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  1. 1 point
    pg1067

    Legal Conflict of Interest related to HOA

    Here's what I think you're saying: Lawyer L represents HOA in connection with various legal matters. X and Y are residents in the community over which HOA has control. X and Y have a dispute relating to a fence installed on X's property. Y retains Lawyer Z to represent him and send a letter to Y about the fence. Y retains Lawyer L to respond. Is that right? In other words, Lawyer L's representation of Y in connection with the dispute with X has nothing to do with Lawyer L's representation of HOA. Right? Your use of "we" is ambiguous. If my restatement of the facts is accurate, it is not a conflict of interest. That said, Lawyer L should have disclosed to Y that he represents HOA and that, depending on how things progress, an actual conflict might arise that would require L to withdraw from his representation of Y.
  2. 1 point
    ElleMD

    Changes to HOA documents

    Totally up to you.
  3. 1 point
    RetiredinVA

    Legal Conflict of Interest related to HOA

    It is not clear why the HOA would be a party to this squabble, except so far as it may approve of disapprove of the new fence. The neighbor whose property is encroached by the other party has an action against the other neighbor for trespass and can remove the fence or have a court order the other party to remove it. That should not involve the HOA.
  4. 1 point
    To me that looks like a request, not a demand. At this point if the HOA doesn't take any positive action against the property owner (A) who wants the fence removed I'm not seeing any conflict of interests by the HOA's lawyer representing the other property owner (B). I don't see a conflict of interests looming even if A and B litigate as long as the HOA stays out of it. Is this the same situation that you wrote about last month? https://boards.answers.findlaw.com/topic/241490-fence-across-the-property-line/#comment-616915 There may not even be a conflict of interests if the HOA actively defended (B). In other words (A) isn't going to win any points by accusing (B)'s lawyer of having a conflict of interests. Out of curiosity I pulled up the Idaho Rules of Professional Conduct. The sections on Conflict of Interest begin on Page 15. Study up. https://isb.idaho.gov/wp-content/uploads/irpc.pdf
  5. 1 point
    No. As long as the HOA is not a party in the dispute, I don't see any problem with that.
  6. 1 point
    RetiredinVA

    Runaway from Private Boarding School

    Did your mother adopt you or get appointed as your guardian. There is an enormous difference. If your mother adopted you then she is your mother, not your guardian. Period. Hints do not end guardianship, only court orders create and end guardianships. You only qualify for emancipation if you are entirely self sufficient, that is, have employment sufficient to sustain yourself independent of funds from anyone else.
  7. 1 point
    Tax_Counsel

    Pre-Tax Transit Plan

    The benefits are discussed in IRS Publication 15-B starting at page 20.
  8. 1 point
    adjusterjack

    mileage issue

    Sell the car privately based on Craigslist or Auto Trader prices for a comparable car in your area with comparable odometer reading. You'd get screwed on a trade-in even if you didn't have that issue. Somebody buying a 14 year old vehicle with over 100,000 miles on it for a few thousand dollars isn't likely to make an issue of it.
  9. 1 point
    pg1067

    IR1 IV

    We can only guess, but the fact that you're asking the question indicates that you understand that your marriage may appear to anyone who reviews your application and conducts an interview to be a sham for the sole purpose of getting you into the U.S.
  10. 1 point
    pg1067

    Making Changes to CCRs

    I'm inclined to agree with the prior response, but it's impossible to know for sure without reading the CC&Rs.
  11. 1 point
    ElleMD

    Making Changes to CCRs

    Whether you re-write the whole thing or create an addendum is up to you. Same with who writes the first draft. This wouldn't be something the law would care about. I'm sure you can google any number of examples of other CCRs if you are looking for sample formats.
  12. 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.
  13. 1 point
    In order toanswer your questions we need to know exactly what is in the court's file. What is the difference between a default and a default judgment can only be answered by knowing exactly what the judge decided. You can file a complaint with the Office of Attorney Ethics at https://www.judiciary.state.nj.us/attorneys/oae.html
  14. 1 point
    adjusterjack

    RFE affidavit sample letter

    An affidavit is a notarized written statement of what somebody knows. Have your friends just write it up saying what they know about you and have them sign it in front of a notary. Here's a guide: https://www.visatutor.com/witness-affidavits-help-k-1-visa-cases-red-flags/ Here's a sample: http://www.visajourney.com/examples/USCIS_I751_Affidavit.doc Though I'm thinking something less formal (handwritten) might come across better.
  15. 1 point
    cbg

    Coefficient Overtime

    Let's be sure we're all on the same page as to what's happening. I see at least one thing that's potentially wrong already (depends on what industry you're in) but we'll take your facts as they exist for now. For the sake of easy arithmetic, let's assume you get paid $10 an hour. Your gross pay at the end of 80 hours would then be $800. Now, let's say you work actually 82 hours. You would need to be paid $10 for 80 hours and $15 for two hours, for a total of $830. Now, if you're being paid $830, that's all the law cares about, no matter how they break it out. The way you've described it, you're being paid $810. Which is correct? And what industry are you in?
  16. 1 point
    What you do is up to you. Frankly, I would have accepted his first text, that you owe nothing, as the end of it. He got another $700 out of you. People often threaten lawsuits as hot air. Best thing you can do now is ignore him, block his calls and his emails, stop talking to him.
  17. 1 point
    my daughter is 4 . I let him get her every weekend unless I have something going on with my side of the family. She screams and acts completely terrified when he picks her up. There has been times she makes her self sick from having such a meltdown about going with him If there is no court order requiring that she visit him, then you are not required to allow it. However, please take note that separation anxiety is very common in children of that age and the only way for them to get over it is to make them go with the other parent, Aunt Susan, Grandma, whoever. Giving in to her and allowing her to decide whether to go with Dad or not, is not the way to teach her that she can leave Mom temporarily and nothing bad will happen. What are you going to do if she does the same thing when she doesn't want to go to school?
  18. 1 point
    Tax_Counsel

    Email impersonation at work by IT

    Then you ought to see an attorney in your state so the specific facts can be reviewed to determine if the employee has any recourse here beyond quitting his job. An employee may not like that the employer is sending out e-mails via his company e-mail address (which then makes it appear the employee sent it) but most such e-mails sent would neither be illegal nor would they give the employee any civil claim against the employer. You seem insistent on trying to get an answer that it is automatically wrong for the employer to send out e-mails using company e-mail accounts assigned to employees, and you won't get that here because there is nothing in the law that makes that illegal in all instances. The facts matter, as has already been said before in this thread. So if you want a more detailed answer than this, see that attorney. That's your best bet for getting a specific answer as to whether your employer has crossed the line into something that is either a crime or a civil wrong.
  19. 1 point
    Tax_Counsel

    Email impersonation at work by IT

    Finding a job where the employer does not engage in that kind of use of the e-mail. Absent that, he cannot prevent accusations of misuse, only respond to any such accusations if and when they arise.
  20. 1 point
    cbg

    Terminated for something others have also done.

    This is not illegal discrimination. Job title is not a characteristic protected by law; it is quite legal to treat employees differently as long as they do not do so based on race, religion, national origin etc. Nothing you have posted suggests any illegal action on the part of the employer.
  21. 1 point
    Tax_Counsel

    Hiring Felons

    Title VII of the Civil Rights Act is codified at 42 U.S.C. § 2000e et seq. In the act, term employer is defined as: 42 U.S.C. § 2000e(b)(underlining added). As you can see from what I underlined in the statute, the term employer only includes those those firms that have at least 15 employees. Since you have just 10 employees, you are not covered by Title VII and thus won't have a problem under federal law by adopting a policy of not hiring felons. Apparently the NJ “ban the box” law that prohibits employers from asking about criminal convictions and arrests on the employment application also only applies to employers with at least 15 employees.
  22. 1 point
    Tax_Counsel

    Hiring Felons

    How many employees total will you have? Unless you have at least 15 employees the federal employment anti-discrimination laws will not apply to you.
  23. 1 point
    MiddlePart

    Hiring Felons

    In your hiring process, you'll need to make sure you comply with New Jersey's 'ban-the-box' law, which limits when and how you can ask an applicant about their criminal record. Just because you're advertising that you won't hire people convicted of a felony doesn't mean that people with that status won't apply for a job anyway. Under New Jersey law, you can do a criminal background check on your applicants, but it has to be done in the right way and at the right time in the process. Title VII doesn't expressly prohibit an employer having a blanket rule that they won't hire people who have felony convictions. In some cases (probably not your business) employers are required under particular regulations to have such a policy. That said, there are circumstances where the EEOC might consider that you have nevertheless violated Title VII by basing employment decisions on criminal records. Some useful information on that topic here: https://www.eeoc.gov/eeoc/newsroom/wysk/arrest_conviction_records.cfm.
  24. 1 point
    ElleMD

    fraudulent workplace injury - stat of limitations

    If you or "your friend" know the business where this occurred and or the insurer (which is public record- for that matter, so are WC claims) you can notify them. I am certain they would be interested. Every insurer has a fraud division where these tips can be reported anonymously, though the more details shared about the perpetrator, the better. You can also report it ere https://www.ifb.org/ContentPages/TypesOfFraud/TypesOfFraud.aspx
  25. 1 point
    RetiredinVA

    Car Wreck with Unauthorized User

    Notify your insurer immediately! It is the responsibility of your insurer to handle this, including hiring an attorney to defend you against any claims against you.
  26. 1 point
    cbg

    Rape/sex crimes

    So he was in prison, albeit in another state. What is it that you would like them to have done?
  27. 1 point
    Tax_Counsel

    Open New small business in another State

    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.
  28. 1 point
    LegalwriterOne

    How is this possible?

    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.
  29. 1 point
    RetiredinVA

    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.
  30. 1 point
    pg1067

    Fence across the property line

    Not entirely sure what this means. Any portion of the fence on your friend's property can be removed without legal issue. Anything on the property line or on the neighbor's property is obviously a different story.
  31. 1 point
    adjusterjack

    Background check for housing

    I think that there is something in the Fair Credit Reporting Act that requires him to identify the source of the report. Read it: https://www.ftc.gov/system/files/fcra_2016.pdf
  32. 1 point
    bjones0889

    Need help and honest answer.

    This past weekend, I had hit a parked car in which had led to a minor scratch on the bumper of my vehicle and no damage to her vehicle. The owner of the vehicle stated that she isn't calling the police and that I'm good to go. So I left to go shop and got in the vehicle then left the scene. Later, that evening the police arrived to my home in which I wasn't there, stating they was coming to check on me, because they heard I was involved within an accident. Does that count as a hit and run or being locked up? I need advice please.
  33. 1 point
    WhatzTheDeal

    Car dealer never discolosed car was in accident.

    Dealer's requirements to disclose prior damage does vary between states. In California, buyers have pretty good protection. However, general fair and correct business practices place the burden of disclosure of defects on the seller more than the buyer. Either the dealer knew and withheld information, or he should have known and failed to find defects in his inventory. I would highly recommend contacting an automotive lawyer for a consultation. You have nothing to lose. The general answer to your question is, YES, a licensed used car dealer MUST freely DISCLOSE PRIOR DAMAGE, and if he doesn't, you, as the buyer, are entitled to return the car for a complete refund of all money paid, including tax, DMV...everything. Dealers are required to disclose prior accident damage to buyers. They must find out whether their inventory truly has prior damage. They cannot rely or defend themselves from failure to disclose based on "clean" Vehicle History Reports, such as CARFAX. If the VHR says, "no damage reported," it doesn't mean the vehicle truly has no damage. "No damage reported" to vehicle history data providers merely means that no accident report or insurance claim was filed and thereby contained in the report. It is the dealer's professional duty to discover, FOR SURE, by human (in-person) professional inspection of the vehicle by a licensed mechanic or inspector. A safety inspection is NOT a prior damage inspection. It is NOT your job to ask if a vehicle has prior damage, rather, it is the dealer's job to tell you, period. Basically, the dealer must know and disclose prior damage because it is his job as a professional, and if he fails to discover AND disclose prior damage to the buyer, he is guilty of either FRAUDULENCE (if he knew, from info given to him when he purchased the inventory and withheld that info from the buyer) or NEGLIGENCE (if he didn't know and failed to discover, by having the vehicle inspected in-person). Those are the ONLY two possibilities. He either knew or should have known of his inventory's condition prior to resale to a consumer. NOTE: damage or repair requiring disclosure must be considered "Material Damage," which is 1) any damage/repair to the vehicle's frame or suspension, 2) any accident damage/repair whose repair cost exceeded a certain percentage of the vehicle's value. Not every little fender-bender or cosmetic repair is material. In California, we have the CLRA law, CALIFORNIA CIVIL CODE SECTION 1750 Consumers Legal Remedies Act, which outlines numerous requirements for sellers of various goods. Basically, if a seller fails to represent merchandise as it actually is, he has violated this broadly defined law. I suggest you search online and contact an automotive lawyer who handles "prior damage" cases. Many of these attorneys will take your case on a "contingency basis" so you don't pay anything unless he wins. You have nothing to lose by checking this out. Good luck.
  34. 1 point
    WhatzTheDeal

    Car dealer never discolosed car was in accident.

    The general answer to your question is, YES, a licensed used car dealer MUST freely DISCLOSE PRIOR DAMAGE, and if he doesn't, you, as the buyer, are entitled to return the car for a complete refund of all money paid, including tax, DMV...everything. Dealers are required to disclose prior accident damage to buyers. They must find out whether their inventory truly has prior damage. They cannot rely or defend themselves from failure to disclose based on "clean" Vehicle History Reports, such as CARFAX. If the VHR says, "no damage reported," it doesn't mean the vehicle truly has no damage. "No damage reported" to vehicle history data providers merely means that no accident report or insurance claim was filed and thereby contained in the report. It is the dealer's professional duty to discover, FOR SURE, by human (in-person) professional inspection of the vehicle by a licensed mechanic or inspector. A safety inspection is NOT a prior damage inspection. It is NOT your job to ask if a vehicle has prior damage, rather, it is the dealer's job to tell you, period. Basically, the dealer must know and disclose prior damage because it is his job as a professional, and if he fails to discover AND disclose prior damage to the buyer, he is guilty of either FRAUDULENCE (if he knew, from info given to him when he purchased the inventory and withheld that info from the buyer) or NEGLIGENCE (if he didn't know and failed to discover, by having the vehicle inspected in-person). Those are the ONLY two possibilities. He either knew or should have known of his inventory's condition prior to resale to a consumer. NOTE: damage or repair requiring disclosure must be considered "Material Damage," which is 1) any damage/repair to the vehicle's frame or suspension, 2) any accident damage/repair whose repair cost exceeded a certain percentage of the vehicle's value. Not every little fender-bender or cosmetic repair is material. In California, we have the CLRA law, CALIFORNIA CIVIL CODE SECTION 1750 Consumers Legal Remedies Act, which outlines numerous requirements for sellers of various goods. Basically, if a seller fails to represent merchandise as it actually is, he has violated this broadly defined law. I suggest you search online and contact an automotive lawyer who handles "prior damage" cases. Many of these attorneys will take your case on a "contingency basis" so you don't pay anything unless he wins. You have nothing to lose by checking this out. Good luck.
  35. 1 point
    dudeinaroom

    Right to "travel" without a licence on hwy

    All motor vehicle codes apply to person. All of them refer to the act of person, driver, driving, operating, operators. etc which in their scope are all acts of commerse. None of them adress human beings, private automobiles of traveling, which is what a private human does in the ordinary course of life all others are extroniary and are outside the normal activites of a private human being. All statues apply to persons. A human being is not a person..... The word "person" in legal terminology is perceived as a general word which normally includes in its scope a variety of entities other than human beings. See e.g. 1 U.S.C. sec 1. Church of Scientology v. U.S. Dept. of Justice (1979) 612F.2d 417, 425. As is also support by some law dictionaries. Newer law dictionaries have had some of this information removed from them to hide the facts. So I ask you, how do statues that apply to persons apply to flesh and blood human beings?
  36. 1 point
    sovereighn

    Right to "travel" without a licence on hwy

    its a fact that you do have a right to drive without a license, its also a fact that statutes will be used against you in an unfair way. you will be persecuted if you try to avoid them, but it does not change the fact that you are a sovereign individual.
  37. -1 points
    pg1067

    Car dealer never discolosed car was in accident.

    As phrased, this is wrong because it isn't limited by the amount of damage and doesn't take into account the dealer's knowledge or lack of knowledge regarding the damage. No state has a law that requires a dealer to disclose prior damage to a used car, regardless of the extent of the damage. Do you have any citation that supports this claim? Again, do you have a citation to support this? Wrong. Let the buyer beware. This is an accurate description of the CLRA. However, nowhere does the CLRA say anything about used cars. Moreover, the OP didn't identify his/her state, so it's not clear why you felt the need to discuss California law in the first place. Wrong. The CLRA is concerned with affirmative representations that are false or misleading. It is not concerned with failure to disclose. The only affirmative disclosure requirement is in a situation in which the seller "[a]dvertis[es] goods or services with intent not to supply reasonably expectable demand, unless the advertisement discloses a limitation of quantity." CC 1770(a)(10).
  38. -1 points
    pg1067

    Child Support

    So...she doesn't provide a roof over the kids' heads? Doesn't buy them food? Doesn't buy them clothing, school supplies, etc.? Is that what you're alleging? Yes. I'm sure you can do lots of things. Depending on how long ago the child support was entered, you may be able to have it reviewed, and you may be able to convince that some amount of income should be imputed to your ex such that the amount you pay should be lowered. However, the reality you need to come to terms with is that your ex will necessarily benefit in order that your kids are well provided for. Your kids go without what? The "at fault party"? Texas law provides for both fault-based and no-fault divorces. Fault-based grounds include adultery, cruelty, felony conviction and abandonment. Was your divorce based on one of these grounds, or was it a no-fault divorce? If it was a no-fault divorce, then there was no "at fault party." These issues are unrelated to child support. If your ex is neglecting your kids, that may be grounds to seek a change of custody (which would also obviously result in changes to the child support obligation). If you want to pursue this, consult with a local family law attorney. We can only comment based on information you have provided, and we have no way of learning about your situation other than as a result of what you tell us. You didn't provide any of this additional information in your original post, so what do you expect? If you thought this information was important, you should have included it from the get go. Instead of griping about the information that was provided, you should be thanking the folks who spent their valuable time trying to help you.
  39. -1 points
    ww0821

    Child Support

    Texas CS laws and CPS is quite the joke and scam. It should not be a big deal to be required for a parent receiving CS to account for how that money is spent in support of the child. In many cases the custodial parent is living large with ridiculous amounts of CS and a good job utilizing the child as a pay check etc while the NCP struggles in their personal life and while trying to be a part of the child's life. More times than not the role of CP is filled by the mother while the NCP is filled by the father regardless of what the mother has done in the marriage or how she treats the child. CPS being completely useless and just as biased as the family court system is a topic for another thread. Any lawyer that comes in and automatically says, "Oh well she can do whatever she wants" is part of the problem and the reason that the system is for lack of better words...............extremely f****d up.
  40. -1 points
    pg1067

    Email impersonation at work by IT

    How could we possibly know (although it's obviously "fraud or something else")? All you told us was that the e-mail "contain[ed] company data." Without knowing all of the relevant facts and circumstances, answering your question is impossible. What employee? Your post expressly refers to "multiple employees." What does "hold the company liable for any emails" mean? Not sure how you expect a complete stranger to answer this hypothetical. What report? Address what? You're obviously going to have to do a much better job describing what you're talking about.