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  1. 1 point
    How much more pleasant this forum could be,if only people on here would learn some "tact,"and due respect to others who post here,instead of interjecting their own personal feelings,and opinions,"personally" against the posters. Oh me,just had to chime in with my own two cents worth,so as not to be left out,you know.
  2. 1 point
    Tax_Counsel

    Website

    Yes. The police are not required by to investigate all criminal complaints. Nor does the law require prosecutors to prosecute all crimes that are brought to their attention. The police and prosecutors have the discretion to decide which cases to pursue. If the public does not like how they decide what cases to go after that is a political issue, not a legal one. With respect to child pornography charges against a web site, there are a number of factors that a prosecutor has to consider when deciding whether it will be a good case to pursue. For example, who is actually posting the material to the site? Is it the site operator itself or are others uploading the material to the site? If it is the site operator, does the operator know the material might be child porn and does the site have policies in place to help prevent posting child porn? Is there solid evidence the persons depicted were actually minors at the time the material was made? How old are the kids in the pictures/video? How frequently is the material appearing on the site and how long does it stay after someone brings the child porn to the attention of the site operator? Winning a child pornography case is not easy to do, the prosecutor has to build a solid case against a defendant that every element of the crime has been satisfied. If you want to pursue this, try also making a complaint to the FBI. Federal law also prohibits child porn. Perhaps the FBI might take a greater interest in it than your local police does.
  3. 1 point
    USslang

    Breaking Solar Lease Agreement

    My pleasure. I wonder whether FTC.org could do any good.. they have blogs like trustlink, with ongoing complaints. This is pseudomarketing and must be passed illegal in the US. It's a threat to our nations economy. The more corruption removed the richer country will become. The quick and sound way to remove most corruption is not by punishment, but by rewarding for revealing and removing. (Price of learning) Many may disagree. In future you'll see I'm right about it =)) didn't mean to digress off subject, it's just all connected =))
  4. 1 point
    officerripley

    Breaking Solar Lease Agreement

    Thanks, USslang & good on you for quitting. If a company has that many problems & is getting sued often, that doesn't mean anything other than there is something *wrong* with it & people are smart to leave if they possibly can. (Even if a ship is not sinking, if the captain & other officers are crooks, why in the world would you want to be part of their crew?! How could you even live with yourself?!)
  5. 1 point
    USslang

    Breaking Solar Lease Agreement

    I know this because in 2015 i was trying to earn for living and was in it! Working for marketing company called ENVY marketing, in Glendale CA. We started selling for Solcius solar company. Not only i'm a witness i know the entire sales process. When I started figuring that it's all fraud, and I didn't get a dime compensation for... my mom advised me to change my career and after 1 month of working there I quit. And never got conpensated for any work... but I learned powerful sales techniques. So I don't regret being there... Officerripley didnt have to tell me the full story for me to know what kind of thing could have happened to him. Because majority solar companies practice similar marketing techniques and people get stuck with contracts... Only after I quit I realized this is a big problem causing industry.
  6. 1 point
    MiddlePart

    CEO duties

    If you're asking about the CEO of a particular nonprofit company, then generally you'd have to look at the company's articles of incorporation, by-laws, and board resolutions to get that information. The Illinois business organization statutes (accessible here: http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=65) might also give you some useful information about corporate officers for nonprofit companies generally, but for the most part the statutes point to the company documents (articles of incorporation, bylaws, board resolutions) as defining the powers and duties of each officer of the company.
  7. 1 point
    officerripley

    Breaking Solar Lease Agreement

    Where USslang is "getting this" is probably from the news; that's where I've found out about the problems other customers are having.This truth-in-advertising matter is not the only thing the solar co. is being sued for btw; 1 of the 3 suits against them is by a bunch of their employees for not being paid for the hours they worked. And I actually did read the contract but too fast & with the salesperson nattering away at me the whole time (gee, I wonder why), I made the plain & simple human error--which all humans have done at least once in their life unless they're a sociopath--of not paying enough attention to what I was reading. So I made a mistake; these big companies need to tone down the shysterism a lot & stop trying to get people to sign their souls over to 'em so to speak.
  8. 1 point
    USslang

    Breaking Solar Lease Agreement

    I used this site itself as a legal advisor and it's like having a free lawyer... ask further questions that you need to know and sharp members will reply with ideas...😁 Regarding what type of lawyer, imho we'll get the answer soon... did you join to their postings on truthinadvertising.org? writing out your concern will contribute to numbers and develop your story... Good luck!
  9. 1 point
    I still can't tell if this means entirely on her property or straddling the property line. The problem is that, if the fence was entirely on the neighbor's property, you bought your property subject to the neighbor doing pretty much anything with her property and structures located on her property Again, in the absence of HOA regulations (or any relevant zoning ordinance), she could have torn everything on her property down and built a bunch of crazy stuff in crazy colors, etc. That the prior owner of your home apparently erected a fence on your neighbor's property doesn't make it "your fence." Sorry.
  10. 1 point
    So...the neighbor claims the fence is on her property? Is this claim correct (i.e., was the fence that your neighbor removed located on her property or your property or was it straddling the property line)? From reading through the thread, I can't tell which was the case, and that's the single most critical fact. What does "amends the issue" mean? I'm confused about this. Based on the picture you posted in your follow up post, I'm at a loss to understand how any sort of fence of the sort depicted at the location marked would prevent or deter burglaries in any way. If the existing fence was located on her property, then she was entitled to remove it and has no legal obligation whatsoever to install a new fence. If that's the case and you want a new fence, you are free to install one yourself at the edge or your property. Of course, all this assumes there are no relevant HOA regulations (which, based on the picture, probably isn't a good assumption). On the other hand, if the fence was on your property, then your neighbor had no legal right to remove it, and you have a valid claim against her for damages. If the fence straddled the property line, then it's a more difficult situation.
  11. 1 point
    If the fence wason her property then it is either (1) her fence, or (2) encroaching on her property. In either case she is entitled to remove the fence and is not obligated to replace it with anything.
  12. 1 point
    RetiredinVA

    Communication

    It would be unusual for the grocer's insurance company to contact you. Once the insurer or defendant is on notice thhat you have retained an attorney they will only correspond with the attorney. Something is not right there.
  13. 1 point
    You haven't answered the question, was it a fence on your property or was it a boundary fence on the property line?
  14. 1 point
    What if she won’t install a fence back what to do in such situation? You can always put up your own fence on your property.
  15. 1 point
    Your neighbor sounds like she's not planning on putting up the fence any time soon. You've already been patient for a month and now I'd approach her with a deadline. Is this a good neighbor fence? I take that it separates your properties? What if you had pets that needed to be safe & sound while in your backyard? Seriously, I'd approach her and put it in writing that a deadline is in place and that perhaps she should hire a contractor to put the fence up if her feet hurt. I understand that you must live next door to this idiot but enough is enough. You may have to take her to small claims court if she continues to refuse to put the fence up. Would it help if maybe you offered to help her put the fence up? I mean anything to get your privacy and a sound mind back! Keep us updated! Good luck.
  16. 1 point
    pg1067

    Communication

    I don't know if you're being impatient, but you're not being unreasonable. Ignoring a client for two months and not responding to communication attempts is utterly unacceptable. I suggest you call the attorney's office and attempt to schedule an in-person meeting to discuss your concerns. If you're unsuccessful in scheduling a meeting, then you'll have to consider sending a final written notice that, unless the attorney responds to you, you'll be seeking new legal representation.
  17. 1 point
    pg1067

    Sammiegirl

    You are, of course, free to give your brother a share of the estate equal to what he would have received had there been no will or your mother hadn't disinherited him (or any other amount you desire).
  18. 1 point
    ElleMD

    Child support questions

    Is this an ex-husband or ex-boyfriend? If spouse, are you legally divorced or just living apart? If an ex-boyfriend, he doesn't legally owe anything until after a court has established paternity and you have a court order for support. The above is what you are likely to receive if that happens, but you have to file with the court to obligate him to pay.
  19. 1 point
    RetiredinVA

    Child support questions

    $371.25 per month. See https://www1.nyc.gov/site/hra/help/child-support-calculator.page-
  20. 1 point
    RetiredinVA

    Big rig broke down within 2 weeks!

    A buyer of a commercial vehicle is expected to be savvy enough to protect his or her interests. Consumer protection laws are designed to protect persons who may not have any expertise in automotive areas. That does not apply to owner-operators of eighteen wheelers.
  21. 1 point
    LegalwriterOne

    Big rig broke down within 2 weeks!

    The CA lemon law doesn't apply to used vehicles, big rig or compact car. Unless the dealership provided a written warranty, the sale was as-is and the cost of repairs are the buyer's problem.
  22. 1 point
    knort4

    Sammiegirl

    If your mother wanted to disinherit your brother, she should have made her wishes known to the attorney so that the attorney could have advised her to put a phrase in the will that specifically disinherited him and also give a specific reason as to why she was doing so, or to leave him $1.00 just so the point would be made.
  23. 1 point
    Perhaps you will understand that if you can't write properly, others may decline to interpret your bad writing.
  24. 1 point
    Tax_Counsel

    Assumed Survivorship on Bank Account?

    The attorney may have provided enough information. But as I discussed earlier, the bank would have had no more than 5 banking days to get a hold on the account in place, and that may not be enough time. Moreover, the bank can point to the father’s and the estate’s delay in notifying the bank that he was divorced and the POD was no longer effective as contributory negligence. Had your father done that while he was alive, after all, this never would have happened. Or the estate had gotten in place timely and acted to notify the bank earlier this would not have a happened. So even if a jury says the bank was negligent by not acting in the 5 bank days it had (which is by no means a sure thing) the bank might still win on contributory negligence. The ex-wife, on the other, had no right to the money and it should be more straightforward to get a judgment against her for its return. You’d likely sue both at the same time, but I think getting a judgment against the bank under these facts is kind of a long shot.
  25. 1 point
    knort4

    Assumed Survivorship on Bank Account?

    So, it appears that Chase did make a mistake--so it begs the question of did they know or did they NOT know she was his ex-wife at the time they made the payout.
  26. 1 point
    pg1067

    How long will it take to get a final divorce?

    Not really sure what this means. It will take as long as it takes until you do what is needed. Are you the petitioner or the respondent? If you're the petitioner, did you serve the summons and petition on your spouse? If so, did your spouse file a response? If not, did you take your spouse's default? If your spouse did file a response, what have you done to move the case along to trial? If you don't understand how to move your case long and don't have an attorney, you need to hire one. Otherwise, I suggest you spend several hours at the county library looking through the Rutter Group's Family Law practice guide.
  27. 1 point
    pg1067

    actuallycyndi

    You didn't ask a question, so I'm not quite sure what the purpose of your post is. Obviously, the first thing to do is talk with the neighbor's son about fixing or paying for the damage. What you do after that depends on what response you get.
  28. 1 point
    pg1067

    Assumed Survivorship on Bank Account?

    Ok, but none of that applies to a jointly owned asset, such as a bank account. It would be different if the account were solely in your father's name and he had designated his ex-wife as beneficiary, but that's not the situation you described. You told us this was a jointly owned account. I generally tell folks to run away from lawyers who proclaim something is "black and white [with] no gray area." It's possible that your father's estate may be able to take action to enforce this obligation. Honestly, I question the intelligence of any attorney who interprets section 123.151 to apply to the situation you've described. As far as the letter you mentioned, I'd need to read it before commenting about its effect. However, if the letter cited section 123.151 as a basis for the ex-wife not taking the money, then I think the bank properly ignored it. New information. However, unless the bank was on notice of this, it was entitled to treat its account as it otherwise would under the terms of the account agreement. A letter from an attorney carries no legal weight, except to the extent that the letter put the bank on notice of something.
  29. 1 point
    adjusterjack

    actuallycyndi

    None of which has anything to do with how you get compensated for the damage. I suggest you get a written estimate for the repair then send it to your neighbor with a demand letter and a deadline date to pay. Attach a copy of a completed (but not filed) small claims complaint form. (LA limit is $5000.) That might get her insurance company involved and get you the money. If the deadline passes, you file your lawsuit naming both the neighbor and the son. You can do that without a lawyer. If the first demand didn't get her insurance involved, the lawsuit is likely to.
  30. 1 point
    JackofTrades

    Requesting a change of venue

    I am considering requesting a change of venue? Can I request this anytime ? I filled an ECO mid summer, my ex has had supervised visitation and still currently has them its still going my way sorta but we had a pre trial conference and there was some modifications to the supervision in my ex favor but its still supervised my ex has a family member that has worked for the court house for years but not currently at the time but my ex family member has traveled 600 miles one way to be at every hearing. and my ex family member has conversations with multiple people working in the office I'm talking like hugging and I miss you like my ex family member was friends with everyone, and I know my ex family member was really good friends with someone that was high in authority in the court house. why I know is because I have been in this persons house to attend his pets when they are out of town a couple times. I like to think they wouldn't intervene in the safety of a child. I am a very humble person that thinks the best in everyone and I have new evidence that should be a nail in the coffin but should I present it before the request or should I just ride this out if a judge doesn't go the way I want then request a change? I am paying for legal help and I have brought this up but they said the judge would do whats best for the child at the first hearing my legal help even recognized the family member we are going against. and the judge already said that this was not permanent or a punishment for my ex and the judge said she personally knew my ex family member and granted her over nights when they are in town and I'm tired of forking out money when I am completely capable of raising my child and letting my ex have visitation when ever they want I haven't tolled my ex no in 8 months on visitations
  31. 1 point
    Tax_Counsel

    Assumed Survivorship on Bank Account?

    Attorneys are simply representatives of whomever hires them. Being an attorney who handles probate matters does not give the attorney any special power or authority. Rather, it would matter exactly what the letter said and to whom in the bank the letter was sent. The bank is not going to freeze an account simply because an attorney sends a letter telling the bank to freeze it. After all, if the bank freezes the account without sufficient justification the bank is potentially in breach of contract with the account holder and may be liable for harm that might result if it turns out the freeze was improper. The letter would have to explain on what basis the attorney’s client has for the authority to have the account frozen. Just saying that the ex doesn’t “have legal rights to the account” wouldn’t cut it. The bank’s records show her as the owner of the account. It would therefore need to something that negates what it has in its records before it will act. If the letter explained that the court awarded your father sole ownership of the account in the divorce and included a copy of the divorce decree highlighting the relevant portion of it, that should be sufficient to put the bank on notice of the dispute. So what exactly did the letter say? Did it include a copy of the court order highlighting the part in which the court gave your father that specific account? Even if that was done, where was the letter sent to in the bank? Bear in mind that your basic teller or customer service rep at a bank isn’t going to have the authority to freeze the account. The letter had to get to someone who had that authority, and that person may well need to consult the legal department to ensure that there is a good basis for the freeze before doing it. So routing it the right person and then getting the necessary legal review and then actually getting the freeze input would likely take at least a few days. A week contains at best 5 banking days, and that might not have been time enough for all that to happen and get the freeze in place. It would have been better to have a court order directed to the bank in which the court orders a freeze on the account pending resolution of the dispute. A court order, served on someone in the legal department, would likely have received pretty prompt attention. The point is that that a lot of things had to line up for the bank to act and even then it might not have been realistic to expect that to occur in time to stop the ex from making the withdrawl(s) seven days later. You’d want to review all the facts with the attorney to see how likely it is that the bank might be held liable to return those funds. I think in the end it is more likely to fall on the ex directly rather than the bank, but all the details do matter.
  32. 1 point
    Tax_Counsel

    Assumed Survivorship on Bank Account?

    The problem with that is that a POD beneficiary designation is NOT the same thing as joint ownership. If she was a joint owner of the account she had rights to that account that would not be affected by the provision you cited above. Most banks by default provide in their account agreements that the accounts are owned as joint tenants with a right of survivorship (JTWROS). You stated that there was no survivorship, but you also have said that you have not read the account agreement. So how do you know it was not owned JTWROS? You need to find some other provision of Texas law to deal with the joint ownership issue that is involved here. A POD designation is generally made to someone not already a JTWROS owner of the account as the POD would not be necessary. If the lawyers with whom you speak do not know the difference between POD and JTWROS then you need to keep looking for one who does.
  33. 1 point
    MiddlePart

    Assumed Survivorship on Bank Account?

    I'm not familiar with Texas law on this subject, and from reading your posts, it looks like the facts are still developing. As a result, I have no opinion on the merits of a possible claim that you might bring. A lawyer can advise you, but, in general, if you're going to file suit on this matter, you'd most likely sue both the bank and the wife in the same action and let the court process sort out whether either, both, or neither have any liability -- you wouldn't sue them sequentially. Since the bank branch and the wife were located in Texas, all the relevant events appear to have happened in Texas, and there are issues of Texas law that could be important to the outcome of the case, you'd file suit in Texas. If you're filing suit in Texas, you'd probably want to use an attorney located in Texas. A lawyer who regularly does litigation on behalf of plaintiffs with claims against businesses.
  34. 1 point
    anker

    videotaping

    While visiting my 89 year old Mother at her home,I was threatened with bodily harm by a caregiver. I filed for guardianship because of the care my Mother was receiving from these caregivers. I am soon to be appointed guardian and they are very angry, knowing they will soon be replaced. I have always been respectful when visiting. My question is, can I secretly videotape when visiting my Mother, and can I show it to the police if they threaten me again. There are always two or three caregivers and it would be three caregivers denying any threats made to me.
  35. 1 point
    You need a lawyer. All the state needs to prosecute you for the possession is probable cause. Your father's statement that he found the drugs he turned over to the police in your purse would be good enough for that. In order to convince a jury to convict, however, the state must prove you guilty beyond a reasonable doubt. If you can cast doubt on your father's testimony that might be enough to win. You have not said anything about why your father would turn you in for drugs nor why your boyfriend was in court, but I'm guessing there is some conflict between you and perhaps if you can expose that conflict you might be able to convince a jury that he set you up for the charges. Of course, if the problem is that your boyfriend does drugs and the drugs in your purse were either yours or your boyfriend’s, your father might explain that his problem is your drug lifestyle, and that might not be helpful, so a lot depends on the details of what is going on. While Colorado has legalized weed, jurors will have less sympathy for other drugs, especially meth and other really destructive drugs. It will matter in what county you are prosecuted, too. If you have alcohol and/or drug use problems, you need to really get a handle on that or these legal problems will keep happening.
  36. 1 point
    You are correct that the MN statute does define crime of violence as a felony conviction of any of the statutes listed in MN § 624.712.5. If your conviction was simply a misdemeanor conviction of MN statute § 609.2242 and that is the basis for the prosecution then you ought to be able to get that charge dismissed. But note that under federal law, any conviction of a crime of domestic violence, whether misdemeanor or felony, makes it illegal for you to possess a firearm. If you succeed in getting the state charges dismissed, it is possible the state prosecutor will refer the matter to the feds for prosecution instead. I suggest you discuss your situation with your attorney to determine the best strategy here to deal with your situation.
  37. 1 point
    Domestic violence is a crime of violence regardless of whether it's charged as a felony or misdemeanor. AND, as was already pointed out to you, Federal law prohibits anyone convicted of domestic violence from every owning, possessing or purchasing a firearm. Federal law overrides any state law to the contrary and the federal firearm ban is for life.
  38. 1 point
    doucar

    Misdemeanor 5th degree Assults / Firearms possesion

    You need to look at the specific statute you were charged with for its definitions, not the general definitions. The specific can modify the general.
  39. 1 point
    MN statute § 624.713.1(2) makes it illegal for a person to possess a weapon “who has been convicted of, or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, in this state or elsewhere, a crime of violence. For purposes of this section, crime of violence includes crimes in other states or jurisdictions which would have been crimes of violence as herein defined if they had been committed in this state.” The problem is that the definition of a crime of violence is expressly defined for this purpose in MN statute § 624.712.5 as a violation of any of the specific Minnesota statutes listed there, including a conviction of violating § 609.2242, the domestic assault statute. It doesn’t matter whether the crime was a felony or misdemeanor as the definition does not make that distinction. It simply matters whether you were convicted of violating one of the listed statutes. The bottom line is that under MN law it is illegal for a person convicted of domestic assault to possess a firearm. It is also illegal under federal law, too, and there is a risk that you could be prosecuted under the federal statute as well, though usually if the state prosecutes for it the feds will let it go.
  40. 1 point
    Ted_from_Texas

    Lack of follow through on IEP Accommodations

    Hard to tell what kind of help you're looking for, because the issues you discuss are academic rather than legal in nature. As near as I can make out, you want to graduate with your class but cannot because you are a half-credit short of the requirement for graduation. Your options appear to be either to make up the half-credit, which would be a matter to settle between you and your teacher, or to have the requirement waived, which you'd have to take up with the school administration. Neither course appears to be amenable to legal action. Even if you hold that the school has been incompetent and/or negligent in providing for the special needs specified in your program resulting in the credit loss, I'm pretty sure you or your parents would have to go through a lengthy arbitration process with the school district before the law could be invoked, by which time graduation would be over anyway. There is another regular participant in this forum who has a background in education matters, and hopefully he or she can give you more or better information. A third option is of course to stay in school another semester to make up the credit shortfall, then graduate at the end of this summer or fall. I know that's not what you want but you'd not be the first or the last student to have to do it. It's unfortunate but there it is. I'm sorry.
  41. 1 point
    doucar

    School Shut Down??

    Depends upon the state. Most have statewide building codes which can be supplemented by local government. You can call the building inspectors office or fire marshalls office if you have a specific violation to enforce. They can't go ramdomly searching for violations, unless it is for an annual inspection. No, to be shut down it would have to be a serious violation that would make the property unsafe. otherwise they would be given a notice of violation and given an opportunity to remedy it.
  42. 1 point
    doucar

    School Shut Down??

    1. The fire marshall, the building inspector, the superintendant of schools to name a few. 2. Violation of building codes fire safety codes and education laws. 3. Fire codes and building codes. 4. If there is it would be in the education laws.
  43. 1 point
    If your default was in 2015, then the creditor is still within the 4-year limitations period to bring suit against you. "Reviving" has to do with acknowledging the claim or making a part payment after the expiration of the limitations period. It doesn't really apply to discussions that may occur during the limitations period. A cease-and-desist letter should stop the calls, but won't prevent them from filing suit to collect on the debt.
  44. 1 point
    Of course there is a way for you to file for the garnishment. But, this site is not designed to lead individuals throught the process of initiating or proceeding through legal processes. Generally though, you need to reduce your claim to a monetary judgment, domesticate the judgment in the appropriate court where your ex lives, and request the issuance of a garnishment against his wages, bank accounts, or other assets. If you can figure out how to do those things then you can do it yourself. Knowing how to do those things is what an attorney gets paid for.
  45. 1 point
    You notify the support division of your District Attorney's office, if they do spousal support collection they will open a file and forward the case to the state where he is located. If that state does spousal support enforcement, they will begin proceedings to garnish his wages. You may have noticed a theme. If they do spousal support collections, as the DA's offices receive a financial incentive to collect child support, but often not spousal support. The contempt will have to wait until he comes back to California, as his new state doesn't have jurisdiction over a California contempt order. Otherwise, you will have to hire an attorney in his state to domesticate your California support order and begin collections.
  46. 1 point
    If he's in another state, you would need to domesticate the judgment that ordered the support in order seek enforcement of the support order there. No one on here can walk you through that. You will need the assistance of counsel in that other state.
  47. 1 point
    If the father has a wife and children by you and the wife, that complicates things somewhat. There is little question that you owe the back child support to the decedent's estate. If the decedent has a will, that will determine who gets the money, if anyone sees fit to pursue the claim. If the decedent does not have a will, it would be divided according to the laws of intestate succession of the state of Louisiana (I assume he lived and died in Louisiana). Louisiana is a unique state since its laws are derived from the French, unlike the other states where the law came from Great Britain. Only an attorney who practices in Lousiana is qualified to give sound advice on what should happen to the estate, if anyone sees fit to pursue the claim for arrears. No, you don't have to go to court. Your best bet is to shut up, keep your head down, and hope nobody makes a claim against you.
  48. 1 point
    cbg

    unfairly treated

    Doesn't change a thing.
  49. 1 point
    cbg

    unfairly treated

    It may or may not have been unfair. It wasn't illegal. Ask your friend if he, too, is restricted in what opinions he is allowed to express or if that limitation is only placed on your employer.
  50. 1 point
    legalfiction677

    Searching for potential charges

    Btw...Sorry for you loss,Mam.