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  2. You're being charged with a crime, you get yourself a lawyer. If the warrant was faulty, your lawyer will know what to do. Otherwise nothing else matters.
  3. Get a lawyer. They got a warrant because the phone calls to you from the jail were legally recorded and incriminating....
  4. It's still a landlord tenant matter. You will have to give the occupant proper written notice to leave and then seek eviction through the courts. You can try calling the police and see how that works. But they are likely to tell you the same thing.
  5. I had a tenant who invited a guest to stay with him a few days. He went to hospital, and will not be back. He turned in his keys, gave a notice of relinquishing all rights to the unit, family moved out his belongings. The guest refuses to leave. Is this a civil matter? Or can we remove them?
  6. My boyfriend got arrested, went to court and was sentenced for sales of meth. The cops were nice enough to let him text me where the car was so i could go pick it up because my keys and clothes were in it. When he called me he told me that he had left my stuff in the car. I asked him why he took a sells charge because it was only 26 grams, personal use. he said he wanted them to stop searching the car. They had already torn up the inside pretty bad. about a week later the station that took him in called me to tell me they had a property slip for me to go get his property. I made an appointment for 4 and didnt leave my house till that time. Wait let me back up, the day before he called me and asked me for my address so he could write to me. So before i could even get the key in the door they grabed me and told me they were looking for that car and told me they had a search warrant for the car and the house. I asked several times to see the warrant. They searched me and found my keys and told me if I didnt tell them which keys were which they would bust my door. So i did. They went into the house where my friend was their and then brought her out to the car I was in while they continued to break open my safes one which was already unlocked and the other one i offered to open for them but had rather break it. There was an oz of bud in their with a scale. And less then 3 grams of meth on my desk. They keep asking me what it was my boyfriend had left for me in the car and where was it. Then told me they were listening to our calls. They were mad because i wouldnt unlock my phone, i told them i wanted to see the warrant again and they let me read only 3 out of 7 pages and told me the rest wasent public record. So they took my phone and said it was going into evidence. My name wasent on the warrant only my address. How could they get a search warrant over him saying i left that in the car? They arrested me for sells and when i got to court it was a d/a reject. I recieved a letter in the mail yesterday from them and they said to show up to court in june and they are charging me with the same charge. They wont let me get my property out because i dont have the paper suit. Which has my id in it and i cant do anything with out that. While i was in custody i didnt get a phone call or a shower for 5 days. I dont know what to do although I feel like they didnt do things according to the law. Could someone please tell me if i'm right.
  7. Yes. Then the homeowner's insurance company will deny the claim and defend.
  8. Yes, in fact I did a new claims within limitation period of 28 USC 2401(a), requesting the same withheld documents that was not appealed citing that to regulations of Title 14 General Records Schedule Rule 11(3)(a) preservation of records. . The issue to me is the sua sponte finding. .
  9. Alright so on april 14th, i made a payment to time warner on a closed account for 186.13, now since it was in the twc app it displays not one but two pending payments. I called first thing April 15th and spoke with a billing specialist about cancelling BOTH pending payments. She assured me she cancelled both payments and that i should see the refund on my card within 24 hours.. I called back monday and spoke with demitirus who said there was no notes or refunds issued so he went ahead and Re cancelled BOTH pending and said i should see it in my bank account in 7 to 10 business days then on tuesday, i followed up with an online support agent in hopes of getting an honest representative.. and that demitirus actually cancelled these transactions. When i spoke with the online agent she confirmed he did not cancel the payments.. so she went ahead and refunded the payments, and gave me a ticket number. I call on thursday 4/19 and spoke with a billing supervisor who ASSURED ME more than once that i would recieve a full refund of 186.13 for the now applied amount because the previous reps failed to follow procedure. she too gave me a ticket number and told me to return my equipment (modem) to the timewarner store and that as soon as i did that the refund would be Issued to my card within 3 to 5 days 10 at the worst.. 4/21 i return the equipment to the belden village office, and i again contact time warner to follow up on the status od the refund.. and now im being told that i am not recieving one period and i need some advice on how to proceed, their policy on electronic fund transfers in the app state as long as i cancel the pending before its appplied i am guaranteed the refund, because both representatives gave me false inforamtion.. they dragged their feet until it applied and im going on 21$ in amy account to survive on for the next two weeks again.. is there anything i can do.
  10. Doesn't matter if you are correct or not. Your claim was dismissed. You could have filed a new claim based on matters that were actionable. You would,of course, have to file your new claim within the limitations period. Did you do so?
  11. There's nothing illegal about your health insurance seeking contribution from your grandson's homeowner's insurance. Your insurance doesn't have to believe your version of events in order to cover you.
  12. HI, I was visiting my grandson at his home, when one morning in the bathroom I had fainted due to a medical condition. When I came to on the bathroom floor my leg was killing me. When I got back to Las Vegas, I went to the ER and found out my leg was broken. They ran tesrs and decidee=d I faibted due to dehydration and tiny little s=cysts in my brain. My health insurance is now going after my gtandsons mother;s homeowners insurance. Is this legal....It was not their fault, nor was it caused by anything in the home. Thank you in advance
  13. No understand that that is their job to take advantage of the circumstances and the rules to a get a win, this I learned early from my being severely handicapped in this litigation. Is can they use this (no show) win. To support and otherwise unsupportable fact. For example their claiming that because the records ''originated'' somewhere lese their not agency records. The problem is is that they must stand on the withholding letter. which didn't claim that and as far I researched the law once it chose to withhold and retain the documents they become agency records within the meaning of FOIA being improperly withheld until they prove its not. Am I correct.
  14. Probably no recourse for you here, but we would need to know the state to be sure. However your characterization of a “huge hole in the wall” on this is not an accurate one, nor is the idea that the law “tightened” for heterosexual couples. The way this works is that in at least most states (and probably all) the ashes of the deceased will be belong to either the spouse or a relative of the deceased, at least where there is no will that says otherwise. Until the moment you marry, you are not the spouse of your financé and have no rights to inherit anything from him unless he has a will or some other mechanism (e.g. a trust, pay on death beneficiary designation, etc) set up that specifies you get something. That is the way it has been for two centuries; gay marriage did nothing to change that, good or bad, for heterosexual couples. The fact of the matter is that the law puts into the hands of each person the power to ensure his/her stuff goes where his/she wants it to go. You simply have to make use of the options given you to do it. Make a will. Create a trust. But whatever method you choose, it ends up that you need to put it in writing. The reason for that is that having it in writing signed by you is the best way to clearly know what you wanted. It gets difficult to sort out what you really wanted after you are dead when you've left nothing in writing to go by.
  15. Collecting for what? You quit your job so you don’t have a claim for wrongful termination. Whether you might have a case for a violation of the Americans with Disabilities Act (ADA) depends on some additional facts we don’t have. An employer violates the ADA if it discriminates against the employee because of a disability or if the employer fails to provide a reasonable accommodation for the disability to enable the employee to overcome the disability and do his/her job. In most instances a reasonable accommodation is not required to be provided unless the employee has requested an accommodation. The term reasonable accommodation does not have to be used in the request, but you need to make it clear to the employer that you have a disability and that your request is for help to deal with that disability so you can do your job. An employer does not have to provide an accommodation if it would pose an undue hardship on the employer. Did you ever make any request for an accommodation? If so, what was the company’s response? Note that under the ADA you have to first file a complaint with the federal Equal Employment Opportunity Commission (EEOC) before you may sue. And depending on the state in which you worked you may have as little as 180 days after the discriminating act to file that complaint. If you miss the deadline then you are out-of-luck and cannot sue. There is also a chance that the employer violated the federal Family and Medical Leave Act (FMLA). The FMLA allows qualifying employees of a covered employer to use up to 12 weeks of unpaid leave each year to deal with certain family and medical issues. But for the FMLA to apply, the employer must have had at least 50 employees within a 75 mile radius of the worksite where you were employed, you had to have worked for the employer at least a year before taking any FMLA leave, and you had to have worked at least 1250 hours in the year prior to taking the leave. Were those requirements met? If they were, did you follow the company’s policy for requesting FMLA leave? Note that once you have exhausted your 12 weeks of leave for the year, the employer is free to terminate you for any additional time you take off that is not covered under FMLA unless some state law protects you. The problem I see, though, is an issue of damages. You have to prove that the employer’s violation of these acts lead you to suffer some kind of financial loss. Because you quit, that’s going to be hard to do. You might say that their violation of the ADA and FMLA added to the stress and effectively forced you to quit, but at least in my area that would be a tough sell to a jury. You may want to meet with an attorney who litigates wrongful termination and other employment related matters for employees to see if you have anything to pursue here. Don’t delay in doing it because you have limited time to pursue any claim you might have. Wait too long and you lose out even if you had a good case to bring.
  16. I quit because I mentally and emotionally could not handle it anymore. Last year I was diagnosed with trigeminal neuralgia. It has caused severe pain on the right side of my face and endless doctors appointments and medications. Since then at work I have been talked about because my appearance hasn't always been the best some days as I can't touch my face to wear makeup or I only got an hour of sleep. I did miss some work but used my sick time. At the beginning of this year I called off using my sick time and was punished and suspended for 3 days without pay for using my sick time to early in the year and was told they wanted to set an example. There is staff that has made up liesthat I'm on drugs and talk about me. The owner of the company has showed me texts and told me about the rumors. Stress causes flare ups in my face and I finally could not take it anymore as I told my bosses I couldn't. Also last year and employee threatened my life in texts. Do I have a chance at collecting?
  17. You won't get the dismissal of the complaint vacated based on lack of personal jurisdiction over the defendant. The court still had subject matter jurisdiction and it had personal jurisdiction over you. Thus, the dismissal as to you is valid. What the court could not have done is issued an order or judgment enforceable against the defendant. When the court finds that the complaint is insufficient, it may dismiss that sua sponte and since the case is going to be dismissed there is no need to consider the personal jurisdiction issue. There is no rule that says the court must first consider the personal jurisdiction issue before dismissing the case for failure to state a claim under Rule 12(b)(6). I’m not quite seeing the connection between this and the personal jurisdiction question you asked. But assuming that you had filed a good FOIA complaint and that you had properly served the government then what the government would have to do is file an answer to your complaint. Though the government gets 60 days to answer most lawsuits, in a FOIA action the government has just 30 days to answer. The answer itself is not required to have an affidavit attached in every instance. If you filed a motion for a Vaughen Index that the court grants then the agency would need to provide that index with the affividavit of the agency official who prepared the index. It is indeed the burden of the agency to justify its decision to withhold releasing the requested records to you. What is necessary to do that will depend on the records sought and the reason(s) the agency is relying upon for not releasing them to you. Is what valid? It’s not clear what you have in mind here. If the court dismissed the case for your failure to state a claim prior to you properly serving the agency then the agency never had to answer, let alone prove anything. And you could not use that in a later case to somehow bolster your later case. You can’t paint the agency as being evasive when the agency had no requirement to do anything in the first place. The agency is allowed to contest your request to get the records and use the rules to its advantage to do so. As long as it is playing within the rules there is no foul, to use a sports analogy. I know that you don’t like that the agency has been resistent to giving you what you want and do not like that the agency is using your mistakes against you, but that's to be expected in a dispute — you have to anticipate your opponent will use whatever rules and legal tactics it can to win. You may not think it fair play, but if the rules allow for it a court isn’t going to sanction the agency over it.
  18. The order was against the plaintiff, no the court didn't didn't allow time to correct the defective service about 9 days after defendant's served their notice and notified it that it lacked personal jurisdiction over them e.g., it claim that the superseding complaint was not served on one of the defendants.) Despite the need to address the possible lack of personal jurisdiction the court went a head and issued an sua sponte order dismissing FOIA complaint for failure to state a claim. Isn't the burden on agency to sustain its action by affidavit or declaration and that the district court review de novo agency action. Is it valid. Or better yet can any findings done sua sponte be used to support a claim that defendants didn't argue much-less prove? In a subsequent related case that clearly they have used to evade explaining the original grounds. . .
  19. I assume that you reside in South Dakota. I also assume that your LLC will have just a single member and that for federal tax purposes you will not elect for the LLC to be treated as a corporation. South Dakota is one of only seven states in the U.S. that does not impose any income tax. Texas happens to be another one of those seven. So income tax isn’t an issue you have to worry about in either state. Both states do have sales tax though. And currently the law is that companies are required to collect sales tax in a state if either: (1) the company is organized in that state or (2) the company has any physical presence in that state (has an office, warehouse, or other property in the state, has employees or dependent agents located in the state, etc). This means that if you organize the LLC in Texas you would have to collect Texas sales for any taxable transactions you have with persons located in Texas. Because you are present in South Dakota and will manage the business from there, you would also have to collect sales tax for your taxable transactions with South Dakota residents too. Moreover, you’d still have to register your LLC in South Dakota (it would be registered as a foreign LLC if the company is organized in Texas) so you’d end up with filing fees, reporting obligations, etc, in both states. If you are not going to conduct any actual business in Texas or if all your business with Texas be remote sales over the internet then you will be subjecting yourself to more tax collection obligations and more registration fees and administrative requirements if you organize it in Texas while you run the business from South Dakota. For most small businesses it does not make sense to organize the LLC or corporation in any state in which you aren’t going to do a significant part of your business. The idea that you can simply organize a company in some state where you won’t be conducting any business and reap all kinds of tax and other benefits that you would not get if you set it up in your home state is a myth. By the way, the rule that prohibits states from requiring out of state sellers to collect sales tax unless they have some kind of physical presence in the state may change. That rule came from the U.S. Supreme Court decision in Quill Corp. v. North Dakota, 504 U.S. 298 (1992). It just so happens that your state of South Dakota has challenged that rule and the Supreme Court has just heard oral arguments on it. It is impossible to say at this point what the justices will decide. They may decide to affirm the Quill decision or they may change it. We may know the answer to that at the end of June. By the way, please don't use such a gigantic font for your posts. It makes it really hard to read that way.
  20. That depends. Assuming that the defendant is correct that the defective service prevents the court from exercising personal jurisdiction over the defendant (and the details of the service would matter there) then the court lacks the power to enter judgment against the defendant unless either the defect is cured or the defendant waives the defect and consents to jurisdiction anyway. The basic rule to keep in mind is that a court must have both subject matter jurisdiction and personal jurisdiction in order for its orders and judgments to be valid. It is possible for parties to consent to personal jurisdiction where the court otherwise lacks it. It is not possible for the parties to consent to subject matter jurisdiction if the court otherwise lacks it.
  21. Does a federal court have authority to render a judgment if defendants have been improperly served. (Fed. R. Civ. 4) and notified the court that the court lacked personal jurisdiction over them regarding claims laid out in complaint?
  22. What state did he live in when he passed? Because this is a state law issue and it would be a very unusual state that would grant you any legal rights as a finacee, there is no case law or precedent that would support you in any state where I have practiced, but again, there are 50 states, puero rico and DC which could come into play.
  23. She's feeding you a story. The department of corrections doesn't have the power to reduce parole or probation the court's approval. It would be unheard of for probation to be deemed completed before the inmate was ever released from custody....and the court would not agree to terminate probation when there are outstanding fines and other terms the person has yet to meet.
  24. Thank you for your quick response. You are correct - no one can take away what he and I had, despite their best efforts. I'm actually trying to help her not live with terrible regret. She will share nothing. That is very clear. There is mental illness, dysfunctional family systems and all manner of other issues at play. As I said, I was being very brief. I have worked for months to make room for her grief. I have been met with litigious action that makes no sense - again - we, not I, crafted a meaningful and beautiful plan that was true to my fiancé's wishes. What I seek here is not family counselling - I am trained in that, actually. I need case law and precedent about my rights and my fiancé's wishes. Thanks again.
  25. I'm sincerely sorry for your lose. Grief has many faces. In my opinion, you should cherish your memories w your fiance, and allow his mother to have his ashes. In time, she will likely be able to let you "share his remains". But please respectfully remember this his mother, who grieves like no other being could. Regardless of your fiances wishes. Hold tight to the knowledge of your bond in life, which no one can ever take away from you.
  26. Hello, I have some questions about new small business processes. What state is better than South Dakota for registering a new small business regarding Taxes? as I heard there are states that help new small businesses to not pay tax 1-5 or more years from registration day, and for this case I want to make sure what state is better for LLC company and this LLC company just register at that state which help new small business owners and I don't want to open office it will be just name of the LLC and I want to do online business until I see it worth to open an office for the business, as you know for new small businesses need financially are not good so for starting is good to make sure where and how to start. Thanks for your recommendations GMA
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