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Showing content with the highest reputation since 02/01/2018 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. 1 point
    Turns out that UMPD is not offered in Wisconsin. As to choosing whether to use your collision or not, I suggest getting a body shop estimate first. Have the shop write it up two ways. One with OEM parts and the other with after-market parts. Then decide. If you go with your collision coverage submit the estimate with the OEM parts and see if your insurance company agrees to it. Be aware of the following WI statute regarding the use of non-OEM parts: https://law.justia.com/codes/wisconsin/2017/chapter-632/section-632.38/ Even if your insurance company will only cover non-OEM parts you can still have your car repaired with OEM parts if you want to pay the difference. The problem you have on a trade-in is if your claim appears on a Carfax or some such report. It's best to sell your car privately when it comes time to replace. You always get screwed on a trade-in no matter what the situation is. Private buyers don't always run Carfaxes ($40) though there are low cost reports with similar information. There's even a free one where you can check a VIN history when buying a car: https://www.vehiclehistory.com/
  15. 1 point

    Juliano Fernandes needs advice

    Protect it from what? What does "extra warranty" mean? It implies that you already have a warranty and are considering some sort of additional warranty. Is that right? Rather obviously, whether any sort of "extra" or additional warranty is or isn't a good idea depends on what the existing warranty covers (which you didn't tell us), what additional coverage the "extra warranty" will provide (which you didn't tell us), and what concerns you have about the car (which you didn't tell us). This post also does appear to raise any legal issue.
  16. 1 point


    The sentence you have quoted says that an owner of a building lot (or any interest in a building lot) may not subdivide the lot or interest unless he/she/it complies with applicable laws. That is not the same thing as "subdividing is permitted as long as you comply with all applicable laws," but that seems to be the implication. One would need to read the entirety of the CC&Rs to know for sure.
  17. 1 point
    Let me see if I can clear this up for you. 1 - You got fired. 2 - Your employer has an appeal process. 3 - You appealed by explaining why you shouldn't have been fired. 4 - Your employer denied your appeal saying that you didn't convince them to rehire you. Guess what, bub. You got your "due process." You got whatever the "due process" the employer said it was. That you didn't like the process or the results is unfortunate for you but it's a decision that you are stuck with and need to move on. No, I'm not an attorney. But I have been an employee of someone or other for 40 years and I've been fired a few times myself. With that experience I can tell you to come down off your high dudgeon and go find another job. Nothing unconstitutional or illegal happened to you and fair is where you go on rides and eat cotton candy. You've got nowhere to go with this. Understand now?
  18. 1 point

    Speeding ticket

    Show up on the court date. If the officer doesn't appear, the court will dismiss the case. I'm assuming that you were in fact driving faster than the speed limit when you got pulled over, because if you weren't and can prove it, then you'd have an argument on the merits of the charge. You could also try the usual challenges to the accuracy of the speed measurement device [search these on the internet or consult with a local attorney who handles traffic cases] but the police are usually well prepared to respond to those challenges in court. If the officer does show up [and, in most jurisdictions most of the time, the officer will show up] and assuming you really were exceeding the speed limit by approximately the amount that the officer claimed that you were -- then all you can do is tell your story to the judge and hope the judge is inclined to be lenient. Depending on how fast you were going (how far over the speed limit), and depending on your traffic ticket history (how many you've had before and how recently), and depending on how sympathetic the court is to your situation, the court might be willing to let you do traffic school, or probation before judgment, or some other kind of diversion that, if successfully completed, would either eliminate the ticket entirely or just reduce the resulting points and fines. Suggest discussing your situation with a local attorney who handles traffic cases who can give you guidance on the particulars of your matter and on what the particular judge/court is likely to do with your specific facts.
  19. 1 point
    Sure. Then that's something his lawyer should be addressing at his trial.
  20. 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.
  21. 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.
  22. 1 point


    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.
  23. 1 point

    911 please help

    Reputable lawyers do not troll message boards looking for clients and this is not a referral service. You cannot find representation by posting here.
  24. 1 point

    Debt Validation Letter

    1. Usually 30-60 days after the account became delinquent, (a payment was due, but not paid). 2. Yes, an oral contract can be just as binding as a written one. 3. Don';t be so sure you don't have a written contract. Did you ever get an email saying we are making the following changes to you account agreement, continued use of the account after ____________ date signifies your acceptance of the new terms, can constitute a written contract, and thus the longer SOL.
  25. 1 point

    911 please help

  26. 1 point

    Owner sold my rental!

    The landlord is normally required to give 60 days' notice. Ga. Stats. section 44-7-7. I don't know whether a verbal notice is sufficient, but you can easily google that. You are liable for all rent for all periods during which you have possession of the premises.
  27. 1 point
    You're too late for September. You have to give one month. See NJ statute 2A:18-56b: https://law.justia.com/codes/new-jersey/2015/title-2a/section-2a-18-56/ However, if rent was due 9/1 and has been unpaid, you can evict for non-payment of rent. Unfortunately, eviction in NJ tends to take a long time if you have recalcitrant tenants. As for repairs, you are obligated to do them when notified that a repair is necessary. You seem to be uneducated about what it takes to be a landlord in NJ. I suggest you carefully study this guide. http://www.lsnjlaw.org/Publications/Pages/Manuals/TenantsRights.pdf And then study the laws and case decisions referred to in the guide.
  28. 1 point

    Right to Cancel?

    He might be thinking of the federal law that covers many in home solicitations. See the FTC discussion of the rule for the details. The problem is that repair of personal property and deals involving real estate are excluded from the rules.
  29. 1 point
    No, there is nothing you can do to fight the write up (unless you are in a union with a collective bargaining agreement that requires certain procedures or you have a bona fide employment contract that requires procedure). They'll write you up whether you agree or disagree, whether you sign or don't sign. Seems to me that the powers that be have decided you don't play well with the powers that be and are setting you up for termination. As for the money issues, you can either sue for the money or file a wage claim with the state.
  30. 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.
  31. 1 point
    No, you're not off-base. I agree that your co-worker should consult a malpractice attorney. There's no way to say one way or the other if there is anything to it. I keep forgetting where you are. Maybe you should start putting your state where we can see it. There may be a statute of limitations issue to deal with.
  32. 1 point
    Police officers.do not decide liability issues. The fact that the officer issued the ticket and the police report would both be inadmissible. Unless the officer actually saw the crash anything he did was based on the statements of the drivers and his assessment of their statements. It is hearsay and would not be admitted into evidence.
  33. 1 point

    Ex Spouse Denying Vacation Dates

    What "should" or "shouldn't" be the case isn't relevant. What does the parenting plan say? You told us that it says you have to provide your dates to your ex by May 15. Ok...does it say that, when you provide him your dates, the ex gets veto power (and vice versa)? Does it say anything one way or the other about the extent to which your selection of dates must take into account the regularly scheduled visitation? The bottom line is that you're bound by what the parenting plan says. If it's vague or silent about how to deal with a situation such as you are confronting, then you'll either have to acquiesce or take the matter before the court.
  34. 1 point
    A court can enter an order of default if the defendant does not answer the complaint or fails to appear at a required court hearing. An order of default is, in effect, a determination that the defendant is liable to the plaintiff. It does not finally establish how much the defendant owes to the plaintiff, however. Once an order of default has been issued, the plaintiff can then file papers to obtain a default judgment, which will be a determination of how much the defendant owes to the plaintiff. The paperwork that accompanied the order of default should indicate the deadline. If not, consult with a lawyer in New Jersey ASAP -- the times for moving to vacate orders of default can be short. In my home state, a defendant has 30 days after entry of an order of default to file a motion to vacate it. If the order of default is not vacated, the defendant can still fight the default judgment and challenge how much is owed. But the plaintiff can use a simplified procedure for this where the amount claimed is a definite amount (or is a readily calculable amount). From your description of the history of the dispute, it seems like that route would be available to the plaintiff in your matter.
  35. 1 point
    I was making a lane change when a speeding car appeared I pulled back into original lane to avoid collision and the speeding driver hit the guard rail and went out of control. I was driving the vehicle of a fellow worker who had a suspended license but I got a citation for his truck not having proof of insurance, insurance was current so I went to court and the judge said "Well it looks like you owe $7000.00" I was dumbfounded and went to the clerk and got a copy of a faxed estimate from one car repair place that was sent directly to the court. It clearly states no crash on citation how is it that this is with a judge and not the insurance company? I feel I am being railroaded
  36. 1 point

    How is this possible?

    A Texas criminal or post sentencing specialist may be able to answer your question. Good time, early release, and other such provisions are extremely complicated and sometimes don't make a lot of sense. Be happy she is coming home.
  37. 1 point

    double jepardy

    Keep the conversation on the legal topics everyone. There's no need for personality drama.
  38. 1 point

    Motion to Modify Child Custody

    No, this is totally about you. 6 year olds do not get to decide what is best for them. They just don't. Their parents make that decision and if the parents can not, then the court makes it for them. The court cares what the law provides. The law provides equal access to and time with the child. As stated before, that is your starting point. It does not matter why Dad didn't file 2 years ago, or why he might be doing so now. Legally, he is entitled to do so. The court is also not going to care one bit how rotten your parents handled your childhood and their divorce. I strongly suggest therapy for you to deal with that and stop imposing those experiences on this one. You also need to accept that your ex has the right to date whomever he chooses and unless that person poses some credible threat to your son (as in a convicted child molester), you can not do a thing about it. Just as your ex can not prevent you from dating and your SO being around your son. You need to stop seeing this as some sort of personal attack and instead of smuggly pointing to your child's reluctance and using it as a reason to limit his time with Dad, work to help your child have a more positive experience with the man you chose to be is father. You picked the guy, he did not. For better or worse, this man is his father and he will be court ordered to spend time with him until he is at least 18. The more you play into your child's fears/apathy, and resist him spending time with Dad, the worse you make it for the boy. Dad is going to still get whatever time he is entitled to get, so you can make it a positive for your son, or cling to your own resentment and put your child in distress. Think again if you believe your kid can't pick up on your obvious resistance. Even asking the child if he wants to spend time at Dad's sends a not so subtle message. Your question shouldn't be how to prevent Dad from getting more parenting time, it should be how to make the transition from one home to another as seamless as possible. If you can't figure it out, seek out counseling to guide you.
  39. 1 point

    Magistrate Summons

    Are you sure that's not for a "debtor's examination" where you are asked to reveal your assets and income under oath? Not much worry there. South Carolina exempts the following assets from judgment: Car up to $5900 value. Household goods up to $4725 value. Cash up to $5900 (if you don't use the homestead exemption). Those and other exemptions can be reviewed at: https://law.justia.com/codes/south-carolina/2017/title-15/chapter-41/ I'm not sure how the cash exemption works. You may still get your bank account frozen until you can petition the court to order the release if it has less that $5900 in it. I suggest you get your money out of banks ASAP and use money orders to pay your bills.
  40. 1 point

    Mandatory Death Agent?

    No. Does the fact that you referred to this woman as your "biological mother" mean that someone else adopted you? If that's not the case, then she's just your mother, and there's no reason to use the "biological" modifier. In any event, no person is obligated to pay for another person's funeral or burial/cremation costs, but anyone who does pay for those things has a priority claim against the deceased's estate for reimbursement.
  41. 1 point

    Asking car insurance for refund

    This "sentence" is pretty much a grammatical mess, but I think what you're saying is that your auto insurance carrier is still billing you for a car you sold or transferred about 15 months ago. Correct? I doubt it because I doubt the dollar amount would make hiring an attorney cost-effective. At the end of the day, you can refuse to pay your current carrier's bill and seek insurance elsewhere. If you were improperly billed for prior periods, you can sue in small claims court. You can also make a complaint to the state department of insurance.
  42. 1 point

    International visitation

    If your son is a US citizen, he will need a US passport. That will require *some* information from the parent(s) as children can not legally apply for passports on their own. That information wouldn't go to the other parent; it would go to the passport office. Here is a link to what you need to obtain a passport for a child under 16 https://travel.state.gov/content/travel/en/passports/apply-renew-passport/under-16.html What country will the child be visiting? How long is the visit? In most cases, a visa isn't necessary for short visits. The State Department and or the embassy/consulate of the country the child will visit can guide you. Some countries do require a letter of consent from the parent(s). The embassy/consulate can guide you. Keep in mind that you are going to have great difficulty finding an airline that will allow a young unaccompanied minor on an international flight. Those that will generally charge a fee for this.
  43. 1 point
    How much more pleasant this forum could be,if only people on here would learn some "tact,"and due respect to others who post here,instead of interjecting their own personal feelings,and opinions,"personally" against the posters. Oh me,just had to chime in with my own two cents worth,so as not to be left out,you know.
  44. 1 point
    I still can't tell if this means entirely on her property or straddling the property line. The problem is that, if the fence was entirely on the neighbor's property, you bought your property subject to the neighbor doing pretty much anything with her property and structures located on her property Again, in the absence of HOA regulations (or any relevant zoning ordinance), she could have torn everything on her property down and built a bunch of crazy stuff in crazy colors, etc. That the prior owner of your home apparently erected a fence on your neighbor's property doesn't make it "your fence." Sorry.
  45. 1 point
    So...the neighbor claims the fence is on her property? Is this claim correct (i.e., was the fence that your neighbor removed located on her property or your property or was it straddling the property line)? From reading through the thread, I can't tell which was the case, and that's the single most critical fact. What does "amends the issue" mean? I'm confused about this. Based on the picture you posted in your follow up post, I'm at a loss to understand how any sort of fence of the sort depicted at the location marked would prevent or deter burglaries in any way. If the existing fence was located on her property, then she was entitled to remove it and has no legal obligation whatsoever to install a new fence. If that's the case and you want a new fence, you are free to install one yourself at the edge or your property. Of course, all this assumes there are no relevant HOA regulations (which, based on the picture, probably isn't a good assumption). On the other hand, if the fence was on your property, then your neighbor had no legal right to remove it, and you have a valid claim against her for damages. If the fence straddled the property line, then it's a more difficult situation.
  46. 1 point
    Perhaps you will understand that if you can't write properly, others may decline to interpret your bad writing.
  47. 1 point


    So...now you're in Indiana and not Ohio? How you sue is by preparing a complaint and filing it in the appropriate court. If your posts here are any indication of your writing ability, you won't be able to do this yourself and will need to hire an attorney.
  48. 1 point

    Beneficiary Spouse Issues

    The behavior of your brother in law is nonsense. The attorney should deduct your out of pocket expenses from the estate and pay it out. Is your sister going along with her husband in all this?
  49. 1 point

    i guess i am lost on licensing

    Oh, and Adjusterjack, please stop talking!!! If you were intelligent at all you would realize how utterly stupid you really are. When you talk to these people like they dare to ask a question that requires actual intellect to understand then you say the most idiotic thing you think makes you sound like you actually know something. YOU ARE A TOOL! Apologize to the person who posted Report #5
  50. 1 point
    What happens to a person that calls 911 because they want to get someone a ticket.They lied and told 911 i was drinking and driving carelessly so the cops would give me a ticket.
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