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Showing content with the highest reputation since 04/20/2017 in all areas

  1. 3 points

    Diving Accident

    Sure it would have, but the question will be whether it was a reasonable option. I think pretty much anyone would agree that making an indoor pond at a bar 8-feet deep would be an extreme and unexpected thing to do. And, as I commented earlier in this thread, no reasonable person would behave so carelessly as to dive head-first into a two foot body of water. Moreover, and possibly most importantly, what if a person who didn't know how to swim accidentally was pushed into the 8-foot deep indoor pool and drowned? Making the darn thing 8-feet deep would be far more likely to result in injury or death. I'll bottom line it: if you get any recovery beyond the no-fault medical payment coverage that the bar owner's liability policy presumably had, it will be a stark illustration of everything that is wrong with the tort system in the U.S.
  2. 3 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.
  3. 2 points
    I read it that the landlord served the eviction summons 1 day after serving the non-pay termination notice, not 15 days after serving the non-pay termination notice. Eric, am I right about that? If so, you'll need to file an answer to the eviction complaint, moving for its dismissal as being premature. If you can't afford a lawyer I suggest you look for a local legal aid office or tenants' rights organization for help. Another way of getting the eviction dismissed is to pay the rent within the 14 days and bring proof of payment to the court if the LL doesn't voluntary dismiss the eviction.
  4. 2 points
    What does "automatically called" mean? Are you asking if there's some sort of nationwide surveillance system that "automatically" summons the police anytime someone "nearly drowns"? Whether a "near drowning" will result in anyone being called obviously depends on the facts and circumstances of the incident and whether anyone involved is inclined to call someone (police or otherwise).
  5. 2 points
    What he is booked for doesn't mean anything. It's the DA's office that files charges, not the cops.
  6. 2 points

    Same name usage in logo

    Those two entities have been at each other since 1984 according to the case decision that summarizes the history: https://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2013cv07147/418541/44/ There are several other cases that involve the Polo Ralph Lauren Corporation. https://scholar.google.com/scholar?hl=en&as_sdt=806&q=polo+ralph+lauren+corp&oq=polo You don't put your foot in a bear trap to see if the bear trap works. You already know that the use of "polo" in a clothing brand generates lawsuits. Do you think that PRL Corp won't hesitate to flatten you the minute your product hits the market? Figure out another way of naming your brand rather than a risky infringement.
  7. 2 points

    "applicable laws"

    Just for giggles I took out the phrase about easements and other interests and what is left does suggest that a lot may be subdivided if that subdivision complies with whatever county or city laws apply to subdividing lots. Next question: Is there anything anywhere in the CC&Rs requiring HOA approval for any modifications of a property?
  8. 2 points
    I want to thank you again for convincing me to call our insurance company again. They are handling the issue and so far we are extremely pleased! One of the attorneys came out to the house to take tons of photos and discuss the case. They filed a spectacular answer with a dozen defenses and requested a jury trial if the judge won't dismiss.
  9. 2 points


    Depends upon what the CC&Rs say, and we haven't read them.
  10. 2 points
    No. The judgment you would get would mean the defendant owes you some money. Since the lamdlord would not be a party to the suit, the court could not rule on the obligation between you and the landlord. Also, since you are thhe tenant, you are the responsible party regardless of any agreement between you and a third party.
  11. 2 points

    Rumors About My Health

    Presumably there have been other instances at work as one situation a few months ago would be long forgotten if that were it. Asking everyone to overlook and ignore your symptoms is unreasonable. Better to have some sort of polite but brief script when something happens. Most will understand if you explain you are under the care of a doctor but are still fully capable of working and would appreciate it if they would respect your privacy as you work toward a diagnosis and treatment.
  12. 2 points
    Have you already filed bankruptcy? If not (and even if you have) you should consult an attorney who can review the complete situation. Bankruptcy exemptions are (for the most part) matters of state law. Only a Wisconsin attorney who is familiar with Wisconsin law and the practices and procedures in your local bankruptcy court should be relied upon for advice.
  13. 2 points

    motion to suspend visitation

    pg1067... why are you so mean when you respond to people’s questions?
  14. 2 points


    Good question. But I think the "huge ass" part of the phrase refers to the size of the bowl. Like in "That's a huge ass Cadillac you're driving."
  15. 2 points

    HAVE to show I.D.?

    No. Read this: https://en.wikipedia.org/wiki/Stop_and_identify_statutes But how would you know what the officer suspects or doesn't suspect? Answer: You don't. You could resemble somebody who just robbed a store around the corner. You could end up on the ground with your face rubbing the pavement while you are being handcuffed and then you get to argue the officer's behavior in court long after the damage has been done. If an officer stops you while you are innocently just walking down the street, don't be one of those "I got rights" people. He may have a reason for asking you for ID that you don't know about and I don't see any harm in providing it and then being sent on your way if all is well. If your question is based on something that actually happened to you then give us the details so our comments might be helpful instead of meaninglessly speculative.
  16. 2 points


    Let's keep on track with the subject at hand, everyone. You can disagree without dwelling at length on the extent of your disagreement with each other. I've removed the 'extraneous' posts.
  17. 2 points


    Are you working now? Are you living on your own? Did a court grant guardianship of your daughter to your parents or was this an informal agreement? Your parents have raised your daughter, and understandably they have a bond with her and they will almost certainly fight your efforts to get your daughter back. You will need to demonstrate that you are able to provide for your daughter by establishing that you have a stable work history and housing arrangements. If you are working, you will have to have a plan in place for her care while you are working. I'm not sure why you are even mentioning having another child when it appears you can hardly care for yourself, let alone two children. You do need to retain an attorney for assistance with this. Check with Legal Aid or your State Bar's Lawyer Referral program. They should have a program that would allow you to meet with an attorney one time for no fee or a very nominal fee.
  18. 2 points
    Don't believe everything you see on the Internet, but believe this: In every state in the US, in matters of custody, child support, and parental rights, the court's paramount consideration is the best interest of the child. In the eyes of the law, it's considered in the child's interest to have two parents. For this reason the courts require a compelling reason to terminate one's parental rights and obligations, and will do so only under highly unusual circumstances. The two circumstances that come ready to mind are first, that another person is willing to step forward and assume all parental rights and responsibilities in place of the biological parent in a valid adoption procedure, and second, the biological parent, by his or her actions constitute a credible threat to the child's health and/or safety. You don't say anything about why your child's biological father's rights were terminated previously, or even how you know that statement to be true, so I can't comment on that. I can only say that based on the information you provide in your post, the odds of the court's granting termination of his rights and responsibilities with respect to your child, absent an adoption, are slim to none. As for his refusal (or inability) to pay child support owed to you, there are legal tools available to you to enforce collection. A local family law attorney can explain how New York's laws apply to your particular circumstances and help you get started with the process. Good luck!
  19. 1 point
    Unless, of course, the will of the voters is unconstitutional and then he will fight for it.
  20. 1 point
    The answer to the literal question you asked is no. Once you sell the property and get the proceeds you realize the gain and reinvesting the proceeds into some other property will not allow you to defer the gain. However, there is a better way to approach this than deferral of the gain. The sale of that vacant lot (once you divide it from your principal residence) may still qualify to be included as part of the sale of your principal residence, allowing you to use the capital gain exclusion under Internal Revenue Code section 121 for both sales. Since it sounds like your total gain here would be less than the $250,000 limit for the gain exclusion, you may be able to cover the gain from both sales. To qualify, you must meet ALL of the following: Treas. Reg. § 1.121-1(b)(3)(i). While you have two separate sales, for the purposes of applying the gain exclusion rule under § 121 it is treated as though it was one sale — so the maximum gain you may exclude is $250,000 total for both sales. It sounds like your total gain here for both sales would be just $170k given the figures you provided, in which case you may be able to exclude the gain entirely, assuming you lived in that home for the entire 3.5 years you have owned it.
  21. 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...
  22. 1 point


    A power of attorney (POA) simply authorizes the person to act in your place as your agent. The problem is that in most circumstances other parties are not required to deal with your agent and may insist that you deal with them directly instead. If the HOA policy is that only persons on the title to property in the Association may attend meetings then the president of the HOA likely can refuse your fiancé entry to the meetings.
  23. 1 point

    landlord breaking lease agreement

    That you most certainly do not have to comply with. Is this a house or an apartment?
  24. 1 point


    Actually, that is what you wrote. Just with different but completely understandable words.
  25. 1 point

    Death of Spouse without a Will

    I think I interpreted "at which point" was when his father signed the POA. Reading it again I'm beginning to think otherwise. Either way, the son did bad and the stepmom has remedies available.
  26. 1 point

    quiet title

    If you don't know what category your case falls under when you are looking at the list what makes you think you will be able to represent yourself in any effective way?
  27. 1 point
    My guess is no. You cannot discriminate against families with children and you cannot discriminate against people (including children) with a disability, so even the question could be illegal and put you in hot water. What you might do is get the name and phone number of the previous landlord and call for a reference and skate around actually asking that question. Rather ask general questions about any tenant problems and see if the LL volunteers anything. If the reference is OK, give it a shot. "On April 26, 2018, the Centers for Disease Control and Prevention (CDC) released new data on the prevalence of autism in the United States. This surveillance study identified 1 in 59 children (1 in 37 boys and 1 in 151 girls) as having autism spectrum disorder (ASD). See complete coverage below." https://www.autismspeaks.org/what-autism/prevalence And read this: https://iancommunity.org/ssc/autism-crime I think that the chances of an autistic child being violent are far less than a non-autistic child. Maybe you should worry more about the other three children.
  28. 1 point
    When you say "was married," that implies you're no longer married. However, when you say that you "have been separated," that implies that you're still married. Which is it? Unless you say otherwise, I'll assume you're still married. That's not a question. My only "advice" would be to file for divorce, and you'd be well advised to hire an attorney. The fact that you've apparently been separated for more than half of the length of the marriage could significantly complicate things. As far as the division of property goes, as noted above, the court will divide marital property in a manner that it determines to be equitable (i.e., fair) based on a number of factors, with 50/50 being presumed to be equitable in the absence of evidence to the contrary.
  29. 1 point

    beneficiaries with bank

    Interesting, but I have to say that the notion of a lawyer serving as executor being a business transaction with the client seems like an awful stretch (especially since I'm not sure who the "client" would be). As a point of reference, I don't practice in a state that uses the ABA model rules, but I did look at the comments to Rule 1.8, and the only reference to executors suggests this is a case-by-case situation and that conflict waivers are only required in unusual circumstances. In the case of a will contest, I agree that the drafting lawyer could have relevant testimony. However, since the executor typically advocates for the will to remain in place, I don't see a conflict here. The other things you mentioned are extremely uncommon, and the first of which would virtually require that the court remove the lawyer as executor. Sounds like you and I have vastly different experiences when it comes to drafting lawyers being willing to serve as executor. As I previously mentioned, in my experience and knowledge, it's quite common.
  30. 1 point
    A warrant in detinue is the legal process initiating an action to recover possession of personal property.* The limitation on the right to file such an action to recover specific property is: if founded on a written contract five years; if founded on an oral contract three years; otherwise two years. The time begins when demand is made for turnover of the property. * similar to a writ of replevin in other jurisdictions
  31. 1 point

    Create a Trust?

    How so? Does she share your opinion that it is outdated? Your mother should consult with an estate planning attorney. Anonymous strangers on the internet are in no position to know what might be the "best" way for your mother to handle her estate. That said, she certainly could, if she wants, create a trust for the benefit of your children. Whether having you as trustee of the trust would be a good idea is something she should discuss with local counsel.
  32. 1 point
    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.
  33. 1 point
    You can bet that the HOA isn't going to pay for the damage to your personal property though you can ask. The standard homeowners policy excludes flood and surface water. Check your policy. If it has that exclusion you wouldn't be covered. You would have to have flood insurance. There is no way anybody here can tell if your HOA has any obligation to maintain the dry creek without reading the entire CC&Rs and your deed or any recorded easements at the county. You might want to have an attorney check that out for you. Meantime, self preservation is nobody's business but your own. Nobody else is going to step up and protect your property. It's up to you.
  34. 1 point

    transfer = sale?

    You said this was jointly-held stock, so don't you have access to find out what is and isn't still owned?
  35. 1 point


    depends on the nature of the violation, but yes they could go back to jail.
  36. 1 point

    Court Misconduct

    The attorney general of the state of california US attorney
  37. 1 point
    As phrased, this question doesn't make sense. A prenup is a document, and documents don't have "discretion." As "Tax_Counsel" previously explained, "if your pre-nup is valid in your state and the court applies it in the divorce then your spouse is entitled to no more than what the court orders," and "the pre-nup might help you preserve your TSP account in a divorce." The first of these quotes is a bit awkwardly worded, but the point is that a prenup may well impact what the court does in the event of a divorce, including how the TSP is treated. That's the whole point of doing a prenup.
  38. 1 point
    If the father has a wife and children by you and the wife, that complicates things somewhat. There is little question that you owe the back child support to the decedent's estate. If the decedent has a will, that will determine who gets the money, if anyone sees fit to pursue the claim. If the decedent does not have a will, it would be divided according to the laws of intestate succession of the state of Louisiana (I assume he lived and died in Louisiana). Louisiana is a unique state since its laws are derived from the French, unlike the other states where the law came from Great Britain. Only an attorney who practices in Lousiana is qualified to give sound advice on what should happen to the estate, if anyone sees fit to pursue the claim for arrears. No, you don't have to go to court. Your best bet is to shut up, keep your head down, and hope nobody makes a claim against you.
  39. 1 point
    There seems to be a lot of irrelevant information in your post. Here's what I think the issue is: You were court ordered to pay child support to your child's father. You paid some, but not all, of it. The father has now died, and you want to know if your obligation to pay the past-due amounts survives his death. That's the issue, right? If so, the answer is yes, the obligation to pay survives his death, and the past-due amounts are now owed to his estate. If he only died a week ago, I assume no one has started proceedings to probate the estate. If no one bothers to probate the estate, then it is likely that no one will hassle you about paying. If your daughter's father has no heirs other than your daughter, then this is all pretty much up to her. On the other hand, if the court appoints an aggressive executor of the estate and/or if there are heirs other than your daughter, then you may well have to cough up the money.
  40. 1 point
    Hey dude,if the damage total is $5,000 as you claim,the small filling fee which you will get back in the judgement is well worth you pursuing this matter to the fullest,and as far as the warrant goes,if it exist at all,(I seriously doubt it exist,)they will want to present it to the judge to support their case,but have you tried to call the clerk office in this county to see if they have it? Another thing you should really consider.In pursuing legal action against this county,you may help prevent this from happening to someone else.
  41. 1 point

    Right to Farm

    You're CC&Rs trump the statute because your CC&Rs are your contract. The law allows you to farm. The CC&Rs that you agreed to tell you what you need to do to be able to farm. Your interpretation of "yard" is obviously different from the HOA's interpretation of "yard." Yes, you can be fined if you don't submit the form. Maybe they can't force you to remove your crops but they can fine you X dollars a day for every day the crop exists and ultimately put a lien on your property or sue you in court for the money. Don't anticipate trouble where there might not be any. Submit the form and see how it goes. If you get denied, then it's up to you if you want to hire a lawyer to argue the definition of "yard" in court.
  42. 1 point

    concerned friend

    After you're picked up on the warrant, the arresting state notifies the state that issued the warrant. That state then must send what's called a governor's warrant indicating that they wish to have the defendant extradited and they intend to come get him. If there hasn't been a hearing before the 24th, then that hearing is likely to determine if the defendant waives extradition. If he doesn't, then there will be another hearing if the governor's warrant hasn't been received yet. When they get that warrant there will be a hearing to determine if the defendant is the person named in the warrant. If they don't get a governor's warrant or get notice that the other state doesn't wish to extradite, they will ultimately release the defendant BUT that doesn't take care of the warrant OR the underlying charges. He can still get picked up on the warrant every time he's contacted by police and repeat the process ad infinitem. The ONLY way to clear the warrant is to surrender to the issuing court. There is no statute of limitations on a warrant.
  43. 1 point


    This thread is getting out of hand so I'm locking it. Please remember to keep it civil on these boards, everyone. This space is as pleasant as we make it - together.
  44. 1 point

    divorce settlement

    Yeah, based on those few short sentences, you either hire another lawyer who is enough of a shark to know how to fight fire with fire or you learn how to fight fire with fire on your own or you get steamrolled (that last is the nicer version of the phrase that I first wrote ).
  45. 1 point
    My husband and I have been together for 6 years, and he has recently started to threaten me with eviction, after a recent argument. We have a home that we purchased, it's in his name, however we remodeled it and have lived here together for 5 years. We've both contributed to the remodel of the home. I am concerned that since we are not legally married, his "5 days to vacate" letter may stand up, which is hardly enough time to separate 6 years of a life together. We are not legally married but have filled taxes as married for the last 4 years or so, can he evict me so easily? Will we need a divorce?
  46. 1 point

    W2 Discrepancy

    What the heck kind of accountant do you have that doesn't know that the IRS has a procedure that covers this and you can ultimately file your taxes based on YOUR records and, should the need arise, provide evidence from your records to support your tax return? See the following IRS page: https://www.irs.gov/help-resources/tools-faqs/faqs-for-individuals/frequently-asked-tax-questions-answers/irs-procedures/w-2-additional-incorrect-lost-non-receipt-omitted/w-2-additional-incorrect-lost-non-receipt-omitted-2 I suggest you fire your accountant and get one who knows what he's doing. Meantime, if you don't want to use the IRS procedure because you are afraid of losing your job, then I don't know what to tell you.
  47. 1 point
    Who was found guilty? You? Someone you know? Some random person? Who are "they"? What does "put all responsibility on the defendant" mean? Apparently, the jury disagreed with your assessment. As far as "monitoring" goes, the defendant is a convicted murderer. Since Illinois no longer has the death penalty, he presumably will be sentenced to life in prison, so yes, he can expect to be "monitored" to a significant degree for the rest of his life. As far as "investigation" goes, anyone can "investigate" anything at any time. Determining whether any particular investigative technique is legal obviously depends on the specific facts.
  48. 1 point

    drug tests

    Are you on parole or probation. If yes, then it's legal. If you thought it was a false positive then you should have immediately got yourself tested elsewhere (and paid for it). Too late now. I suggest you consult a criminal defense attorney.
  49. 1 point

    Property Law

    Might be a case for easement by necessity. Consult a real estate attorney.
  50. 1 point

    social security disability

    Please don't post in all caps. As posed, I'm not sure what you expect folks to say to your question. As another poster says, in the abstract, you "can" do just about anything. What you ought to do/how you ought to handle it isn't something a stranger could even begin to formulate meaningful feedback for without any relevant info. If the SSA is declaring retroactively that you weren't disabled as of X date, then you naturally need to establish they are wrong. If you know they overpaid you but hope to convince them that they aren't entitled to repayment, I'd seek local counsel about what mechanisms might be available.
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