduct such that the waiver would not be effective. And in any event, the Tennessee courts take the view that the Tennessee Constitution affords greater protection here than the Supreme Court provided in Connelly. The Tennessee Supreme Court described the rule for evaluating whether the waiver was effective as follows: State v. Echols, 382 S.W.3d 266, 280–81 (Tenn. 2012). But it is not the case that any intoxication will render a waiver and subsequent confession ineffective. “The general rule is that a confession is admissible even though it was made at a time when the accused was under the influence of narcotic drugs or alcohol, if at that time the accused was capable of making a narrative of past events or of stating his own participation in the crime.” State v. Green, 613 S.W.2d 229, 232–33 (Tenn. Crim. App. 1980). Your own statement that you understood your rights and the fact that you evidently understood the questions asked, even though you gave vague answers, will certainly work against you getting the statements made suppressed and make this an uphill fight for you. But without seeing all the evidence on the matter I cannot say that it would be impossible to win. Your lawyer is in the best position to determine that.
  31. 1 like
    Then contact a tax attorney to ask about this. A tax attorney is going to be more experienced in tax matters than a real estate attorney, even if the real estate attorney has some tax knowledge. The main thing for your father is that the gift of the land to you results in a taxable gift for gift tax purposes. If he has not yet used up his lifetime unified credit against gift and estate taxes then the taxable gift will first reduce that credit. Once that credit is used up any further gifts made either during life or in his estate at death will result in tax. There are ways to help lower the amount of the taxable gift and thus reduce the hit to the unified credit or any tax that might be due if your father is in a position where federal and estate gift taxes may matter to him. Currently the unified credit amount is $5.49 million. If he does not have and does not expect to have assets anywhere close to that then federal and estate gift taxes won‘t be a concern. He will in any event have to file a gift tax return (Form 709) even if there is no gift tax to pay. For you, getting the property as a gift during life means that you take the land with the same tax basis that your father had in it at the time of the gift. That basis might be quite low, which would mean a greater gain when you sell it later. Whatever his basis in the property is, get from your father the records to prove the basis. I cannot emphasize this too strongly. Because if the IRS audits you after the sale and you cannot prove the basis then the IRS will assign a basis of zero. I have seen too many clients run into problems because of this kind of situation. Few people, it seems, ever think about preserving the records to prove basis when a gift is made, but it is important. Note that if your father gave the property to you AFTER he died the basis you would have in the property would be the fair market value (FMV) of the property on the day that he died. This basis step up can save a huge amount of tax when you sell the property later if the FMV is a lot higher than your father's basis in the property. If your father is not expected to live a great many more years it might be better off tax-wise for him to wait and pass the property to you at his death. State taxes also come into play here, too. Your member info indicates you are in Texas. Texas does not have an estate or inheritance tax. Nor does Texas have an individual income tax. It does have property taxes, and the gift might result in a change in property tax. You'll want to ask the tax attorney about that. Also, if either you or your father are in another state, that may impact the tax picture as there may be tax to that other state to pay.
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    I recently discovered that I am the subject of an investigation with the DEA, all due to an informant lying on me. I have two questions. First, is there any way that I can get some type of legal help to stop this bogus investigation which has totally damaged my reputation, stripped me of my privacy, and violated my Constitutional Rights? Also, is there any way that I can attempt to take legal action against the informants that are responsible for intentionally giving the federal authorities false information about me which lead to this investigation? Please help. Thank you kindly
  33. 1 like
    Watch this video to find out why that is a bad idea. Then hire a criminal defense attorney. After you get that taken care of you can hire a defamation attorney.
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    No one here is in a position to tell you that you shouldn't get a lawyer.
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    Who was found guilty? You? Someone you know? Some random person? Who are "they"? What does "put all responsibility on the defendant" mean? Apparently, the jury disagreed with your assessment. As far as "monitoring" goes, the defendant is a convicted murderer. Since Illinois no longer has the death penalty, he presumably will be sentenced to life in prison, so yes, he can expect to be "monitored" to a significant degree for the rest of his life. As far as "investigation" goes, anyone can "investigate" anything at any time. Determining whether any particular investigative technique is legal obviously depends on the specific facts.
  36. 1 like
    "Worry" is an emotion, and anonymous strangers on the internet are not in a position to dictate your emotions. As far as legalities, it appears that, in January 2017, you signed a lease for the term commencing in March 2017 and ending in February 2018. Notwithstanding, you move on February 22, 2017 -- before the lease term even began. You apparently paid rent for the months of March and April, and the landlord withheld your security deposit (the amount of which you didn't mention). You have reason to believe that a new tenant began occupying the premises starting around April 15, 2017. As a general rule, when a tenant moves out before the expiration of the lease term, the tenant is obligated to pay rent through the end of the lease term. However, the landlord is obligated to mitigate damages by attempting to locate a new tenant. If the landlord locates a new tenant, that cuts off the old tenant's obligation to pay rent. If, in fact, a new tenant began occupying the premises in mid-April, then you should have been liable for the March rent and half of the April rent. As far as the security deposit, you're entitled to have it return less the cost of any repairs (beyond ordinary wear and tear). If your former landlord is claiming that it was necessary to repair damage and that the amount of repairs exceeded your security deposit and the rent refund, then it's up to the landlord to sue you (or just let it go). If you believe the landlord wrongfully withheld your deposit, then it's up to you to sue for whatever amount you think should be returned. Obviously, you having moved across the country will make this somewhat more difficult than it otherwise would have been.
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    Not all real estate agreements must be in writing. Only agreements for leases with a term greater than a year need be in writing. It is possible for a person to gain tenancy rights by living in another person's home for a period specified by state law. The police hate to get involved in landlord-tenant/squatter's-rights issues. They will probably neither evict a squatter nor enforce the squatter's right - as long as no violence is involved. An agreement to store stuff ina storage building would not give the owner the right to move in.
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    You have a claim, but right now they are dealing with it. The bulk of your damages would be the cost of cleanup, so I would wait and see what they do.
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    There is nothing you can do to speed up the entry of the discharge. By law, creditors have 60 days from the date of the 341 meeting to file a complaint regarding your ability to obtain a discharge. While such a complaint is highly unlikely based upon the info you supplied, the 60 day rule is Statutory and cannot be shortened. Once that 60 days passes, and assuming nothing is filed, and further assuming you have filed the certificate that you have taken the pre-discharge financial management class, you will be entitled to the entry of a discharge. The entry of the discharge, depending upon how backlogged the clerk of the court is, should happen within about a week or so thereafter. As to your attny - Sounds like that in the beginning you did get "clear guidance". You wanted to "save" the vehicle back in 2015. Chapter 13 helped you do that and my guess is that you were facing repossession due to a failure to stay current. Once you decided to surrender the thing that caused you to file a 13 you could have set up an appointment to meet with the attny if she was not returning calls or emails. A face-to-face may have solved the problem sooner. I always advise a face-to-face if an attny fails to respond. Lack of communication is the biggest complaint clients have about their attnys. As a side note - had you filed a 7 in the beginning and somehow managed to reaffirm the car (unlikely if you were in default), you would now be stuck since reaffirming, if approved by the court, means the discharge has no impact. Had you defaulted, the lender would have been free to repo the car, sell it, apply the sale proceeds to the loan and then would have sued you for the balance due. Des.
  42. 1 like
    This is from the new thread that you started on this same subject: You can report what happened to the police, but you cannot file criminal charges. Only the district attorney can do that. However, what you've described is not likely to get law enforcement interested, and you're likely to be told it's a civil matter. You're free to sue her to get back property that is yours.
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    A beneficiary may file a request for special notice. If they do not file, they may not get notice of actions that only require "special notice". If they are named beneficiaries, they should get notice of all actions. It never hurts to file the request.
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    Exculpatory evidence is not presented during the indictment process. Indictment is not a trial. The grand jury merely determines if it is probable that a crime has been committed and that the defendant was the perpetrater. Also, this is the first time I have ever heard of a motion being filed by a defendant to reduce a charge from a felony to a misdemenor. Prosecutors will often file a motion to reduce a charge, but it is almost always in conjunction with a plea bargain. If you want to have the charges reduced, indicate to the PD that you might plead guilty in return for a reduction in the charges. That may be acceptable to the prosecutor. Your conflict with the public defender obviously stems from your misunderstanding of the criminal procedures.
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    Certainly you can argue with you claims rep that the other driver hit a door that was already open and that your opening the door could not have scraped the other car unless it was in motion. However, if the agent decides to pay the claim anyway there is nothing you can do about it.
  46. 1 like
    There are only two grounds for absolute divorce in North Carolina. The first is a one-year separation. You must assert, under oath, that you and your spouse have been living separate and apart for one year. The second ground for divorce in North Carolina is incurable insanity. There is also something called "divorce from bed and board" that can be based on things like abandonment and adultery. I don't know what the practical distinction is between an "absolute divorce" and a "divorce from bed and board," but it appears the latter does not require a one year separation (although it likely would take a year or more to get through such a case). I'm sure you can do some googling to ascertain the difference. That's what it means to "assert, under oath, that you and your spouse have been living separate and apart for one year." If you're suggesting that you and your spouse want to lie under oath in order to obtain a divorce sooner than you otherwise could, that would obviously be a rather moronic thing to do.
  47. 1 like
    Your hiring of an employee is transacting business. You will need to have any state required workers compensation, contribute to UI, withhold FICA, fed and state taxes, probably collect sales tax for anything shipped within Iowa, and have proper liability insurance for your products. Yes, you WILL be transacting business in Iowa. No question about it. If you don't believe me I suggest you hire an attorney and a tax pro in Iowa to advise you.
  48. 1 like
    I apologize. It wasn't necessary to get so defensive about it. I am grasping at straws in an attempt to help the situation, I'm sorry if I broke the rules. Seeing people's stories here has lit a fire under me I suppose- my sister was murdered a year ago, and we have been fighting against absentee fathers for custody since- we are being examined like we are a specimen in a Petri dish (despite crossing every T and dotting every I) while excuses are made and deadlines extended left and right for the "father". The situation is exasperating and feeling very helpless, and it's happening to so many families- with a system so widely renowned as broken, I just feel like it's time to stop being victims and to take steps to try and fix it. If I come across as overzealous, it is not my intention. I will not spam again.
  49. 1 like
    A contract is a contract. Since you claim it doesn't exist anymore, I am not sure why you don't ask the client for a copy. Assuming you don't want to do business with them anymore, that is your decision. But they can then decide if they want to enforce the contract against you.
  50. 1 like
    It depends on which Universal Life Church you are ordained by. The Universal Life Church World Headquarters has absolutely no problems anywhere in the USA. This can be attributed to the fact that they have a traditional doctrine of faith, that they are a legitimate Church and that they have ordaining Bishops with succession and lineage. The Universal Life Church in Modesto started as Life Church. They have no traditional doctrine of faith. ===== Universal Life Church World Headquarters 1825 NW Corporate Blvd, Suite 110 Boca Raton, FL. 33431 Phone: (561)962-0940 FaxNo: (561)962-0946 Hours: 8:30 - 5:30 EST After Hours: Please Leave a Message Email: ulc@ulcnetwork.com Visit Our Website at: http://www.ulcnetwork.com The Universal Life Church World Headquarters as the name implies is a worldwide Religious Non-Profit Organization that extends its reach to the every corner of the globe. Our Boca Raton Offices and Conference Center is located at the intersection of Glades and I-95, near numerous dining options, luxury hotels and fine shopping. Immersed amongst the elite of businesses in Boca Raton. Our World Headquarters is also a "GREEN" building benefiting the occupants and environment. The Universal Life Church World Headquarters defends the unborn, feeds the hungry, shelters the homeless, educates the young, welcomes refugees, and cares for the sick, both at home and abroad. We believe the Bible is the verbally inspired, inerrant Word of God. It is the complete revelation of His will for salvation and the only unfailing rule of faith and practice for the Christian life. We believe the Lord Jesus Christ died for our sins and that all who believe in Him are declared righteous because of His sacrificial death and are, therefore, in right relationship with God. The long and illustrious legacy of this institution is noted for its non-discrimination and acceptance of all faith based men or women who seek ordination as a Non-Denominational Minister and/or as an Independent Catholic Priest. The Universal Life Church World Headquarters offers traditional weekly services, traditional laying on the hands ordination within a brick n/mortar Church or by proxy of the Holy Spirit through the convenience of modern technology. The Universal Life Church World Headquarters also offers weekly services, archived and heard through the Universal Life Church Radio Network. If you wish to become a minister, get ordained or serve as a wedding official we offer instant online ordination as well. Please go to: http://www.ulcnetwork.com =====