LegalwriterOne

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Everything posted by LegalwriterOne

  1. You didn't overpay. Child support in MD goes at least until the child is 18. If they're still attending high school, you pay until they graduate or reach age 19, whichever occurs first.
  2. File for unemployment and go work somewhere else.
  3. Whomever is telling you this is more likely blowing smoke. If you've got kids and an allegation was made to CPS, they'd be over at your house talking to you and to the kids. CPS doesn't take testimony and they don't open and close cases willy-nilly.
  4. If you signed a consent to search, how she got into the house is no longer relevant.
  5. You can try to sell it for whatever amount a buyer is willing to pay. If you get an offer that's less than you owe, the mortgagor may or may not agree to lift their lien on the property in order for the sale to go through and the title to pass to the buyer. Regardless, you would still owe the balance. A mortgage is a contract.
  6. If this is a public school, they legally cannot forbid children from participating in outside groups. It's a violation of the 1st amendment right to associate and assemble.
  7. No. There's only one house and they each have an undivided half interest. Either one or both can live there. It's their house.
  8. If they total the car, you won't get anything close to $15 or $16K. You'll get @ $9K, if that.
  9. They don't have to file motions and responses to satisfy what you want them to say. They can say what they want. You are free to counter their arguments.
  10. You really need to slow down the truck. Right now, you are under a restraining order and pending criminal charges. You have to get through that first and then hope the court will give you a share of custody. IF you get primary custody, you need the court's permission to remove the kid from the state which is not a given. You are free to move at any time now but taking the kid 1000 miles away from their other parent is a whole other can of worms best dealt with after some of the dust has settled.
  11. There's no telling but one thing is for sure, mistakes are made. They could have just run a credit check, the poster's name came up and they sent the letter on a ticket they may not be able to verify. If they have a copy, they can send it to him and he can check if it's his DL number, his vehicle, his signature...
  12. Depends upon the nature of the claim. It can be anywhere from 6 months to 3 years. Consult local counsel.
  13. Well you didn't ask a question but the business has the right to refuse service to anyone as long as it isn't based upon illegal discrimination (race, religion, gender, etc.) They are certainly within their rights to ban you even if you did the right thing.
  14. If you can't recall and you can't verify the ticket with the court, I'd send a letter asking for some sort of proof that you are the person who was cited. It's not like agencies never get it wrong. Generally, when you're cited by the cops, they give you a copy which serves as your notice of the charges. That takes care of any time limitations. When you don't show up or pay, the matter goes to warrant and there is no time limit on warrants. They can stay out there forever.
  15. If you want the transcript provided in a language other than English, you pay for the translation. Having an interpreter present during the deposition doesn't have anything to do with who pays for a translation. The official record is in English.
  16. In CA, a rent increase for a month to month tenancy requires written notice regardless of whether the rental agreement itself is in writing. If the increase is 10% or less, the landlord must give 30 days written notice. If the increase is greater than 10%, 60 written notice is required. In your situation, raising rent of $600 per month by more than $60 requires 60 days written notice. Civil Code Section 827b. You aren't legally obligated to pay the higher rent amount without proper notice. I'd suggest, however, that you find another place to live quickly.
  17. Really doesn't make a difference. In NC, .5 oz or less is a class 3 misdemeanor. 10 grams is .35 oz and 14 is .49 oz.
  18. Sounds like a plot to a bad movie. Assuming she's not being over-dramatic, she should consult counsel. NV is a one-party state so she can also covertly record his threats on her smart phone to protect herself.
  19. You don't to benefit from what his insurance paid. That's his policy and he paid for it. If your insurance paid anything, then you would get the benefit of that.
  20. Well, I'm not sure what you're asking. You were responsible for the damage. His insurance covered it and technically, he could sue you for the entire cost of the repair instead of just the deficiency. If you don't want a judgment on your credit report, I'd suggest you talk to him about making payments.
  21. Your wasting both our times. Trial court proceedings in another case from another court with a different party is irrelevant. It's not authority nor binding on anybody. Even if the judge decides to humor you and go along with it, the chance of which is nil, it gives you nothing. You seem to think that the other side has to respond to everything you file. News flash, they don't and they're not conceding anything by not replying either.
  22. It appears you're trying to use judicial notice as a backdoor way to create an admission which is highly improper. That a different party in a different case in a different court didn't contest the allegations means absolutely nothing. It's not evidence and it's certainly not proof of any fact other than you sued someone else in another court and the your case was dismissed.
  23. Judicial notice is used in multiple kinds of proceedings for multiple purposes. It is used to establish an obvious fact, like it's dark at midnight or, the day of the week a specific date fell on. I've used it in the trial court where similar cases prosecuted by the same deputy DA are pending in the same jurisdiction to demonstrate their pattern of over-charging. I've also used it in appellate briefings where the exact same respondent was involved in the exact same court with the exact same issue that was decided by that very court against them. Trial court rulings and orders from a different jurisdiction are not binding outside of that particular case and are not facts that can or should be applied to a different defendant.
  24. There are a whole lot of facts missing but who threw the drugs wasn't a fact I missed. For all I know the person who threw them said the resident told them to or they got them from him and threw them when they saw the cops coming to the door....
  25. It only matters what's in the contract for sale and even then, if it didn't specify stainless steel appliances, they can substitute.