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Found 81 results

  1. I am starting an online personal training business and have a few questions about liability. In my past personal training positions, we have had every client fill out a liability waiver. I understand that this is to protect the trainer but that we are not protected if our client is injured because we are negligent. I would of course like to have a liability waiver, even if I am just providing them their training programs online, so that they understand the risks of any workout program. If you could help me answer the following questions, that would be greatly appreciated! Do I need a lawyer to look over and approve a liability waiver in order for it to be valid? Do I need to have liability insurance as well? How does the online aspects of training change things - if I am not physically there to correct form/add weight/spot, am I more or less responsible if they get injured? Thank you!
  2. I have been falsely accused by my child, 12 yrs. old, and the family law judge gave custody to my spouse with only 10 hrs/month of supervised visitation for me, even though I had 50/50 joint custody time and decision making, and took my dog away and gave it to my child. In addition I was required to give up personal possesions, pay for costs and more. The judge did everything they could do to me. I have not been charged criminally and it has been 7 months since my ex took my child to press charges against me. I add that this was the only incident of accused abuse and that my ex had tried 3 yrs. previously to gain custody through their lawyer. I was restraining my abusive child that intended to cause me bodily harm through hitting(20+ times), kicking, and trying to headbutt and bite me because I took away video games since I told the child it was time to go to bed, approx. 10 pm,, and the child refused. What my child did was then accuse me of strangling and all or any proof was just hearsay since the child wasn't in attendance at the hearing. Basically it was my childs word against mine since we were the only two in the house. Recently I have observed that my child has changed the details of what occured in my favor. I also know that my ex has put my child on medication for a mental condition that doesn't exist and had done the same 3 yrs. earlier when they, my ex, broke our parenting agreement while they tried to gain full custody. What I would like to know is what happens from here regarding the courts(NC) since my ex only has a temporary order. Is this order limited in time and if it is then what occurs after this time limit? I want to know how I can get more "supervised" time which I have requested and been denied by my ex, I don't want unsupervised time because all my child has to do is accuse me again. I would like to know if my ex has the right to give my child medication without my consent. I want to know I how to proceed regarding alienation of affection. I do have legal representation at this time but I am looking for a second opinion. Thank you for your input.
  3. I gave my stepmom lifetime right to live in home under certain circumstances. She was not to have a specific person on property whatsoever. She sign a paper and we had it notozied, Can I have her evicted
  4. My mother died intestate a year ago. She lived in North Carolina. The Clerk of Courts in her county tells me that the only way to get Letters of Administration/Testamentary to begin the probate process is to apply jointly with my sister, the other heir. We are the only two children, and she divorced from our father years ago, did not remarry, and he passed away a few years back. My sister refuses to apply, and has done everything she can to prevent us from moving forward. My mother has a retirement account that goes to her estate, a home that is not paid for that is now headed into foreclosure, and two vehicles, one vehicle had been paid off before her death and the other was cleared by her life insurance. What can I do to begin the probate process and get the estate settled, house, vehicles and funds in accounts, and creditors handled if my sister will not apply for the administration and/or testamentary? Are there any deadlines? What will happen to all of my mother's assets? I thought about trying to file a Motion for Court Ordered Mediation, or Motion to Dispense with Mediation, but the Clerk of Courts in the county that she lived in says that the Clerk will not accept any motion with out an attorney. However, according to the form, which is available on the http://www.nccourts.org website, there is no requirement for an attorney to file this form. I am spinning my wheels, and I am afraid that there may be some deadline that I'm not aware of, and we'll lose everything. Please help!
  5. Ok so ive been with my GF about 2 and a half years now when we 1st got together she had a Son who was almost 1 at the time.Said child is now 3.Since the Child was born the dad took off to georgia knowing she was pregnant with his child.The guys dad is litteraly our next door neighbor so he can't act like he didn't know he had a son..So No contact from him for 3 years at all he don't even know this kids Middle Name..Ive been the Sole Provider for all 4 of us for 2 years now never once heard from Said Father.So 0 Contact in 3 years he knows our number he could of tryed at anytime never cared too.So about 3 or 4 months ago My kids and her are on Medicaid so the state picked up the case and basically forced us to take out child support on him.Keep in mind he not on the birth certificate either.So he gets the letter in the mail saying they takeing him to court for child support he decides to give us a call after 3 Years! Mad about child support and scared of going to jail.So he starts threats saying if he has to pay child support he will fight us in court and fight for custody of a kid he never seen or cared for...Then about 2 weeks ago they finnaly go to court over it and he agrees to pay child support they offer him a hearing he deny it..Calls us after court says aslong as we send all his money back to him assoon as we get it he won't fight us in court as long as he gets his childsupport back every month..How should we go about this? Should we give him his money back every month to not have to deal with it? Or are we just feeding him more money to fight us in court?? i need advise bad cause this 3 year old boy has no idea who this guy is and he extremely shy.He won't react good to being with this guy who has made it clear as day he don't care about nothing but money..We tryed to terminate his rights he agreed to it they wouldnt let us do it! Need advise please!
  6. How do I find appeals cases concerning unjust enrichment concerning property transfer between private individuals? For Pro Se litigation.
  7. In North Carolina, it is a requirement that the divorcing parties remain separated one year prior to the divorce becoming final. Is there a way around this requirement? Meaning, if both parties sign an affidavit stating that they have lived apart for a year, will that affidavit suffice for the Court?
  8. Trying to Lease an apartment after having a Domestic Assault Charge Dismissed in Court - it was a deferred judgement and I was on probation - but had to complete all the "steps" to have the charge dismissed. Finding that Apartment complexes us that charge to deny a Lease/Rental Application . . . . seems like discrimination . . . . anyone have any ideas? Legal Grounds to Stand on???
  9. Hi, Everyone so I've recently was granted Joint Custody (2-2-3) and my son is two years old I was seeking advice on what I should do to get my son back in my care, stabled home. I know the judge sees it as whats in the child's best interest but my son is not taking this to well going back and fourth, house to house. I don't want my son growing up confused because each household is teaching differently. I'm a single mother with a six year old as well, my son father stays with his parents and I'm pretty sure his parents is doing all the work instead of him but the court see it as it takes a village to raise a family. I just need my son stabled Monday-Friday. I have no problem with him seeing his child but stability needs to come in place. I'm praying someone would be able to give me advice.
  10. I signed a lease with 2 other roommates. I had a medical issue and spent time in a hospital and had to move out of my apartment back into my parents house. My 2 roommates are telling me I have to find a replacement but they are turning down everyone I send to them. Am I still responsible for my lease even though they are refusing to accept the tenants I have sent them to take my place?
  11. I was in the hospital last week having an outpatient procedure. While awaiting my turn for the procedure a friend who accompanied me joined me in the waiting area to keep me company. While we were waiting a doctor came out and identified herself as an assistant to my physician and began verbally reviewing my medical history. I was appalled and outraged and much of the information that she disclosed was unknown to my friend. What rights do I have in recovery for this violation?
  12. January 23, 2017, I was sideswiped by an older woman when she was changing lanes into a temporary middle left turn lane. She says she "underjudged" how much space she had. Truth is, she hit me and left. (or appeared to be leaving.) I was stopped in traffic at the time. I followed her quite a ways (long temporary lane) till she finally turned off the major road, onto her own road and stopped. I include this detail as this is the reason I called the police before even getting out of the car. She never exited her vehicle even when the police arrived about 30 minutes later. I, in fact, took pictures of her damage and showed her on my phone (and my damage as well.) She also didn't seem interested in my license, insurance etc so I photographed all of it and emailed it to her. It was just a very weird thing. She. offered to write me a check for $1,000 if I did not call the police or go thru her insurance. I told her they had already been called. She was 77. Neither of us seemed injured, the police report states the accident was her fault and she admitted that to me and the cop after trying to find a way to blame me. I just kept saying "I was stopped." the cop could tell what happened. And drew the diagram perfectly. There is no question of liability. The next day, I was in pain. I went to the ER and was treated for neck and back pain. Was given a pain injection, and scripts for muscle relaxers and anti-inflammatory (toridol. I am allergic to all narcotics.) I started seeing my Chiropractor and now it's about 4 weeks later and I am still in pain. Esp my neck. I am having headaches and I never get headaches. The ER is billing me $1400 and wants to use my $2,000 med pay. My Chiropractor wants to use my med pay. And I am in pain. I called my own neurologist and she told me I have to pay out of pocket to see her as they do not bill car insurance claims. I told her she could bill my Medicare (i am disabled) and they would pay and put a lien against her insurance company/my settlement. She said that wasn't true. Anyway, I can't afford to pay for medical care and get reimbursed later. What if this was a serious spinal injury? People can't be expected to pay all their own medical bills and get reimbursed. I got a letter from a law group with the "i see you were in an accident" ambulance chaser line but they had a Q&A section that told me I was correct in the lien stuff etc. Today when I found out my own doctor won't see me unless I pay up front, I called that law firm. They were very helpful on the phone. We talked for quite a while, she pulled up my police report, etc. She said they work with doctors who will treat people and agree to get paid later. I told her I didn't want to see a doctor who would be trying to make things seem worse than they were etc. and just wanted a good doctor. (We all have seen/heard of prostitute doctors who work for insurance companies.) Someone is coming over tomorrow. I assume to have me to sign papers. So, I hate lawyers. I hate legal battles. I hate the stress of all of it. But I also need to get some care. I am scheduled for unrelated shoulder surgery next month and can't get into a 2 month arm sling around my neck situation with a neck injury. I am feeling forced to hire an attorney and I hate that. I can't find anything bad (or much of anything at all!) about this law group. And don't want to sign papers with a group who could screw me over like stories I have read here. But I also feel pretty over it and need to get a doctor to see me rather than just returning to the er. (I have disk issues in my lower back and am afraid of course with my neck.) So what's my question. Do most people HAVE to hire an attorney? How do I make sure I am hiring a good one. Is the letter I got from this legal group a sign they might not be the best? (ambulance chasers getting police reports. I also have gotten letters from Chiropractors who also apparently get police reports.) They have offices in 12 cities in North Carolina and were nice on the phone but... Ugh, I hate lawyers. I have worked with unethical lawyers before. Man, I was just sitting in traffic! I know, that's why they call it an accident. I already have a check to get my car repaired. There is no doubt as to liability. My own insurance man said if I use MY med pay my own insurance can go up. (I. Have no accidents and great rates.) The lawyer said not to let anyone use it although their Q&A says to use it. It's all so confusing to know what to do. And I am in pain and really, don't have the umph to call tons of lawyers and figure out who is good etc. I can't just pay out of pocket. MRI probably etc. I don't want to be trying to figure out who needs to be paid back for what and what liens and etc. Do most people feel forced to hire a lawyer? I just want to be out of pain and be done. It was just a small fender bender. Sorry if I sound whiney, I think I need some advice? Many of you seem to really know what you are talking about. Thoughts? The attorney must think the case is worth something for them to even be interested right? Damage to my car: $1250. (2009 Nissan Cube.) Not that it matters now, but it took her insurance company two days to talk to her. Their adjuster told me she was not returning their phone calls and she never reported the accident to them. Something was hinky. I wish now I had asked them to test her for alcohol. She never ever stepped out of the car. I guess why she hit me doesn't matter except maybe she should not be on the road anymore. Sorry this got long. I tried to edit but it just gets longer. 😁 It's late, I hurt and the lawyer will be here in 12 hours. Thoughts? Advice? Thanks. Be.
  13. My grandmother deeded her home to my mom in 2008 but my grandmother still lived in the home. My mom died in 2012. Me, my sisters and step father are her heirs. My stepfather never included the property that was deeded to my mother in her estate(he didnt realize he inherited the property once my mom died). My grandmother died this month. My question is if my grandmother had a will leaving the property to her living children does that null out the deed from 2008 and we are not the heirs anymore? Or are we still the heirs and can legally change the locks to safe guard the home without the permission of my grandmothers living children?
  14. My landlord is trying to evict me again, she just tried to evict me in November and I won that one. She said in November that I had someone living with me that was not on my least... Anyway I proved her wrong and I'm still here lol... I just got another eviction notice on Monday... Now she is saying that, me, my kids or my guess are having criminal activity at my apartment. What kind of foolishness is this?!?! My question is.. She has to have some kind of proof or evidence, right?? A police report, pictures, video, phone call, uuummmmmm... Something... other then what someone has told her????? She said that she heard things about my Brother and that people was complaining about him selling drugs on the property... My thing is.. What the hell do that have to do with me??? I have NO relationship with that man!!! He is not on the property for me or to see me. He has friends that live there and a girl friend as well. I think my landlord is trying to put me an my babies out on the street because she cant get to my brother!!!! this has really been hard for me, I see my therapist twice a week now and my psychiatrist put me back on my meds... Im innocent and my family do not deserve this!!! I should sue! PLEASE HELP!!!!! I HAVE NO WHERE ELSE TO GO AND I DON'T WANT TO BE HOMELESS WITH MY BABIES!!!!!!
  15. I purchased a vehicle 10 months ago in "clean" condition with two previous owners (according to the GM of a dealership that I purchased it from, it was his personal vehicle). After 2k in repairs I returned to the dealership and asked them to evaluate my trade. They offered me 13,500 (wholesale) when I paid 25k for the car. They offered me no explanation. Another dealer pulled the Auto check and told me there were two mileage flags for rollbacks and eight previous owners. Are dealerships required to disclose auto check odometer flags and rollbacks? After speaking to the manager I know they also use the autocheck system. The gm was terminated a month after I bought the car for "shady" practices, but the dealer insists the car was in excellent condition (even though they won't offer even low trade value to take it back).
  16. I live in an HOA around the area of Charlotte North Carolina. I have had an existing metal fence that was approved by the HOA and installed in October of 2015. The HOA requires that we use existing fencing that is up prior to us constructing fences made of other materials. For example, there is a wooden fence in on the property line you have to tie in with the same style of wooden fence, according to HOA rules. If it is metal, you tie in with a metal fence. A new neighbor built behind me and put a 6-foot wood fence up that is around 10 inches away from our metal fence. This was over one year from the time I fence had been installed. Now because the HOA is so slow in responding, three other neighbors have built off of this fence line . My question is...what is the exact definition of a double fence? Does a certain distance between fences negated from being a double fence? Finally, how do I get my HOA to act with dillegence so a small problem does not escalate into a larger one?
  17. I live in Bulington, NC and I have 6 acres of pasture land that I am trying to get the land back in shape for animals. I have a couple of drunks that live next to my land that I have called the Sheriff on repeatedly for trespassing. They get drunk then ride their ATV on my property putting ruts all over my property, they cut down trees on my property at night for bomb fires, and when I speak to them they cuss, use defamatory names at us,and even told me if I put any animals out there they will kill them. All the police do is keep talking to them and keep giving them no trespassing warning but that is all. Need I say my husband and I are a mix couple. Recently one of these guys got arrested for pointing a gun at someone in the face and threatening them. So, I'm scared they will do something to my husband or me and maybe both of us. We don't want to move, this is our home what can we do?
  18. I live in Charlotte, North Carolina. There is a one-foot separation between my backyard fence and the fence of my next door neighbor. My neighbor wanted to install new fence and asked me recently whether is was OK for him to use my side of the fence as part of his new fence. I am concerned that my permission will result in encroachment issue down the road when I want to sell my property. What is the suggestion from the legal professionals?
  19. Where can I get a free list of confidential informants in NC?
  20. Has there ever been a case where a Doctor refused treatment and was ordered by the court to continue treatment?
  21. Before I left Northern Virginia (NOVA) and moved back to southeastern North Carolina, I had been living briefly with my now former girlfriend. Her last known address was in Annandale. Last July, I knew that our relationship was indeed over. I tried as best I could to get all of my personal belongings out of her apartment, but I wasn't able to do so. I ended up leaving behind a couple of thousand dollars’ worth of personal property, including a $400 college ring which was a very special piece of jewelry. On July 20, 2015, I returned to NOVA after spending the last 1 ½ days in Richmond helping a couple of friends with some computer problems. I was delayed in my return to Annandale because a severe thunderstorm knocked out power in my friend’s neighborhood in Richmond. The outage began on the afternoon of July 19th and lasted for about six hours. I stayed until power was restored, because I wanted to make sure everything was working correctly on the equipment that I serviced. By then, however, it was very late in the evening. When I returned to my ex-girlfriend's apartment in Annandale the next morning, she was convinced that I had been fooling around with one of the friends I had been helping in Richmond. Despite my insistence to her that I hadn't, there was no convincing her otherwise. She then grabbed hold of me by my shirt, pulled her towards me, and smelled my shirt thinking that she would smell perfume. She didn't. I knew then I had to leave, and by this time, I was fairly distraught. I ended up leaving the apartment without my keys and without my uniform for work. I needed both for later that day, so I had no choice but to go back to the apartment with a staff escort. I knocked on the door and asked her to at least give me my work clothes and my truck keys. She didn't allow me to enter the apartment, but instead brought my work clothes to the door. She also took the keys to the apartment off my key chain before returning them to me. I now had no access to the apartment building or the apartment itself even though my name was on the lease at the time. I also had no access to the personal property that was still in her apartment. Before leaving the apartment complex that morning, I knew had to at least get some of my things out of her place. Since I no longer had my own set of keys, I had no choice but to go to the apartment office and get a spare pair from the front desk. When I went to her third floor apartment with the spare pair of keys, I still wasn’t able to get in because she had bolted the door with the chain. She had already left for work, but her son was still there. She had ordered him not to allow me in the apartment. Her son finally allowed me to come in and collect some of my personal belongings. I didn’t realize it at the time, but all that I didn’t take with me that afternoon was what I ended up having to leave behind when I returned to North Carolina. For the next few days, I stayed at a friend’s house and spent the night on the floor of his office trying to sleep on an inflated mattress. While all of this is taking place, I learned that my father had been admitted to the hospital for salmonella poisoning almost 400 miles away in Wilmington, NC. My Dad is 78 years old and is dealing with other health issues including congestive heart failure and diabetes. Since I no longer had a place to live, and since my Dad needed help once he was released from the hospital, I decided to put in for a hardship transfer at my place of employment. Afterwards, I began making immediate plans to return to North Carolina. I made one last attempt to get the rest of my personal belongings from my ex-girlfriend’s apartment before I left NOVA, but I wanted to do it without her being there. I asked her to please respect my wishes on this request because I didn’t want to have another nasty confrontation. She refused to comply. I then said something in haste that I deeply regret. “Just give them to Goodwill.” I didn’t have time to argue with her and to go through another potential domestic dispute if she was at the apartment while I was attempting to retrieve my belongings. I had to get on the road and get back to North Carolina in order to assist a father who was in frail health. I proceeded to the interstate, and I returned to North Carolina without collecting the rest of my belongings. In the weeks afterwards, I made an attempt to contact my ex-girlfriend via e-mail to discuss possible options to get my belongings from her. I didn't get a response from her. The only thing she sent me was a couple of bottles of medication that I left in her apartment with a return address of Hanover, VA on the package. She also included a note (dated August 19th) saying, in a round about way that she given all of my belongings away. She also mentioned that she was no longer at her place of employment and to please leave her alone. I was furious. I had presumed that she had left her job in NOVA and had moved back to the Richmond area where most of her family and friends live. Then, on September 20th, I received an e-mail from my former church in Fairfax where I was once a member of the Council. I learned from the minutes of the meeting that she is still in NOVA, which made me wonder if she had lied to me about still being at her place of employment and possibly about other things. I then sent her an e-mail when I learned the latest about her situation. Within a week, she had changed her e-mail address and her phone number in order to prevent my being able to contact her. If I chose to file a civil suit against her, then I would need a definite phone number and physical address in order to do so. I would also have to travel almost 400 miles back to NOVA in order to file this suit in person at the Fairfax County Courthouse. I can't do it via e-mail, regular mail, or by phone. I thought about hiring a lawyer to handle this matter, but then there is the issue of cost. I don't have very much money right now. I also don't even know if she is still in the same apartment that I shared with her when I left last July. I welcome any suggestions or options as to what I could legally do to retrieve my belongings (assuming she might still have them).
  22. My husband incorporated a Consulting company (Inc) in my name registered in Illinois in last quarter of 2013. I was 100% owner of the company. My husband was employee of that company. Bank account in company’s name was opened in Charlotte. Account was operated jointly with my husband for convenience. In January 2015, due to problem in marriage, I had to go to India with my parents. I returned to USA in December 2015. We have Filed law suit for divorce and property distribution. My husband did not pay tax, file IRS return (federal and state) but in April/May 2015 withdrew all money during my absence and without my knowledge (though I am the 100% owner of the company) from the Bank Account in NC and closed it to fix me in IRS problem. He didn’t give any details of the company, allow company CPA to file returns etc. I had to file return, pay tax and penalty by borrowing from relative. At present, I am at great loss and trauma. My question is that I am 100% owner of Inc and husband was employee of the company. He was allowed to operate jointly for convenience. Can he withdraw all my money and close the account without my consent? He embezzled all money either in his account, in cash or transfer elsewhere. Does it become a crime in law? If yes, what kind of crime and what remedy is available? Can I get my money back? If yes, how? If no, what should I Do?
  23. In July 2011, the divorce from my wife was finalized. One of the conditions of our split involved the separation of all financial accounts in both of our names. Those conditions were satisfied in our divorce agreement with the exception of one account. We still had an Equity loan (or second mortgage) on the home we used to reside in together. I would go on to surrender all of my rights that house. I signed a form which allowed me to have my name taken off the deed. I didn't want the house or any of my former wife's assets. The conditions of our separation, and eventual divorce, said "Husband and Wife stipulate and agree that they have heretofore divided any joint accounts and that each party shall be the sole and separate owner of any and all such accounts in his or her sole name." To this day, that condition hasn't been satisfied with this particular loan. I haven't complained very much because the loan has continued to be paid on time every month. It does, however, have a high interest rate, so my ex-wife isn't making very much progress on paying off the loan. She is actually paying just as much on interest as she is on the principal. In the meantime, I've had limited success after reminding her about this situation. Right now, I can't help her with paying off the loan because of my own financial situation. I've been told that she needs to refinance the loan or sell the house. She is now using the residence as a rental property. and she has told me that the amount, which is now about $13K, is too big to move to an unsecured personal loan. Although I myself am not paying on this loan, it still shows up on my credit as debt, which has begun causing some problems for me. In the meantime, this problem drags on with no resolution. My former wife sought the legal help to begin the divorce process. Therefore, I can't speak directly with her attorney about this matter. I never sought an attorney myself. I was simply sent the divorce papers, I signed them, and sent them back. After almost six years, I'm still dealing with this one last financial matter. Advice?
  24. What is the best way to find a reliable vehicle when you can't put down any money and your credit is not in the best condition? I've looked on places like Craig's List, but the problem with shopping for a vehicle there is that you can never be sure what you're getting. It's always a risk, especially with older vehicles, when you aren't covered by any kind of warranty. The problem with dealerships is that they always have to run a credit check, and I learned the hard way that too many inquiries on your credit lowers your score. Because of my credit situation, I've been told that I would have to buy a new vehicle in order for the banks to feel comfortable lending me anything. I like the older vehicles, but getting approved for a loan is more difficult. I do have a job and an income, but I still can't afford but so much a month on payments. I was hoping to find a payment of less than $200 per month, but in my situation, that probably isn't realistic. I welcome any suggestions you can offer.
  25. There is an affair going on in this company between one partner and an employee. Is there any law in N.C. that the Company needs to notify the wife of the partner that there is an affair going on between her husband and an employee?