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Found 102 results

  1. Is there any legal recourse to take against a builder (general contractor) who doesn't finish a house in the contracted amount of time and what is finished is poor quality workmanship and material? Documentation.pdf
  2. A bit complicated situation I have, please bear with me. My husband past away recently with a will. I'm the surviving spouse and a sole beneficiary and executor. He owns 2 houses, one in MD, and another house in VA where I live with our two children, and where my husband passed. The house in MD has only his name on the deed and loan, and it is slightly underwater (the house's value is lower than the remaining of the loan). This house is a rental through a management company. The house I live in VA has both my name and husband's name on the deed, but only his name on the loan. This house has some equity. My husband also has one bank account where he kept his TSP retirement fund (90k) and our children's college funds (60k), which is on the probate process in VA. I started the probate process as I was told by the bank that I must have a letter of testamentary in order to change the name of my husband's accounts to mine. Other bank accounts are jointly owned. Since I can not afford the two mortgages, I want to walk away from the house in MD and keep the house in VA. Here are my questions: Q1: Can the mortgage lender for MD house come after our house in VA ? Q2: Can the mortgage lender for MD house come after my husband retirement and kid's college funds that are on probate in VA? Q3: If I am going to walk away from the MD house, what are my responsibilities for the mortgage lender, management company, home owner's association and home insurance company? So far I wrote a letter to the lender to inform his passing. Q4: After his death I got 'intent to foreclose" letter from the lender and found out the last mortgage payment was made in January 2017. After I found this out in March I am keeping the rent checks from the mortgage company so I can return to the bank if necessary. But am I responsible to pay back the Feb - March rent checks? They were already cashed. I am currently unemployed as I was caring for my husband battling cancer for the past few years. I talked to an estate attorney in MD but he said he is not sure about question #2. Any advice will be appreciated!
  3. I have twice borrowed from the same bank, once in 2006 and again in 2010. Neither time was a lien against my house mentioned. I went back to refinance and now they tell me there is a lien from 1979 that matured in 2009 that is against my house. The holder of that deed of trust issued a letter of satisfaction in 2005 but listed the wrong page number The Letter of assumption page 600 and not the Deed of trust page 602 and also listed the wrong trustees and the deed of assumption amount and not the deed of trust amount. these were recorded in the county clerks office. The son of the original deed of trust holder (now the business owner) will not issue a letter of satisfaction even though we presented him the letter of satisfaction from his mother and claims her has no records of it being paid or could not produce any balance due or record of the note. . The deed of assumption was paid off by me on the first loan but never any mention of the other lien. Hasn't the bank put me at an increased risk for foreclosure and credit issues? Again twice they have lent to me on this house ..... not even listing that other lien as a note against the property and charged me for title searches.
  4. This deed of trust secures a promissory note. The statue of limitations in Virginia to force payment for a promissory note expires 6 years from the due date of the note. Since the due date was listed as March 1, 2009 and there is no known movement, judgement or action taken on this note since on or before September 2005 has it has now exceeded the statue of limitations of the Promissory Note.See Virginia Code 8.3A-118 Virginia Code § 8.3A-118. Statute of limitations. (a) Except as provided in subsection (e), an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within six years after the due date or dates stated in the note or, if a due date is accelerated, within six years after the accelerated due date. (b) Except as provided in subsection (d) or (e), if demand for payment is made to the maker of a note payable on demand, an action to enforce the obligation of a party to pay the note must be commenced within six years after the demand. If no demand for payment is made to the maker, an action to enforce the note is barred if neither principal nor interest on the note has been paid for a continuous period of ten years.
  5. Suppose there's a company X that run a sweepstakes that give a chance to win $50 gift card, when a user texts the number they will receive a link to check if they win. Suppose the link is www.abc.com/12345, if I change the number in the link I could be given another chance to win the gift card. Would that be a computer crime because I tamper with their system (changing the link)? Furthermore, suppose that www.abc.com/99999_1 is the winning vouncher, if I change it to www.abc.com/12345_99999_2 I could win another one (legit coupon). Also, the maximum number of winners is 10 per day and I win them all. Are there any felony/crime committed?
  6. 1 year ago I was With my friend in a Car he was Driving but things got out of Control and he lost it, he crash the car, minutes later the police came and my friend said I was the one driving, I had been living with him in his house for 2 month without paying rent, because I was still looking for a job this sounds dumb because I decided to take the chargers, then at court I was found guilty, but now things are even worse a company it's suing me because when that happened my friend crash by a pole, which belongs to the company that is currently suing me, now I can't and don't want to pay for those damages, is there a way I can go back to court and testified it wasn't me I have all the proof necessary to put the blame on him, what can I do will it affect me somehow if I do go to court again to do what I wrote in the previous line I need help!!!
  7. I'm a plumber who performed work for a lady who agreed to pay my fee after work was done. She gave me a check for the amount due, and several hours later called to dispute the amount. I agreed to allow her to send me a slightly reduced check (which is the price she came up with). Now, I've received a certified letter with a check for only half the amount. She is insisting I pay for the certified letter and the fee she had to pay to stop the first check. Can she do that? How can she enforce that? We did not have a written contract.
  8. 2 years ago I had an accident and unfortunately hit a Verizon pole, i went to court and the Judge found m guilty, but nothing else happened except for paying traffic tickets, yesterday 4/19/2017 a lawyer call me telling me i have to pay Verizon 22,000 dollars on damages, i cant pay that even if they cut the payments into 3 parts i make around 15,000 a year, if i fail to pay can i go to jail and how many years approximately? any answers?
  9. Thanks in advance for reading this. So I broke my lease recently and moved out and had to write a check for the early lease termination fee (two months rent). I mailed it to the property manager's office and didn't hear from them or see that the check was cashed for weeks. Last week, we had this exchange via email: Me: Hi, I mailed you my check a few weeks ago and haven't seen it cashed yet. I just wanted to make sure that you received it? Property Manager: Yes, we received your check, however, for move-out payments we require certified funds. Can you please provide a certified check or money order and I will return your personal check to you? Me: I corresponded with you about this final payment quite a bit and no one ever mentioned certified funds nor was that request put on the final bill. Can you please just cash the check? Property Manager: Okay, we will cash it. A few days ago I got a call from a debt collector that the property manager had hired to collect my move-out fee. I told them that I had sent a check in and pulled up my bank account online while I was on the phone with them and saw that they had cashed the check the previous day. I gave the debt collector the check # and they said they would verify it with the property manager. The next day I get a message from the property manager saying that the check wasn't cashed. I send them screenshots from my bank account showing that it was cashed. They asked for the image of the back of the check, so I sent it. The check had been signed with the property management company's name. Then this morning I get an email from them saying "We have been made aware that our company did not cash the check, therefore you will want to alert your bank that the check was fraudulently cashed in our name. Please feel free to provide the bank with our information as we are investigating the matter as well." I don't see how it can be fraud if they confirmed that they received the check, had it in their possession, and were going to cash it? I've dealt with a few cases of fraud in the past where I've seen a charge on my card that I didn't make, I called Bank of America (which is the bank in this case) and they refunded me. Not sure if I should do anything different in this case? Should I just call Bank of America and describe my situation, or is this their burden to resolve because they were in possession of the check? Thanks in advance for your advice and suggestions!
  10. Hello, had a general question about fences and maintenance... and where I stand. My neighbor erected a chain fence in the rear of our confining properties. He previously had built a garden type fence on the property line. During the fall, I would blow my leaves against this fence and clean them up in the spring. He maintains this damaged his fence. I disagree but this issue is irrelevant now. He replaced the fence with stronger materials using steel chain link with thicker iron posts.. He wrote to me via email and underscored the fact that he built this new fence two inches within his property line, that the fence was NOT a property line fence and that I should not blow leaves against it. He also said he left the old posts up to "remind" me of this fact. I would say this 2 inch border is valid though at times it is hard to say because the new fence ends up being very close to where it used to be and even touches the old post that are there to "remind" me it is not a property fence. Now, I will do my best to respect his wishes just for the sake of maintaining good relations, though my personal thoughts is I am dealing with a fastidious neighbor. My legal questions of sort are: Does he have a legal right to ask what he did ? .. I guess so. Even if it is only 2 inches, it is his land and it is his property so he can ask that, correct ? .. or is 2 inches an unreasonable boundary to force me to do what he says. I guess if I did blow leaves against his fence anyway, and damaged it, if he proved I did so he could claim damages. So, if i can't blow leaves against his fence, what happens if I plant a shrub and eventually some branches touch his fence ? Technically speaking.. he could cut any branch that touches his fence, correct ? I am not saying it would get to this point, but I am just curious. But there is another side to this coin as well. Just like I can't blow leaves on his fence, he cannot just ignore maintenance on those 2 inches he left beyond his fence, correct ? Now I don't want his grass or weeds on that two inch strip to invade my land. I know, this sound ridiculous, but technically ( or legally ) speaking this is a claim I can make, correct ? And I can make it with the same validity and emphasis that he makes his, no? And finally, what about the notion of Prescriptive Easement, does it apply ? My neighbor will not be maintaining those two inches; I am pretty sure about it. In the past, he has not maintained the original fence or property behind it. In fact, my leaves blown against the fence prevented growth from spreading. But now I cannot blow leaves against the fence and to maintain my property, I feel I will end up have to care for those two inches of land as well. So not only will I have to find another place to blow leaves, or make certain that if I blow them in the rear they do not touch his fence, ( more time spent for me), but I will also have to care for his 2 inches. This does not sit too well for me. Any general feedback is appreciated, thank you
  11. TPS

    My parents have lived under Temporary Protected Status or TPS, since 2001. They are both from El Salvador. Is there a law that would allow them to apply for a green card or adjust their status here in the U.S.? They both have been give permission in the past to travel back to El Salvador to visit my sick grandparents.
  12. My daughter has been renting a property for 3 years from a woman who makes herself completely unavailable when anything goes wrong. My daughter, her fiance and 3 small children moved into what was seemingly a decent place with a nice, large back yard for the kids. She was given 30 days to turn in a list of any issues on the property that needed attention, and the landlord was to fix these issues. My daughter put $4,000 down on the residence and pays $600 monthly. The first issue was the underpinning being in extreme disrepair. The landlord said she'd have it replaced. Never happened. The bathroom fan in the master bath didn't work. The landlord sent her maintenance man to rig it, and it stopped working again within a couple of weeks. My daughter informed the landlord there was a weak spot in the floor in the hall, to which she told my daughter that she was mistaken, that she didn't feel any weakness there. 30 days in, during a hot summer, the central air broke down which happened the same day we noticed a river of water running through the vents in the floor. Water flowing through them just like a small river. The AC was of course shut off and landlord contacted. She could not be reached the first several attempts, but when finally answering said she'd send her maintenance man over. The maintenance man came over and told my daughter that the unit was basically shot and would need to be replaced. The house was unbearably hot so my daughter had to buy 3 window units which barely cooled the house, but was an unexpected expense nonetheless. For this, she was late on her rent and was promptly sent a summons to court for non-payment/eviction. My daughter struggled and paid her rent, the landlord canceled the court date. About a month later, the residence had no hot water. She searched the residence for the water heater and could not find it. We hired a handyman to come and look since we were fairly positive wherever it was, it was shot. He discovered there had been a wall put up around it with no access. He had to cut the wall out, to discover not only was the water heater useless but sitting about 1/3 way through a rotted floor. Yet, another unexpected expense replacing a deliberately hidden shoddy water heater, and to replace the floor. I have videos of this whole process. About a month or so later my daughter noticed a huge, dark green patch of grass in the back yard that stayed wet no matter how dry the weather. She advised the kids to avoid that area when playing back there. She called the landlord and she said she'd have someone come out and look at it. The maintenance man came out and told my daughter it was due to plumbing problems. The landlord was made aware and did absolutely nothing about this situation. About a month after that, the refrigerator that came with the residence quit working. My daughter had to scramble to replace it as not to lose all the food she and her family had. Another unexpected expense which caused her to be late on rent, to which the landlord sent a very prompt summons to court. My daughter paid late, and the court date was canceled. Around this time they discovered a leak under the kitchen, water running out under the home. The dishwasher, which my daughter had never used, was also leaking stagnant, smelly water all over the kitchen floor. The landlord was called numerous times, messages left, no response from her. My daughter called her over and over with no answer. Therefor I tried, and she answered me on the first ring with my unrecognized number. I told her of the issues, to which she quickly stated once again she'd have her maintenance man come look at it. She later told my daughter not to ever have her mother call her again, that she'd only speak with her about the issues at that residence. The maintenance man came and basically told my daughter he would have to do some repairs to the pipes. The pipes still leak to this day, and has caused the flooring in the kitchen to float and move and the entire floor to become weak. Anyone in that home could fall through that floor at any time. Over time, the water damage inside the house has gotten worse, and the dark green patch in the backyard larger and larger. My daughter called the landlord to remind her of the problem in the backyard to which she told my daughter that she was busy babysitting and hung up on my daughter. My daughter called her back to tell her that she was happy that she had children in her care who could be inside without fear of falling through the floor, and outside without fear of playing in raw sewage. It became obvious the issue in the backyard was either a full septic tank, or collapsed sewage pipes however, we are not experts and it is not my daughter's responsibility to hire an expert. Instead she called someone else at the landlord's company, Jazz Inc.. My daughter was told to send the landlord another letter concerning the back yard, certified, so she did. A few days later, a plumbing company was sent out to my daughter's property while my daughter was at work. She came home to find large holes dug into the yard full of sewage water. This was two months ago, they've not been back to fix anything, or fill in the holes. The back yard is completely unsafe now for the kids to play. There is not one aspect left of this place that originally drew my daughter to it at the beginning. She and her fiance both work full time, and work very hard. They've kept the residence and the yard clean and nice. Eleven days into the month of February 2017 now and my daughter already has a summons to court for being late for Feb's rent. The place is nearly uninhabitable, the landlord is never available, but she is certainly quick to send those summons'. I'm starting to believe it's the only duty of a landlord she has mastered. My daughter has the money, but really wants the backyard she's been paying for and signed up for as well, for her children. I'd also like to see her be able to get the $4,000 back she put down on this money trap. To this day, the plumbing leaks under the kitchen, the dishwasher has never worked... ever. The refrigerator, the water heater replaced at my daughter's expense, and window unit air conditioners had to be purchased for the central AC only worked about a month. The bathroom fan has never worked and the underpinning never fixed. The back yard has become a health hazard. The floor in several places inside the home are unsafe. YET, my daughter is the one with the summons. I am writing this for my daughter, for she is working all the time, plus I have been around and know all that is happening, and let's not forget I'm forbidden to talk to this landlord myself or I'd try to help. It's obvious that it's pointless to try to contact this woman anyway. I really do need legal advice. Anything you could suggest would be appreciated. Thank you
  13. Ok so my fiancee and his ex signed the divorce papers on 3.25.16. She appealed it to the VA Court of Appeals on 4.24.16 but then her attorney withdrew his Counsel. The Court of Appeals dismissed her case on 11.7.16 and the divorce was marked final in the Court system. So his ex filed a Motion for more money and to adjust custody/visitation. Her entire Motion is just a copy of the Appeal to the Court of Appeals. Basically her lawyer is trying to re-litigate a closed case. Is this even possible? She already gets $4K per ,month, doesn't have to work and has custody of the kids. We see the kids 8 times a month. Not only that, he had to get a new job since his contract was ending on his previous employer. He had to take a $30K pay cut or risk being without a job. We're so over all of this. She filed her motion with no "special circumstance" to revisit the support. She's just greedy and wants more money. We're doing the best to make ends meet due to the pay cut. Any information or insight would greatly be appreciated.
  14. Sexual Battery Assault Charge against a Minor Under 13 years of age. If someone in the state of Virginia, is arrested, charged, and sent to jail, awaiting trial, under statue 18.2-67.3 Aggravated Sexual Battery, what specific criminal elements have to be found, to put someone in jail, to await trial. I ask because, if someone who has been drinking, for example, has an altercation with someone under the age of 13, which results in the Adult physically moving the minor off let's say a bicycle, because they were mad the Child refused to move when asked to, and then setting the Child on the ground, after they took the Child off of the bike, and in doing so very possibly could have made contact with the Child's breast, or other body part, then how would that fit under the Virginia Criminal Code Statue 18.2-67.3?.. I'm not a lawyer, but I would think that a Child misunderstanding or wanting to cause trouble, would not be enough to have someone arrested, for sexual battery. Wouldn't the Police Officer had to have found something else, to make an arrest, or was just the statement from the alleged Victim, are her Family enough? enough, to write his or her report
  15. I don't think I quite understand what exactly is meant by quiet enjoyment. Does this pertain to a landlord who enters your rental without notice or permission? Or does it literally mean I have the right to quietly enjoy my rental space? Also is quiet enjoyment a guarantee by VA state statute or does it have to be in the actual rental agreement? Thank you all for your help!
  16. My fiance's son's mother is upset that we are together and as a result has blocked all communication between him and the child. They have a written agreement that states that every three months he gets the child but must give her a months notice before making arrangements for visitation. She and the child currently reside in Virginia and we are in Florida so we buy travel to get the child. There have been several times where we have made the trip and she has denied him. Currently she is telling him that unless he breaks off things with me he will not be able to see nor speak to his son. Please let me know what should be our next move and what type of lawyer we should be looking for. Thank you
  17. Ok, let me try to get this all down for you as she told me the details. Daughter:18 now. In Minnesota "Boyfriend": over 40. In Virginia Supposedly they started talking via internet chat a year and a half ago when she was 16. She told him she was 18 at the time they started talking. Supposedly no pictures sent, just text. He came to Minnesota about a year ago and she drove an hour to meet him. She was 17 at the time, but told him she was 19. He left after a few days and went back to Virginia. Fast forward to now. On her 18th birthday, she told him her true age. They kept talking. She has left college to be with him. Wants to get married. I think she is making a huge mistake. Is there anything I can do to get this "gentleman" arrested and put away? Did he actually break any laws that I can report him for? Please help me figure out what I can do...
  18. 11-17-2016 - Thursday Someone please explain this law to me and what it means!! Is this about the make whole doctrine in all 50 states? Does this mean of the settlement money received by the insurance company that the payout or subrogation is limited to what funds are taken by the settlement money? For us does this Virginia law also pertain to MCV - Medical College of Virginia hospital services which are related to a car accident? If so, and the attorney we worked with did not apply this law does that mean he is a malpractice attorney? Thanx!! § 8.01-66.2 Lien against person whose negligence causes injury Whenever any person sustains personal injuries caused by the allegednegligence of another and receives treatment in any hospital, public or private, or nursing home, or receives medical attention or treatment from any physician, or receives nursing service or care from any registered nurse, or receives physical therapy treatment from any registered physical therapist in this Commonwealth, or receives medicine from a pharmacy, or receives any emergency medical services and transportation provided by an emergency medical services vehicle, such hospital, nursing home, physician, nurse, physical therapist, pharmacy or emergency medical services and transportation provided by an emergency medical services vehicle shall each have a lien for the amount of a just and reasonable charge for the service rendered, but not exceeding $ 2,500 in the case of a hospital or nursing home, $ 750 for each physician, nurse, physical therapist, or pharmacy, and $ 200 for each emergency medical services agency providing emergency medical services or emergency medical services vehicle transportation on the claim of such injured person or of his personal representative against the person, firm, or corporation whose negligence is alleged to have caused such injuries. Lien against person whose negligence causes injury (§ 8.01-66.2)—Virginia Decoded - Virginia Decoded https://vacode.org/2016/8.01/3/7.1/8.01-66.2/
  19. I was recently demoted and when I asked why I was told my job was given to someone else because she "aspired" to have that job (That is what my manager told me when I asked why this decision was made. No constructive feedback was given.) This was apart of other organizational changes. However, I was the only one who lost my title and department. I spoke with HR and was advised that the director advised them off all the other changes, but did not advise them off my demotion. According to HR, they did not find out about my demotion until the email went out to the company. This change was not due to poor work or other job issues, it was solely because someone else wanted my job and team. I have documentation that shows I had first had the same "aspirations" dating as early as 3/2015. I also was played a role in blowing the whistle on another senior leader that was targeting, bullying, and retaliating against other employees a few mon the ago. This lead to the firing of that leader. After this took place all other senior leaders turned their backs on us and began treating us differently than before the report. It feels as if I'm being retaliated against and discriminated against in an effort to force me to quit. Does this sound like a case for racial discrimination? (Just to add, my team and are predominantly one race that is not the same race of the person who was promoted to my job, nor her team. Also, the whistle blowers were predominantly one race.)
  20. Hi there. I've tried to contact the county and several attorneys, but no one gives me a proper answer. I was in a bad landlord-tenant situation with a crazy landlord who would harass me when I lived on his property (walk in with his key anytime he wanted, physically attacked). He'd apparently done this to previous female tenants and I was able to get in touch with one of them, who confirmed she had the same horrible experience. I filed a protection order against him finally, and to retaliate, he filed an eviction notice. Long story short, I had the police report, etc. from the harassment, but when it came to court time, my attorney - who was AWFUL - didn't present it and kept shutting me down on presenting my case. The other tenant who had the same experience as me said she'd come to court and didn't show up, either. Anyway, the judge decided that the "relationship" wasn't working and gave me the eviction, and awarded the landlord attorney's fees only (he'd asked for b.s. damages, which he couldn't prove because I had photos of everything). After this, my attorney reached out to the landlord's attorney to set up a payment plan for the judgment, and his attorney refused. The landlord's attorney then filed a garnishment against my bank, but I'd closed my account at that point, so they got nothing. I have now reached out to the landlord 2 times, asking him to set up a payment plan with me, and he has never responded. I reached out to his attorney and he said he no longer represents them, but would pass my message along. I have never heard anything since. I called the court to find out if there's a 3rd party I can make payments to, so I can show I've made an effort to pay and the court clerk said no (though I'm not sure if the clerk knew what she's talking about) I've reached out to consult with a local attorney - the only one who responded - and he said he'd look into it, but I haven't heard anything back from him, either. I'm trying to find out what there is that I can do to resolve this issue. Incidentally, the landlord lives out-of-state and the only way I know how to contact him is via email. Not even sure if he still lives in the same address as before. Thanks.
  21. Here's the story, maybe someone on here can help out with some advise from a different point of view or similar situation. About 2 years ago my ex left, she moved out to shack up with her boyfriend now who was living on her grandmother's couch at the time. She lies constantly about any and everything. She literally will look at the sky and argue it's green. Her boyfriend is a habitual offender felon who is on drugs, I'm fairly certain shes using too due to her insanely erratic behavior, however I cannot prove it yet. We have 2 children together ages 2 and 7, I have them, I am the custodial parent. She is allowed time with them every other Saturday and Sunday. During the temporary order i managed to get supervised visitation for her only. The unsupervised visitation was when the problems started. She was originally ordered not to have our children around the boyfriend or his children due to his felony background. She constantly broke that order, my son would come home and tell me every single time. She once even brought his son with her to drop off at my house, lied and said it was her other son's friend. She fought this order and eventually got it lifted that our kids can be around her boyfriend and his kids. The courts said his felonies (which include Arson, Escaping from Prison, Habitual Offender, and a bunch of other crimes like Evading the Police) weren't violent enough to warrant keeping the no contact order in place. For starters, his children are very much older than mine and are little punks, what you would expect of children raised by a pos father in and out of prison his whole life. They use drugs, they fight, they smoke, etc. My son has come home several times with bruises from them beating on him. Once his whole left side of his face was swelled up. When I address these or any concerns with my ex she just calls me a liar and dismisses it. We are all ordered not to smoke in my son's presence nor any home he is staying in. He is asthmatic and cigarette smoke really sets him off, I do not smoke, however she does and continues to smoke around him and allows her boyfriend to do the same. She teaches our children racist words and tells them they are good to say. My son tells me theirs drugs and guns in the house when he visits. He tells me that his mother tells him to lie about things and records it, like I beat him, he told me his mother tells him to lie about how he gets hurt because the judge will take him away and hell never see her again. My 2 year daughter tells me she sleeps in the bed with mommy and her boyfriend, which im really not cool with. She also told me and several other people that mommy smacked her in the face on more than one occasion. She allows them to do dangerous things like ride atv's with no helmet, they piled the kids up in a flipped over campershell and pulled them behind a truck through the yard in the snow. The list goes on, I am at my end and I have no idea what to do, the court doesn't seem to mind these things going on. I feel she needs to be on supervised visitation until she can straighten her life back up. In short If anyone has any experience in something of this nature any advise would be greatly appreciated. Disclaimer - This woman did not act like this when we were together, I never expected any of this, it's like shes reverted to the mindset of a teenager.
  22. My husband and I separated in early 2010. During this time he obtained full custody of our children. Subsequently, we got back together less than a year later. How do I go about getting this order dropped?
  23. 10-13-2016 Thursday - Story of Car Accident - 18 year old reared end us in 12/2013. It was the interstate where she was driving down the middle of the highway hit us from behind to flip the car to the right side landed on the roof in the ditch. She told us she was going home from working at a local small restaurant. Facts are the police gave her a following too close ticket. The police report states she was going 80mph in a 70 or 65 mph zone. The police never took pictures, nor got witnesses that were around us at the scene, nor took alcohol test. She looked at us while holding her cell phone. We think this is a distracted driver on the cell phone accident. Our attorney acts like he is working for the other side and not us? Why? It all looks like a scam now. No one in the beginning explained what we were signing. We always met with the paralegal not the attorney. Instead of being truthful about our case they should have told us what the claim was worth in dollars, should have advised us to stop seeing doctors if they knew the value of the claim, but let the 2 years drag out so that the medical facilities had time to place liens, allowed my disability payment to run out in 2 years, watched us drain our own 100,000 dollars to zero dollars now as we pursued finding our accident injuries only because medical student university said they could only work on one body part at a time, paralegal told us that the value was 350,000 and husband was worth 1 million, now told the policy value is only 100,000 each. Husband's medical bills total 61,000 estimate. Attorney fee is probably 33 and 1/3 percent. We were told that we can't file bankruptcy because attorney told us he would drop the case and he would get nothing a zero settlement. It appears he may get a kickback from medical facilities as like those attorney's who collect delinquent bills and even a kickback to low ball us with defendant's insurance adjuster. And I am sure there might even be a paper we signed that might pertain to a lien to the settlement if we ever thought of backing out of the deal! Is there a way to get rid of the attorney now? And if we do get rid of the attorney do we forfeit losing settlement money and statue of limitations. The date of the accident was 12/26/2013. Today is 10/13/2016. I see where the insurance companies and the attorney's have it all figured out like a scam! The medical bills and the attorney fees eat all of the settlement money up! What do we do now? Can we still file bankruptcy? Can let go of this bad attorney? Do we lose the settlement money because of the statue of limitations? Do we cut our losses and move on? Can we later file an attorney malpractice? Can we later file medical malpractice for the Physician Assistant telling us they can only work on one body part at a time? Even though the accident was in Virginia our home address is in another state. Should we file bankruptcy in Virginia or our state of residence by our drivers license? What do we do now? It also appears the attorney let all the time run out but to let us know it's either settle out now or go to court where they can only get the limit of the policy for 100,000 and no more which he explained would eat up the settlement money in court cost. And is there any way to find out from the insurance adjuster the true value of the policy? We relied upon what we thought was a truthful attorney as in you know to put your trust into someone who knows the laws. Our attorney even told my husband that the orthopaedic doctor we saw that we liked and very honest to us yet told our attorney that there was not much damage from the original damage. My husband's orthopaedic doctor told us that he could see that the body part tore out more as a result of the accident. Even though my husband was not working at the time he did plan on going back to work at a later date but because of the accident which limits him to work was never considered an item in the settlement. My husband continues to have medical problems because of the accident. And the attorney told us that the 18 year old had 100,000 policy. What 18 year old can afford a 100,000 policy? We are betting the 18 year old was on the parents policy! How can we ever find out the actual value of the policy! You see many things we have been told so far by this attorney and his paralegal do not add up! Please advise us the best course of action to take now! Thank you for any help given to our situation today on 10-13-2016 - Thursday!! P.S. By the time they pay everything off there will be nothing left of the insurance adjuster's offer of only 80,000 to 82,000. Final question is if the value is 100,000 why not pay all of it to us??? And the attorney also told it did not matter if she was on the cell phone because the defendant's insurance accepted fault. We were also told the insurance has not acted out of bad faith either! PLEASE HELP US!!! Our age is 61 and 59 years old. When we signed in the beginning the client attorney documents I can tell you our minds were fuzzy and still fuzzy to this day from the car accident!! Makes us want to sue our attorney for our being incompetent when signing their documents! Also, do I need to get out of my lawsuit with this company? Or can we leave all this hanging in mid-air and do nothing? What happens then? IF this were to go to court in Virginia can the jury and the judge force the insurance company to pay over the limits of the policy? Our attorney told us that the courts can only get the limits of the policy for only 100,000? Is our attorney right or wrong on this point? Alot of husband's medical bills were paid by medicare which now has lien on them we were told by our attorney! We're pretty sure all medical bills have lien on them now only because our attorney was working behind the scenes rather against not for us. Attorney gave us a copy of what we signed about if we go bankrupt we get nothing from the insurance company! How do we get rid of this attorney now? Or should we get rid of this attorney?
  24. Situation: First: I received a parking violation($250) for parking in a firelane/no parking zone and several other parents received tickets for parking in front of my daughter's school. A police officer in an unmarked police car pulled in front of parents during senior early dismissal. He ticketed the car in front of me and told me "Since I am giving her a ticket I'll have to give you a ticket too." I told the officer " Sir, my engine is running and I have not left my car." "We do this (wait in front of the school, caravan style ) everyday." I was going to tell him how we drop off in the mornings (over 20 cars) in the same lane. But I could not because he didn't want to listen. This officer proceeded to the next car and gave the parent waiting for their child a parking ticket for $250. This officer is not a resource officer assigned to the school by the city and he could have asked us parents to move our cars as a verbal reprimand instead of writing us tickets for $250. This was handled poorly. The school were my daughter attends has a lot of parental involvment and its a blue ribbon school. Parents use the same no parking zone/fire lane when dropping their children off in front of the school in the morning. The morning line is long 5 -10 minutes to drop off your child. It is a school designated drop off for parents in the morning and evening. However, in the afternoon parents pick up seniors for early release in the same no parking/Fire lane. I pickup my daughter for early realease. Seniors are not allowed to remain in the school without permission or remain on the school grounds. Also, buses for the evening technical program drop off students in front of the school's fire lane/no parking zone. I have and other parents have parked (caravan formation) and waited in our cars for years and we were never told we could not pick up and wait for our children in front of the school, even though it a No Parking Zone/Fire Lane. Secondly, the school has a resource officer and the principle of the school told me he has never had a problem with parents receiving tickets when picking up their children. The principal has stopped parents from dropping off their children in the teacher parking lot and to use the fire lane/no parking zone. Thirdly, My husband who is retired law enforcement talked to the officer who wrote the ticket violations supervisor. She was unforgiving and did not understand why the officer involved could use his lights and verbal reprimand first to resolve the matter. This really should have been the best thing to do instead giving me and other parents a tickets.
  25. I called the state inspector (Graves) who made management fix my bathroom ceiling. They retorted by making me pay contractor fees, weekend fees,( they worked saturday) but no one is acknowledging the fact that i lived with mold and infestation for months i have complained this was a last resort. Now I am being evicted because i could not come up with $3000 in 7 days the sheriff put a note on my door a neighbor was reading it and kept it i just found out today it is dated that i leave the premises tomorrow, no money for movers, or storage, nowhere to go.