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Found 148 results

  1. I am currently a military spouse starting an online personal training website. I will be providing health coaching services and training programs to my clients. I am technically a North Carolina resident though we live out of state, because military service members and their family members are allowed to keep their home residency while they are active duty. Am I allowed to base this small online business out of North Carolina, even though I will be working from home out of state? Thank you!
  2. Previously it had been explained to me in this forum, that when leasing a car an industry standard" is to charge a re-stocking fee, This fee is charged when you do not purchase the car - or buy another car of the same make. But let me explain a little further. On the lease contract itself there is indeed a box which mentions this fee. It was my error to not notice it at signing. However, there is no explanation as to exactly in what manner this fee is to be repaid. In this case, first I called the company and after discussing the fee with them, they did lower the amount owed. Again however, nothing was mentioned as to exactly how it was to be repaid. I received a bill for the amount negotiated down. At that time it mentioned how much was due and a date when it was due. This is a couple years after the initial amount was signed for with no explaination of terms. I mailed in a small amount. The next month I received a bill minus the amount I paid and giving a due date. I mailed in another small amount. The third month I recveived a phone call message on my machine stating I needed to return the call. It did not say exactly what it was about. I returned the call and found out it was a collection agency! They said the company had sold my debt to them and if I didnt' pay it in full immediately it would go to Collections. I received no prior warning by phone or mail or email. Is this whole process legal as to how they are allowed to collect their monies when terms were never initially agreed to? Thank you.
  3. Our firm represents the landlord in housing court, where the landlord has rented an apartment to his tenant. In this particular case, however, the landlord and tenant are related. After years of problems with his daughter (ie: non-payment of rent, destruction of property, argumentative), the landlord has decided that it would be best if he were to take legal action, and proceed with an eviction. All of the necessary documents were filed correctly in housing court, and the landlord and tenant have been going back and forth with OSC's, adjournments, etc. During the last proceeding, the tenant discussed the fact that her and the landlord are in fact family, and this shouldn't happen to her. Finally, the judge stated that this case should be heard in the Family Court, because they are family, and thiswas not her jurisdiction. Would going to family court resolve the landlord-tenant issues consistent within this family?
  4. I have received a bill (as have others I know) from a medical facility (same facility as others who have received such bills) for an appointment I had which occurred one year or more After the appointment. I believed I had paid my co-pay at time of appointment. Now I can't find my receipt. Is there a time frame attached as to how long after a service is performed that it can legally be billed? Is there a time frame attached to any kind of service as to when it can be billed - and after which it is now longer legal to bill?
  5. Me and someone have a vehicle together, both names are on the vehicle title. One name is on the loan.... the motor blew and I pulled the motor out and am waiting to get a new one, can I be arrested for pulling the motor out of my vehicle if there's a lien on it ? And the other owner now wants the car back and went to the cops today but I haven't heard anything from them. Can someone please reply and give me advice... much appreciated thank you!
  6. my case lasted over 5 years , the judge sent us to a referee , the case was settled ,, papers were signed , i was told that the lawyer had 3 or so months to write up the papers so my lawyer can look them over and send to the judge, to sign the final decree, as of now i am waiting over 9 months and still nothing,, is there anything i can do about this
  7. I was walking my dog and slipped on ice in an apartment building driveway resulting in surgery. My insurance company is asking for specifics because they believe it was the result of an accident or injury that could be covered by someone else. The apartment building has a sign "no trespassing", but i cut through to get to a park for the dog. Should i provide the apartment information to my insurance company or just ignore it?
  8. Not too long ago I ran into the bro of a man I testified against. His charges was was attempted robbery and murder and possible sentence of 15yrs to life. Well he got life and now his bro is going around telling everyone I'm a snitch, rat and lied and not to deal with me and other things and now I keep having aniexty and panic attacks, crying, pacing, basically a nervous wreck. I am disabled, go to therapy for it, receive ssd for it. Is this witness harassment?
  9. I was on workers compensation ,then my status was changed to sick leave while i was still out on a work related injury. what can i do ? did the employer discriminate against me? (i was the only one she did this to)
  10. Is it true that when doctor's office is paid the co-pay on insurance for a procedure, etc, that the office must accept payment from insurance company as then paid in full? Thanks.
  11. Can a judge order my home to be sold to satisfy a default judgement from 2009 that I was unaware of until recently. I was alerted a few months ago that a debt collector wanted to collect on a default judgement. I found out last week it was from a credit card company. In 2006 I had disputed charges from what the credit card company called my account. An attorney I contacted advised bankruptcy due to complex circumstances. I had paid off one credit card with a pre-authorized check from another credit card, however BOTH debited the amount instead of crediting it and said I owed the new amount. I did not have money to hire an attorney and the entire mess kept snowballing. Now I am 62 years old on workers comp, and SS disability. I have a 16 year old grandchild in my legal custody that gets a small child support amount. I also am on medicaid, and get food stamps. I attempted to clear my name and once excellent credit, but with one good eye and one good leg it is very difficult. No one offers legal aid or legal counsel in the Hudson Valley area of New York. I was advised to seek advice from social security. (???) I do not have money, or other assets other than my broken down home and a 2006 vehicle in need of repair. So, I was told the judge can order my home to be sold to satisfy this judgement. Is there anything I can do without losing our home? My grandchild does not have anyone else, or anywhere else to go.
  12. Hi. I was hoping someone here would be able to assist me please. My ex (custodial parent, we have joint custody) is disregarding our visitation agreement. My son is in college (which I am paying 100% of) and when he is scheduled to come home for breaks, my ex does not tell him that his break is with me (I have made a calendar for him as a guideline as to where he is scheduled to be during his breaks and I go over it with him every few months). As with most teenagers he would rather spend time with his friends. While I fully support his need to see his friends, my ex does live far away from me (she moved) and I would like him to spend some time with me and his family here. This is now been going on for a year and the last break when he was off for 30 days, I saw him a total of four. My ex ignores any attempt that I try to discuss (phone calls, texts, e-mails, letters). I do not want to drag my child into a legal battle at this point in their life, but I just don't know what I can do anymore.
  13. We are relocating from Japan (I'm a US Citizen - wife is coming with visa/green card) with my stepson and biological children. I could not make my stepson my son in Japan due to a quirk in Japanese law for children older than the age of 6; however, the biological father has not been in the picture for 7 years. No contact, no financial support - easy to document If we could find him, I think he'd support taking full custody... alas Japan is Japan. I'd like to give my stepson citizenship by first taking full custody with my wife (his biological mother) in family court by providing abandonment; then applying for a N-600 via UCCIS. Has anyone tried this before? Any gotchas or flawed logic? Thank you
  14. Hello, I purchased a home in March 2016 from a relocation company in New York. Last month, I had an HVAC tech service the boiler and said that it had to be replaced due to its very poor condition(over 5 years in this condition). After calling around for estimates, an HVAC installer had records from 2013 stating that the boiler had to be replaced and signed by the owners. These owners are the ones who had filled out the disclosure statements that were given to us when we signed the contract. The owners stated that the heating system had no issues. We did have the system serviced before closing and he stated that he told them(not sure who at the property) that it had to be replaced and with an estimate, but had no paperwork. After notifying my real estate attorney, we drafted a demand letter and sent it to the relocation company and the previous owners. Relocation company stated that they are not liable because they did not own and inspect the property. The previous owners are saying that the contract was between the relocation company and us, not with them, therefore not liable. The overall cost of the system is $6,000. Owners are in the same state and relocation company is in another state. I am trying to figure out if I would have a case against anyone and how I should pursue. I feel that this was fraud and I should be able to recover damages. I appreciate your help with this subject.
  15. Hi, I am hoping to get some answers on behalf of my daughter who lives in New York State with her 2 girls and her partner. The older of the 2 has a different father. My daughter is the primary caregiver and there is no court ordered custody or visitation in place, nor has the father been paying ordered child support. His name is on the birth certificate. My daughter would like to relocate out of state, firstly for the health of her younger daughter who has bad asthma, but also to where she has more support of friends and a better likelihood of obtaining a job than where she is. Does she need permission to do so or, as her daughter's primary carer, does she have sole decision? She is worried about being charged with kidnapping if she takes her daughter out of state (as told to her by a friend). We need clarity on her rights please.
  16. A police officer stops a car based on a traffic infraction. He gets the motorists driver's license and goes back to his car. The computer to check the motorist for a suspended license or warrants is not working. The officer decides to give the motorist a break on the traffic infraction and lets him go with a warning. 10 minutes later, the police officer checks to see if the computer is working and runs the motorist's name. It turns out the motorist had a warrant for his arrest. 3 -4 hour hours go by and the same motorist comes into the precinct to file a police report for lost property or a crime that took place. Regardless, he comes into the precinct. The officer recognizes the motorist from the car stop and puts him under arrest for the warrant. Is he justified? Doesn't the officer need a reason to stop a person and then arrest him on warrant? If he comes into the precinct, can the officer just arrest him like that or does he need to commit an offense before the warrant can be applied? Also, let's say the officer arrests him on the warrant hours after the traffic stop and finds cocaine on him? Can he charge him with cocaine? That would be also be good as search incident to lawful arrest correct? Would there be a difference between an arrest warrant and bench warrant in this scenario? This is for NYC.
  17. It's been two years since I left my cheating ex, who is now having another baby with the woman he was cheating with (irrelevant). He didn’t want to go through the court system for anything, but instead wanted to handle everything on his own, coming up with how much he could give me for child support and so on. Of course I did not comply, and he fought nail and tooth over the figures. Thank goodness that is all over and we have the child support, health insurance and daycare settled. However, he never filed for visitation, and now he is harassing me over it. I tried setting up visits, but it was always a chore. I would email him, asking if this weekend was good for him. He would either get back to me at the last minute, or not get back to me at all. Everything was an argument. He refused to buy a car seat, so I would meet him somewhere with him. Then he refused to buy a stroller. It got to a boiling point. I don’t want to deal with him at all anymore. I want to deal with him as little as possible. I asked him to go for visitation because I’m tired of trying to do it myself. But he refuses. I don’t understand what kind of father refuses to go to court to obtain a court order for visitation, he tells me he doesn’t understand why he has to. This has been going on for the past year or so. I’m tired of him harassing me. Do I have recourse to do anything? I really don’t know what he has against going to court. Super frustrated, as I'm sure everyone is on this forum....
  18. I have a problem with my repair diagnostic from a service crew at the dealership where i purchased my car. I had my car brought to their repair shop (2007 Mini Cooper S) and they told me that they diagnosed my car and saw that my timing chain was failing (which they had to take apart the engine to see) but that they couldn't fix it because they didn't have the tools. So I had my car towed to a Mini Cooper repair shop and I paid $800 for them to take apart my car to get to the timing chain to fix it and there was absolutely nothing wrong with it. I have a written report from both the first service people and the Mini service people as well as photos of the timing chain clearly showing that it is not broken or failing. Because of the first service shop's wrong diagnosis I had to pay $800 in labor for no reason. Can I be reimbursed for this cost? Because without that diagnosis from the first service group, I would have never had to pay such money for diagnosis at Mini Cooper. I have documents proving the first service place VERIFIED the failing timing chain and tensioner, Minis report saying they took it apart and saw nothing wrong with the timing chain or tensioner, as well as photos of the whole timing chain system clearly intact.
  19. There is a clause in car leasing contract that reads "..."termination disposal charge". Until I returned my car and did not lease another car of the same make, I found out the actual meaning of that phrase is that you are essentially fined if you do not lease another car of the same make. Isn't this effectively forcing consumer to pay a fine for not buying another same make vehicle? I was told this is an "industry standard". Can anyone confirm this - is it really legal?
  20. My wife and I have five properties together. We rent 40 apartments. My wife has had zero involvement in managing the properties and that has been my job for the 15 year marriage. We are both on the deed. She is a full-time school teacher. Am I entitled to more than 50% interest if this has been my job? I have made improvements to the properties and I have been the sole person involved with the properties. My wife wants me to liquidate all properties and split the profits, split her pension and retirement. I will then have no income. This was my retirement plan. I would love to know if I have any options.
  21. Good morning, My father recently passed away and I am going through a major battle trying to retrieve my fathers belongings. I live out of state and my dad lives in New York. I am here temporarily because I am on a short timeline. So my father has a "fiancé" but never remarried. They share an apartment with each other where his belongs are. As far as I know there is no Will on record through the county nor state system. Her and her son continue to say that my father wrote a Will but was never filed through courts. They say that they won't let me on the property due to trust issues and me not being in their family. They said they put his belonging bags but they are even then refusing to let me take those possessions. I have tried to reason with the "fiancé" and told her that she can go through them with me because I know it is a major loss to her too but still refuses. There is property and accounts in his name such as electric accounts, apartment lease agreements, vehicles, insurance, bank accounts and possible more. But this all goes back to the fact that I can not go through his belongings, i.e. mail and any other documentation, to contact those locations to notify them of his death. It a big mess and many more issues on top of that. Even though my father has not had his funeral yet through me, she is wanting to have a funeral in New York. It is already paid for and in the books for this coming week. I plan on taking his ashes to where he grew up and have a funeral. I have already paid for the cremation process. I already posses copies of his death certificate and notified some companies of his passing. So I have a couple of questions? -Since they are not married, and there is no Will on file or even a written will that I know of, as the oldest son what can I do and what can't I not do to retrieve my fathers belongs and assets? -She says that she is looking for the will but can not find it, should I continue to give her time to find the will or should I just press forward to try and retrieving his belongs? -Can I as his oldest next to kin request to go through his belongs or take his belongings from the property? If so should I get legal permission and documentation from the courts to enter the property? -If there are accounts (bank, credit card, health insurance, car insurance) listed under his name, can I cancel them? If there are accounts under both of their names should I notify that company to let them know he has passed? -If they property is under my fathers name (vehicle), can I retrieve the vehicle even though they are driving it? or Both of there names have to be on the title in order for them to keep the car. To go off that question, if the title of the car is in my fathers name but he turned it over to someone else that has not turned in the signed over title can I legally still take possession of that vehicle at the end? -I know that my fathers name is listed on the lease of the apartment that he was living in, do I notify the landlord that he has passed? Who do I have to go to in order to find the landlord of that property? -Is it a disadvantage in my part to let her have the funeral? Can funeral homes distribute a death certificate to someone that they are not married to even though the have purchased the funeral? Or is the only location that you can get a title is through the county? -Is there common law marriage in New York? She continues to through out common law marriage reference like it is candy. Thank you for reading. I hope that my questions make sense and that you can offer your advice on the matter. If you are reading this and have legal reference or examples, that will help me more to understand your reply. All I am trying to do is just close windows in the short amount of time that I have here and move forward.
  22. Hope I am posting this in the right forum. About a week ago, I had my camera stolen from inside my car. (I had left it in my car in anticipation of going out that evening for taking photos, and had accidentally left the car unlocked. The camera is a professional camera that cost me many thousands of dollars to buy, and even after 7 years of almost daily use, it has a market value of $1000 or more.) I did two things immediately after I realized that my camera was gone: One, I filed a report with the police, I posted a message on a website called Nextdoor informing my community that my camera had been stolen. Nextdoor is a social networking website that connects you with members of your neighborhood. Soon, a neighbor responded saying he had seen it being offered for sale on an Internet bidding/selling website much like craigslist, called OfferUp. It was indeed my camera. I went back to the Police Station, armed with the new information, hoping that this new information would be useful. But the response from the police dept was tepid. They said I couldn't conclusively prove ownership simply based on the picture of the camera online. Eventually, the detective in charge of the case agreed that there was overwhelming evidence in favor of the camera being mine, and he asked the DA’s office to serve a subpoena to OfferUp for information about the seller. The evidence pointing to the camera being mine are: 1) The camea was posted on OfferUp roughly 12 hours after the camera went missing. 2) The person selling the camera lives in my neighborhood. 3) It was a Nikon D700, just like mine. 4)The lens on the camera was a 35mm Nikkor Prime lens just like mine. Photographer using prime lenses are few and far between, and the likelihood that this person used the same exact prime lens was even less likely. 5) The person was asking only $150, clearly didn’t know the value of the camera. Also there was no description of the camera on the item page, just a photo and the fact that it was used. 6) The camera/lens/lens hood together was the only items on sale, no other accessories, such as extra batteries or charge etc. that you’d expect if a photographer was selling his used equipment. The detective was confident that he would be able to acquire a subpoena to serve to OfferUp. But the DA’s office responded and said they couldn’t issue a subpoena without 100% confirmation that the camera was mine. That seemed odd to me. If 100% confirmation is the condition for issuing a subpoena for a stolen item, most items that are stolen would never be recovered, right? Earlier, the detective had contacted the company to give them a heads-up anticipating a subpoena. The company promptly took person’s 2 listings down. Now, I am dead in the water and don’t know what I can do at this point. I don’t imagine a lawsuit makes sense economically, even if I knew who to sue. I am reaching out to you kind people in the hope you can give me some advice. Thank you for your help!
  23. 16yoa honor student went to dr. for routine post appendectomy check. student expressed anxiety, so Dr. prescribed paxil., without guaridan consent or knowledge. student does not even take tylenol. 2 days into meds, student refuses to go to school & disassociates/withdraws from friends & family. prescribing Dr. contacted family end of week to checkj well being of student, advises adverse reaction, & stops meds. no response WHY meds prescribed in the 1st place. student taken to LCSW, who states student should be home tutored & under care until further time. student out of school 3 weeks and will receive incomplete for 3rd guarter. school refuses home school tutor (we dont have one), however may have after school tutor (at school) in 2-3 weeks. need recourse.
  24. I recently had Gastric Bypass surgery. On the day that I was set to go home I was paid a visit by the Cheif Nursing Officer and the head of Infectious Diseases, as well as my doctor, where they informed me that the tools that were used in the operating room during my surgery were not sanitized correctly, they are supposed to go through two sets of sterilization and they only went through one thus putting me at risk of exposure to different diseases, such as HIV and Hep C. They took my blood while I was there at the hospital and then given prescriptions for medications to potentially fight off HIV if I was in fact infected. These medicines make me absolutely sick to my stomach, on top of already having to deal with recuperating from surgery I have to deal with being sick every day, all day. They admitted their wrong doing and that they would cover the cost of the medications, but my insurance covers it anyways. I just don't feel that it's fair that I have to be sick every day for the next month while I take these pills to fight off something they may have given to me. And the fact that I won't know for a long time whether or not they even did. Do I have options?
  25. I NEED A LAW FIRM WHO CAN GET IN FRONT OF MR. TRUMP TO PRESENT MY CHILD KIDNAPPING CASE. Open Letter to Mr. Donald J. Trump regarding CRIMES AGAINST HUMANITY - Taxpayer-Funded Human Trafficking, Harboring of Illegal Aliens & Child Kidnapping under the RICO ACT JUDGES ABOVE FEDERAL LAWS? CONSPIRING IN CHILD KIDNAPPING & HARBORING OF ILLEGAL ALIENS! Violation of the Federal Immigration and Nationality Act 8 USC § 1324(a) (1)(a)(iv)(b)(iii) 200,000 Children every year Kidnapped or wrongfully retained into USA by Illegal Immigrants and supported by criminal Judges who VIOLATE their Oath and VIOLATE the American Constitution! "All laws, rules and practices which are repugnant to the Constitution are null and void" Marbury v. Madison, 5th US (2 Cranch) 137, 180 I am victim of a child kidnapping case by an ILLEGAL ALIEN who has been protected by corrupt judges. I need a smart and open minded (REPUBLICAN LAWYER) to help present my case to Mr. Donald Trump to finally get JUSTICE. My wife J**** A***** is ILLEGAL in the USA. As you know, Mr. Trump will arrest all ILLEGAL ALIENS, especially those who overstayed their visas. My wife is one of them. I wrote hard copy letters to Mr. Trumps office. Please let me know if you can help me and get this case in front of Mr. Trump. There are 200,000 children being kidnapped into USA by ILLEGAL ALIENS and they are protected by the corrupt Obama administration. I want my child back.