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Everything posted by RetiredinVA

  1. Under the Unifrom Commercial Code the bank that paid a forged check may not charge the account. UCC 4-406 However the account owner must notify the bank promptly and within one-year of the payment. That was the remedy but the time has passed.
  2. That is truly a bizarre question. Why would you think there is a copy of your will in Utah? When you executed your will the lawyer should have given you the original of the will and, maybe, a copy or two to give to your nominated executor. So you should have the original will. When you die the original of the will is presented to the probate court. Until then the location of the will and any copies of the will is your responsibility. It may be possible to "lodge" a will in Utah.* That means a person can give the will to the clerk of the court to hold until you die. The will is sealed in an envelope. When the clerk learns of your death the will is made available to the executor to file. If you or your lawyer lodged your will the clerk would have given you a receipt. To remove the will from the clerk's office you would need to have the original receipt and proper identification. The clerk will not release the will without the receipt to prevent an wrongdoer from taking and destroying the will. *Lodging a will can be done in Virginia. I don't know if it can be done in Utah.
  3. Your answer raises more questions. You say you are suing someone for wrongful death of your mother. Such a suit would require legal representation and, most likely, expert medical testimony. Such cases are difficult to present without substantial trial experience. Therefore, I assume you have an attorney representing the estate. What does your lawyer think about your idea of suing business owners for accepting an allegedly forged check? You also indicated you are trying to find an attorney to file a "bad faith" insurance claim. That is not surprising since such claims are almost always resolved in favor of the insurer. Since such cases seldom result in an award in favor of the plaintiff almost no attorney will take such a case on a contingent basis. Any attorney consenting to take such a case would demand a substantial retainer which I have a feeling you won't be willing to pay.
  4. If both parents are willing to allow you to adopt the children you may be able to. But adoption is not a do-it-yourself project. Consult a local lawyer. I can't imagnenany court would allow an adoption without a home study and background check.
  5. If my father in law was a judge I would ask him, not anonymous strangers on the internet.
  6. Well, you and your girlfriend posted on the internet in order to solicit prostitution. Your boyfriend drove you from Pennsylvania to either Maryland, Tennessee, or Virginia (you are not clear there) in order to commit prostitution. I suggest you look up something called "Mann Act." What the three of you did was possibly a violation of that federal law. It sounds to me as if you got off easy. Based on what you described, you were certainly guilty of soliciting prostitution and you don't have a snowball's chance in hell of getting your guilty plea withdrawn. Since your boyfriend clearly carried both of you to the place of prostitution he is also almost certain to be convicted. Take the plea and be happy.
  7. When you called the police about the dog siren, whatever that is, what do they do?
  8. Why in the world would you sue the business owner who accepted the checks? If anyone is liable, it would be the alleged forger. Anyway, only the executor or administrator of your mother's estate can file such a suit. Did you qualify as executor or administrator of your mother's estate? Finally, it may very well be that the statute of limitations will bar any suit against the alleged forger.
  9. If you are suggesting the landlord must allow the roomate to become a tenant, that is incorrect. Unless the landlord is discriminatingagainst the proposed roommate because of some protected status, such as race, sex, age, etc. the landlord doesn't have to rent to anyone.
  10. I would suggest you start by reading the order that appointed you as guardian. If you don't understand it perhaps you can confer with the case worker(s) handling the two children. If it is still unclear you may be able to confer with the county attorney. Needless to say, the people on this discussion board have no knowledge of the circumstances of the two cases and, probably, little knowledge of the child care procedures in Alabama. Are the children related to you? If the children are not related to you I would think the arrangement is more like foster care than guardianship.
  11. Adoption is the same as if the child was born of the adopting parents. They can't just throw their child back into foster care. Of course, we have no way of knowing how her parents will react when they find out she is pregnant. Apparently the adopting parents loved her enough to make her their own daughter. Legally they are also required to support her until she reaches the age of majority. So, just kicking her out is not an option. It is possible the child could be removed from her but that would only happen if she was not able to care for the child. The hild of z 15 year old girl would not automatically be removed from her.
  12. Not anymore. But I was for a very long time. Why do you ask?
  13. The opinion of anonymous strangers on the internet is meaningless, or worse.
  14. Why are you working for these people?
  15. One fairly basic fundamental principle is that everything belongs to someone. The vehicles may be abandoned but somewhere there is an owner. The department of motor vehicles knows who owns those cars because someone's name is on the title. The easiest way to own the vehicles is to contact DMV an see if they will identify the owners. Iff the owners have really abandoned the vehicles they amy be willing to sign the title over to you. On the other hand, it is possible the vehicles were stolen and abandoned by the thief. The owner may be happty they have been found. Or, the vehicles may have been abandoned because the owner couldn't make the payments and the lender who financed the purcahase would be entitled to repossess the vehicles if they knew where they were. Or, the vehicles may belong to someone who has died but his or her executor hasn't gotten around to finding the vehicles. What it boils down to is that you cannot unilaterally seize a vehicle that is apparently abandoned. If you contact the landlord he or she may have the vehicles towed. The tow company can then auction the vehicles off after a period of time to pay the storage and towing fee and after notice to the owner. Maybe you can buy the vehicles at the auction.
  16. Your post is not clear. Did you have good reason that the tenant had moved out. That is, had he removed his clothing and personal effects? You are certainly are entitled to be paid the rent you were owed. You are also entitled to file for eviction of the tenant. Whether you are entitled to damages to your door depends on facts you haven't shared. Specifically, how did the kicking in of the doormoccur?
  17. Certainly there would be no reason why the city couldn't obtain the records of the project. You maintained the project funds in a separate account, didn't you?
  18. Frankly, the lack of punctuation makes it difficult to understand the situation you are describing. The first "sentence" in particular runs on the extent I can't figure out the timing. When did the lease expire? Did the eviction notice say he had been evicted? When? Why did his former(?) roommate call the police? Are you suggesting your brother just showed up at the apartment and said "Hi, I'm back" and the roommate called the police? BTW the police or prosecutor are not required to talk to you unless you are your brother's attorney.
  19. Police officers are allowed to have friends and felons are allowed to have friends. Why in the world would you think a police officer cannot be friends with a felon? Of course it is legal.
  20. Would you like us to construct a hypothetical question and speculate on the possible answers or: Tell us what the actual situation is and let us comment on that?
  21. Sorry. Total brain f..t on my part. They poster was talking about the Miranda warnings and I'm just responding without thinking.
  22. Filing a complaint against the officers for "violating his fourth amendment rights" legally makes no sense. The fourth amendment, as interpreted, says that statements made by a person may not be used against them unless they are warned of their right to remain silent. A persons fourth amendment rights are not violated when the officer does not give the Miranda warnings, their rights are violated when the prosecutor tries to use the statements during trial or other criminal proceedings.
  23. You get him a lawyer. 1. By most definitions, a bb gun is a gun, 2. Not reading the suspect his or her rights only bears on whether the statements made before the warnings are given may be used at trial. Failure to inform the suspect of their Miranda rights does not result in dismissal of charges.
  24. I am sure you have a document assuring you that the carfax would show the car was not damaged. It appears you are able to run the carfax report yourself. Why didn't you when the repeated delays should have made you suspicious? Anyway, have you already paid for the car? How much have you paid? How much is owed? Is the car currently on a storage lot, as you suggested? How exrensive is the alleged damage? How old is the car? There are a lot of facts that may be relevant.