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Showing content with the highest reputation since 11/19/2018 in all areas

  1. 2 points
    Who did you call at your insurance company? I'll bet it was your agent (clueless). Any insurance person with half a brain should know that your deductible applies to damage to your property under Section I of your policy and does not apply to defending you against a lawsuit under your Section II Liability Coverage. Take out your policy papers and look for a toll free number for reporting claims. Call up and say "I am being sued. Please open a claim under my liability insurance." Then you'll be assigned a claim rep to whom you can forward the summons and complaint by fax or email. Once you get the claim rep's name and phone number, don't wait until he/she calls you. You call and keep following up. Claim reps handle hundreds of files and get 5 - 10 new ones every day. A lawsuit gets priority but he has to know about it to do something about it. Do this quickly as you typically don't have much time to file an answer.
  2. 1 point
    There are two ways in CA to pursue the contempt of a court order. One is civil that requires personal service of the contempt citation. The other is criminal and no notice is required. The DA can just file charges and have a warrant issue. There is no way to know if either or any action is pending....As to the US passport, failure to pay child support, when reported to the feds, will operate to suspend or deny a passport to the offending parent. If the border agents are on their toes and check the poster out upon entry, they'll know that...
  3. 1 point
    The distinction is that before being arrested for being in arrears there must be a motion to show cause why the individual should be held in contempt of the court. Simply being in arrears does not result in a warrant and resulting arrest. If the individual has been held in contempt of the court there could be an outstanding warrant. In the more common case an individual held in contempt doesn't even leave the courthouse. If there is an outstanding warrant the individual may be prevented from leaving the country, much less trying to return. BTW, I don't see how the dual citizenship enters into the question at all. If there is an outstanding warrant it doesn't matter what type of passport the traveler is carrying.
  4. 1 point
    Scratching my head over that one. You can be held in contempt if you don't pay the arrears that the court ordered and arrested. Isn't that the same as being arrested for not paying the arrears?
  5. 1 point
    People don't get arrested because they are in arrears in child support. However, they may be held in contempt and incarcerated because they are in contempt of the court's order.
  6. 1 point
    Sure. Then that's something his lawyer should be addressing at his trial.
  7. 1 point
    doucar

    Possession of meth found on roadway

    interesting, do you have a question
  8. 1 point
    Only a court can appoint a guardian for children. No paper you sign has any legal significance in determining whether you can have custody of your children. Similarily, your original intent to have an abortion is irrelevant since that is not what happened. Granting temporary guardianship is frequently done for purposes of medical treatment or temporary residence. It can always be revoked by the parent. Notarization merely proves that the signatures on the paper were written there by persons who allegedly signed them. It has no other legal significance. You are entitled to take custody of the children if you can do so without causing a violent confrontation. If that is not possible, you can file for custody in the appropriate court.
  9. 1 point
    Your situation would not meet the requirements for asylum in the United States. Whether it might in some other country I cannot say. You also could not sue China for the house demolition in the United States nor likely in any other country either. When it comes to property rights each country sets its own laws and for the most part that does not raise any issues of international law. China is not the first country to seize property of citizens (with or without compensation) to use for government purposes or to turn over to someone else and I dare say it won't be the last. A number of countries simply do not have the long history of respect for private property rights that nations with law based on British common law or Western European civil law have. The Communist Party is supreme in China and does get to do pretty much what it wants to do. Suing the government there often does not turn out well. I am sympathetic to your situation; from what I have seen it is not unusual for China to do these demolitions suddenly and without warning when owners resist signing the agreements. But this isn't something that other countries can help you with, unfortunately.
  10. 1 point
    RetiredinVA

    Accident with company truck

    I would suggest your husband check with his employer to see if his company has uninsured/underinsured motorist coverage. I had a case where the original attorney declined the case without checking because the other driver had minimal coverage. I discovered the employee's company had extensive underinsured coverage which compensated the client (and me) adequately. Your husband's own insurance policy may also come into play depending on his policy limits. Don't give up too easily.
  11. 1 point
    RetiredinVA

    Sublease issue

    Did you and your friend have a written lease? Did the landlord agree your friend was assuming the lease?
  12. 1 point
    The section you cited requires: Section 601.121 is at: https://codes.findlaw.com/tx/transportation-code/transp-sect-601-121.html Do you think you can get two people to put up their homes or commercial buildings to guarantee that you'll pay what could amount to hundreds of thousands of dollars for an injury claim caused by one of your drivers? I spent 35 years in the insurance industry. I GUARANTEE (in all caps) that, with 20 vehicles you will have at least one at-fault accident per year that will cost you anywhere from a few thousand to hundreds of thousands. You WILL pay that money out of your pocket to keep your "sureties" from losing their properties and coming after you for reimbursement. Buy insurance. Anything else is a fool's errand.
  13. 1 point
    RetiredinVA

    Trust Money...Help!!!

    You need to start guardianship proceedings immediately. If the house is in your sister's name, it will not be available at all for your mother's maintenance. It will also not be available to pay to you upon your mother's death.
  14. 1 point
    adjusterjack

    cew

    Not a criminal issue. Might be a contractual issue. Trouble is, you signed the first contract willingly and you signed the second contract willingly. Nobody put a gun to your head. You had a choice. Then you made payments to the dealer when you were obligated by your loan contract to make payments to the finance company. I don't know what that's all about. The car should have been sold to pay off the debt (or a good part of it). You might still have owed something but not the whole thing. You might want to have a lawyer look over all your documents. Shouldn't cost you much for some advice.
  15. -1 points
    adjusterjack

    please someone explain

    Doesn't have to be running. Wherever you parked, you are presumed to have driven there. If your husband was in the driver's seat he is presumed to be the driver. Certainly a legal reason for the contact. Mouthing off to cops is the stupidest thing anybody can do. A pat down for weapons is also legal. Yeah, more stupidity. Now he needs a lawyer. More mouthing off. Look, the way to survive a traffic stop is you do what the officer's tell you to do without mouthing off. If there are any issues with what they do, your lawyer can address those issues in court. Again, if there was anything wrong with the search your lawyer can address that in court. Foregone conclusion to refusing the test under your state's implied consent laws. That you can't find anything is irrelevant. It's done. Your husband needs a lawyer instead of you seeking advice from strangers on the internet.
  16. -1 points
    Mr. D

    Traffic Violation

    To all that have replied I thank you for your time. To those who addressed my question directly, my gratitude. Please note, I did not post on this sight to debate, you are free to believe what you wish. There are sheeple and there are people. Lawyers loyalty lie first with the Bar (court). Magna Carta; do some research before running of mouth. Person; no I am not. May I suggest the use of a law dictionary. Really people, take your blinders off, expand your horizons, research and question both info motive. If you had my post would make sense. As I've said "my question has been answered".
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