pg1067

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Everything posted by pg1067

  1. Wrong. As you appear to be aware, they will be "old enough" when they turn 18 and not before then. Mom needs to consult with a local family law attorney.
  2. Are you the mother or the father or someone else? The next sentence suggests you're not the father. Who are "we"? I pretty much skipped the rest of that very long first paragraph because most of it seemed like a bunch of vague accusations. Hard to say without knowing who "we" are and without knowing exactly what "where do we stand" means. As for "some scenarios that can play out," are you asking us to make up hypothetical scenarios? It seems to me that each of the mother and father ought to be consulting with legal counsel. It would also be great if they could behave like adults towards each other for the best interests of the children. And I certainly agree about the kids not getting to dictate what happens.
  3. If the lease is ending, why do you want or think you need to give a "60-day notice to vacate"? Does the lease require it? Also, 60 days before September 28 is Sunday the 30th, not 7/28. Why do you think that? Keep in mind that I'm asking these questions because I obviously haven't read your lease and you haven't told us anything about what it says. So...your statement that "she KNOWS that I'll pay it" should have said that "she mistakenly believes that I'll pay it." Right? Why would you think that would happen? Have you authorized your employer to run your credit regularly, and does your employer actually do that? It's hard to say much of anything without reading the lease, but I agree with "adjusterjack" that you should discuss the situation with the landlord.
  4. Wait for what? Are you a defendant or the plaintiff? I have to assume the former. If so, the answer is no, you do not have to wait for the court to rule on another defendant's motion before filing one of your own. If the the motion for a more definitive statement (under Rule 12(e) of the Wyo. Rules of Civ. Proc.) fails (and I agree that such motions are typically denied), then the court would not order the plaintiff to file a statement of the relevant facts or an amended complaint.
  5. If this was "a bald-faced lie," why didn't you prove that it was a lie so that the court would deny the motion? Or is this just something you believe to be true without any evidence? The question doesn't make sense as phrased. If Jane Smith is doing business as "Defamatory Competitors R Us," then your default judgment was, presumably, entered against "Jane Smith, individually and dba Defamatory Competitors R Us." However, the only legal entity is Jane Smith, and the "FFN" has no separate legal existence. Therefore, the court's order setting aside the judgment as against Jane Smith set aside the entire judgment. Not at this time. You can wait until the case is over and appeal the judgment. Of course, if you end up winning, then you'll have no basis to appeal. You could seek to file an interlocutory appeal, but the chances that the court would allow it are infinitesimal given the overwhelming policy in favor of deciding cases on their merits, as opposed to by default. Nonetheless, given your admission that the motion to set aside the judgment was timely, why do you believe the court's ruling was "arbitrary and capricious"?.
  6. The only thing the notary might have would be her journal indicating that she notarized something for you, and I'm not sure why you would want that. That being said, California law requires that notaries who still have their commissions must retain their old journals until their commissions have ended. Once the notary's commission ends, she must surrender her journal to the county clerk. If you really want a copy of the notary's journal entry and the notary no longer has the journal, you could check to see if she surrendered it to the clerk and, if so, check with the clerk. I'm sure you can do lots of things. While you presumably can "[r]edo the trust," that might not be the smartest thing to do under the circumstances. The far smarter thing to do might be to sign some sort of affirmation regarding the trust as of the date you signed it in 2009. I strongly encourage you to consult with a local trust attorney.
  7. Who are "them"? Did you do this pursuant to any sort of written agreement? Depends on the terms of your agreement. Hopefully it's in writing.
  8. Why do you believe this to be the case? What possible motivation would she have for doing this? I would hope it goes without saying that we have no conceivable way of knowing. However, if, in fact, there is an app that I could get on my phone that would allow me to "track[] . . . every move" of someone, I'm sure law enforcement officers all over the country, as well as parents of teenagers, would be extremely interested. Unfortunately, if such an app did exist, I'm quite confident that it would be extremely well known. Therefore, any person with any logical reasoning ability could conclude that no such thing exists. I'm sure you can do lots of things. However, I don't know you, so I can't speak authoritatively about your personal abilities. What do these "noise problems" have to do with the "tracking device [that follows your] every move"? What are the "other problems" she is causing?
  9. Nice.... Let's back up a second.... By whom was he "ordered to live with his father," and why do you think his parents can legally agree to circumvent this order? Putting that question aside, you probably need a guardianship or power of attorney in order to enroll him in school and obtain medical care. If you are appointed as guardian, you would be so responsible. If not, they would. No more so than you have in connection with your own child.
  10. I'm gonna guess there's a typo here and that you meant "rental," not "mental," although maybe it was a Freudian slip. What company? A couple additional questions before I try and answer yours: Is your tenant a month-to-month tenant? If not, when does the current rental term expire? I don't know what you mean by "pro-rated rent." Obviously, you're not entitled to collect rent for any time that the premises are not habitable. If alternative accommodations cost more than the rent that the tenant would have paid you, you probably are liable for the additional costs. Anyone can sue anyone for anything. What's the difference between "required" and "insisted upon"? Again, anyone can sue anyone for anything, but I don't know what you mean by "sue me for mold." One typically sues for money, not for mold, based on some alleged legal wrong. If you're asking whether your tenant has any basis to sue you because of the mold, the answer is maybe, but not if he suffered no damages as a result. Obviously, additional costs of lodging would be damages, but I already dealt with that above. By now, you already know the answer to this question, and I would encourage you to consult with a local attorney. No. "They" are doing it, so it should be obvious that "they" can do it. Read your policy to learn what it does and doesn't cover. Hopefully you had a proper landlord's policy and not just regular homeowner's insurance. Again, I strongly encourage you to consult with a local attorney for advice about all of this.
  11. I suggest you google "fair credit reporting act" and send notice to each credit reporting agency who is reporting this that it is disputed and should be removed. Beyond that, I really don't see this as being something you need to spend a lot of time on.
  12. This isn't a terribly relevant question because, as I mentioned previously, you haven't possessed the property. The openness/notoriety of your use (not possession) of the property is relevant if you want to seek a prescriptive easement. However, as I also mentioned previously, if the property is for sale for $15k, you'd be better off buying it than fighting in court over an easement.
  13. Claimed to whom? Who are "they"? When was this claim made? Why do you describe the claim as "fraudulent"? If, as you wrote, "It doesn't seem like it's going to pose any problem," why would you contact anyone? I'm also not really sure what "it" refers to. Some former employer claimed that you sold a vehicle to it. So what? Claiming to whom?
  14. So...her mother (your sister?) has allowed her child to live with you for over two years solely because this 9-year old (at the time) child "was unhappy at home with her mother"??? Clearly there's more to this story than you've told us, but this is her child and, absent some sort of court order divesting her of her parental rights, it's up to her to determine where the child lives. Whether that's objectively "unfair" isn't relevant. It's still her child. You're free to contact child protective services. You're also free to petition the court for a guardianship. Then you need to seek a consultation with a local attorney who handles guardianship matters (that would be far preferable to involving CPS IMO).
  15. Then this is probably worth your mother paying a lawyer to make sure things are, if possible, fixed in an appropriate manner. I don't know. I haven't read the document. Some POAs take effect immediately; some take effect only upon the incapacity of the principal. I don't know. And again, I really want to encourage you to encourage your mother to confer with an attorney.
  16. And who exactly are "we," and how did you come by the authority to sell someone else's home? Because....??? I'm not really sure I follow the question. However, if you are holding someone else's money to be used for that person's benefit, you owe that person legal duties called fiduciary duties, two of which are to keep the money safe and to maximize the return on the money (hence the "mason jar" comment in the prior response is wrong). Relying on anonymous strangers on the internet to figure out how to satisfy your duties is a great way to breach your duties and end up having a court hold you liable for it. I strongly suggest you consult with a local attorney for advice. Huh? What is "the center"? I assume you mean "taken," not "taking." Who is taking this money? Out of what? For what purpose?
  17. First of all, we have no knowledge regarding "the [cases you] have already researched." Second, no one here is going to do case research for you. If your intent was to ask if anyone knows of any relevant cases off the top of his/her head, the answer is going to be no. Among other things, no attorneys from West Virginia follow these boards regularly (and I assume that, if "RetiredinVA" happens to know some WV cases, he/she would have mentioned them already).
  18. An extraneous amount of money? Huh? Also, are you sure you received a subpoena and not a summons? If she's suing you, a summons would be far more likely. You need to notify whoever was your liability insurance carrier at the time of the accident. Your insurer will hire an attorney to defend you. Given that the accident took place nearly four years ago, you should have little trouble getting it dismissed because of the statute of limitations.
  19. No. You can, if you want, seek a fault-based divorce on account of the adultery, but it will probably do you little or no good. If you seek a divorce based on adultery, it will impact (in your favor) the issues of alimony and property division. However, you've only been married a very short time and apparently discovered the adultery barely a year into the marriage. Therefore, even with the adultery, the likelihood that you would get alimony is extremely low. With respect to property division, the court will divide your marital property in a manner it determines to be equitable, based on nearly a dozen factors, only one of which is the circumstances leading to the divorce. In the extremely short time you have been married, have you acquired significant marital property such that you think you will greatly benefit by litigating your wife's adultery? On the other hand, seeking a fault-based divorce will require that you relive everything you went through -- potentially in both a pretrial deposition and at trial. In doing so, both you and your wife will likely expend significant resources that probably could be put to far better use. Unless your wife is extremely wealthy, you're almost certainly far better off putting an end to the marriage in the quickest and least expensive/painful way possible so that you can move on with your life.
  20. Well...your original question was "What steps does she need to take to make the CD equally divided between her three children's?" I answered that question in my first post in this thread: "Unless your brothers are willing to agree, she will have to sue the two of them. Either that or she might be able to go to the bank and transfer her interest to you. Of course, if she did that, then she would not no further legal interest in the CD." Not a lot I can say beyond that, but how much is this CD worth?
  21. I read the post as indicating that board member who works in the doctor's office was engaging in idle gossip and that the OP simply wanted to know if HIPAA had been violated as a result. I did not see anything that would suggest any of the persons involved is disabled, but maybe the OP will return and clarify.
  22. How do you figure? What makes you think the person in question has any sort of disability? Also, I don't see anything that indicates the OP is considering hiring the person in question.
  23. Where online (I don't need specific sites, but some general description would be helpful)? Also, what are these lies? Without some basic detail, we have no way of knowing.
  24. I don't know. Was the chain link fence on your property or your neighbor's property or partially on both? Yes. Anyone can sue anyone for anything.