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Everything posted by doucar

  1. Without more facts, the answer would be yes, if that is what their contract with the insurance company says.
  2. What state are you in, as that site deals with Candanian law and this site deals with US laws.
  3. Should have googled first then answered. felon can become licensed to practice law, though not in all states. As of 2015, only three states and one territory outright ban convicted felons from ever becoming lawyers: Kansas, Mississippi, Texas, and the Northern Mariana Islands. This information was taken from pages 16-17 of the National Conference of Bar Examiner's Comprehensive Guide to Bar Admission Requirements 2015. - See more at:
  4. I am not aware of any state where a convicted felon can practice law. Misdemeanors involving moral turpitude can also prevent you from practicing law.
  5. My sympathy to your child and to you. I have had to drive I-4, but not daily. Just a point of clarification .59 per mile is the irs amount for business expense travel. .17 is the deductable amount for medical expenses.
  6. Without more facts, a can question can only be answered yes, especially if they have already done so.
  7. I believe she is wanting to sue the collection for a FDCPA action, not the credit bureau, but if she is small claims courts in California have broad jurisdiction, but I don't know if they would reach that far. Its been over 20 years since I was a small claims pro tem in California.
  8. With two exceptions, service of process must be made within the boundaries of the State of California. The following kinds of defendants need not be served within the State: A non-resident defendant who owns real property in California - if the defendant has no agent for service of process and the claim relates to that property. (The non-resident defendant may send a representative or submit an affidavit to defend against the claim.) A non-resident defendant who owned or operated a motor vehicle involved in an accident on a California highway - if service of process is made on both the defendant and the Department of Motor Vehicles. Some courts allow the non-resident driver to send a representative (but not an attorney), or submit an affidavit or declaration explaining that person’s side of the case, or appear at the hearing by telephone. To determine the court’s policy and practice, contact a small claims adviser in the county where the suit has been filed.
  9. No lawyers from CT follow these boards at this time, so rather than have strangers on the internet guess at the answer, a CT labor law lawyer would be your accurate source.
  10. If you still want the property and are willing to spend some money and hire an attorney, you can sue for specific performance against the sellers and intentional interference with a contract against the children on the quit (not quick) claim deed. It could be a long expensive fight.
  11. No, in fact if you are the court appointed administrator it is your duty to secure the property and seek return of anything taken. And depending upon what authority you were given by the court as administrator, you may have the authority to list the house and accept offers subject to court approval of the sales contract. If you have not been appointed by the court, you have no authority to do anything.
  12. That's an easy question to answer. Until you get this resolved, she goes home or goes to jail.
  13. One giant block of text is extremely difficult to read and most will not. May I suggest you edit it to the most basic and keep the entire post to 3 or 4 short paragraphs and perhaps someone will respond.
  14. An individual can have several DBAs and they will all be "his/her" businesses. An LLC can be a separate business entity for all or some purposes. A one person LLC is treated as a sole proprietor for tax purposes, a 2 or more owner LLC can be treated as a partnership for tax purposes. Most entrepreneurs form a separate LLC or Corporation for each business, because they do not want the creditors of one business, to be able to get to the assets of the other business for payment of debt. Which would be best for you would depend upon the nature of the businesses and what you are tyring to accomplish. DBAs and LLCs have tax id numbers to be used when they have employees, but it does not change how they are taxed, Schedule C of the owner of a DBA and Schedule C of the owner of a one man LLC unless certain elections are properly and timely made. I would suggest it would be worth your while to spend a few hours with a business attorney to get these set up properly. The money you spend now getting it done right, can save you big bucks if it is screwed up.
  15. Some unions have strike funds, that pay something to members when they strike. Otherwise they are on their own. Sometimes the union is able to negotiate for additional compensation, or replacement of lost compensation, but I wouldn't count on it.
  16. Not really, it depends upon the state. Usually if there are any post trial motions, such as motion for a new trial, the PD office will make them. Appeal is still the defendant's decision. He could ask the court for a court appointed attorney for the appeal, but it is generally not the PD.
  17. Depends upon if the attorney was retained. If he was retained, his obligation ends when he completes what he was retained to do. Post trial would require an additional retainer, if it was not included in the initial retainer. Most of the time, the retainer will include post trial motions but not appeal. The decision to appeal is up to the client. The notes the jury took, belong to the jurors who took them. What happens is up to the jurors.
  18. If they give you the money, will you be in a position to pay it back right away if the check turns out to be fraudulent? You realize they are doing this not only for their protection, but for hers as well. If they haven't been able to verify the check after 3 weeks, it is undoubtedly fraudulent. BTW, why is this posted under the automobile accident section?
  19. Perhaps you are thinking of vicarious liability. However, I don't see where you have a case here. Employers are liable for their employees actions when they are conducted in the course and scope of their employment. The employer here would argue that the employee storing a car on your property with your initial permission, is no where near the course and scope of his employment.
  20. You appear to have a misconception of limited liability. Every corporation or LLC formed for the purpose of providing the owners or shareholders with liability protection. That does not mean that the corporation is protected from its own negligence or actions. The only limitation on damages when suing a corporation is the amount of damages you can prove and proving liability on the part of the corporation.
  21. Contact the bank for copy of the modification papers
  22. Ask the shop for a copy or ask your claims person, your choice. You do not need a lawyer to sue in small claims court.
  23. First I must ask, why, are the ones you found AMJUR and CJS inadequate? Since I left law school, almost 40 years ago, I have only used these legal enclyclopedias for reasearch 4-5 times, since most law offices do not have them. Much more useful are State specific legal enclypedia if your are researching for a specific case, rather than a law review article. I would suggest thumbing through the index volume at your local law library.
  24. Sorry, but now you are just making excuses for someone who did not take responsiblity for their actions and you are complaining after the fact. As that great television philosopher, Barretta once said, if you can't do the time, don't do the crime.