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Showing content with the highest reputation since 05/15/2012 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

    401K Loan Dispute

    Under the federal tax law, the employer may require in the plan documents that outstanding loans be repaid when the employee leaves the company or the plan is terminated. So whether you must repay the loan now depends on what the plan documents and your loan documents say. The plan trustee must follow the rules provided for in the plan. So read the plan and see what it says. If it does require that you repay it when you leave then the trustee must apply that rule and you are stuck with that. However, in the event that you cannot repay it, you can avoid the immediate tax consequences by rolling over the outstanding balance into an IRA or other eligible plan by the due date to file your return for the year, including extensions. So if you get an extension until October 2020 you would have that long to roll it over and avoid the income inclusion and early withdrawal tax. See the IRS page on Retirement Loan Topics. If you need to get some other loan to cover the roll over that might still be a better outcome for you than the tax hit. You could see a local attorney to find out if under your state's tort law you might have a claim here for negligence against Prudential. The problem that I see, though, is that if the answer is clearly in the plan documents it is likely that you would be expected to have looked at those and you'd have had the right answer. Since the plan documents should have been readily available to you, relying on the customer service people may not have been reasonable in the sense meant by the law. But you can discuss that with the attorney to see how that might impact things. Many civil litigation attorneys give free initial consultations, so you'd only lose a little time. In the end, though, if you can do the rollover, that's probably your best solution to this.
  4. 2 points

    Treasurer time up

    If the Board of Directors were to pass a resolution firing the treasurer and appointing a new treasurer, and the president were to provide a certified true copy of the resolution to the bank, I think it would be highly likely the bank would shut down access to the account by the old treasurer immediately.
  5. 2 points

    Death With Dignity Law

    When I first got my hearing aids I was amazed at the sound of my feet on gravel, the sound of the wind, and peeing sounded like Niagara Falls.
  6. 2 points

    Death With Dignity Law

    Buy her a book: Stephen Hawking: A Biography https://www.amazon.com/Stephen-Hawking-Biography-Kristine-Larsen/dp/1591025745 Might inspire her.
  7. 2 points
    That surprised me since civil forfeiture has been in existence in GA with regard to drugs for years. The legislature amended the code effective in 2015 to add a statute under the civil code (Title 9, Chapter 16). It got a lot of online coverage at the time. It may be in civil code but the forfeiture is tied directly to your criminal case....
  8. 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.
  9. 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).
  10. 2 points
    What he is booked for doesn't mean anything. It's the DA's office that files charges, not the cops.
  11. 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.
  12. 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?
  13. 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.
  14. 2 points


    Depends upon what the CC&Rs say, and we haven't read them.
  15. 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.
  16. 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.
  17. 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.
  18. 2 points

    motion to suspend visitation

    pg1067... why are you so mean when you respond to people’s questions?
  19. 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."
  20. 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.
  21. 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.
  22. 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.
  23. 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!
  24. 2 points

    Executor vs Executor

    No will comes into play until it is admitted to probate by the court. If one will was admitted and then a later will is located, then the newly named executor would notify the existing executor as well as all the beneficiaries or potential beneficiaries by serving them with a copy of his petition to admit the second will to probate and be appointed executor. Until the court rules, the second executor has no power to do anything.
  25. 2 points
    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?
  26. 2 points
    Hi @Shelbi2016 A few issues which may interest you: (1) testamentary capacity, and (2) undue influence. You may want to discuss these issues as they pertain to your case with an experienced trust and estate attorney. Best of luck! The FindLaw.com Team
  27. 2 points
    I once met a nice looking person online. The person needed me to provide a cellphone so we could speak directly. A sister in UAE (I think it was) would receive the phone and deliver it when she visited. Fortunately, at about the same time I also received a nice letter from an oil ministry worker in Nigeria who had money he needed to transfer. So I put them in contact with each other. I hoped it worked out for the best for them.
  28. 2 points
    Hi @PlainlySecret Welcome to the community and thanks for posting. So sorry to hear about the attack against you and all that you have endured. If the police locate a suspect you can likely initiate a civil action against that person. In the meantime, you may want to speak with a worker's compensation attorney just be totally aware of your right since you were injured while attending a work training. It may be possible that worker's compensation might pay for your out-of-pocket expenses and lost wages. You can also speak with a civil attorney about initiating a lawsuit against Baltimore who can advise you about the likelihood of succeeding in a claim against the city. Best of luck with your case and keep us posted! The FindLaw.com Team
  29. 2 points
    If your condition is as serious as you believe it is, and I have not reason to doubt you, your best course of action is to take the $500.00 you have, go and see the doctor of your choice and get him/her to treat you. Then you will have a measure of damages to take to an attorney. Right now, your damages are speculation at best and $500.00 is not enough to get an attorney even started. At $300.00 per hour, it will go fast.
  30. 1 point

    Are these legal marriages?

    I think your money would be better spent in counseling.
  31. 1 point

    Death With Dignity Law

    You can say whatever you like to whomever you like. However, having a power of attorney ("POA") doesn't necessarily mean you get to override her own decisions, and medical POAs typically don't become effective until and unless the principal is unable to make her own medical decisions. That said, you certainly can voice your concerns to your mother's doctor. Realistically, nothing.
  32. 1 point
    Call the health department to verify whether the blood is a health code violation. I wouldn't think it's a hazard as long as you don't touch it. That the LL didn't sign the lease doesn't matter. You signed it and you are bound by it. He doesn't have to let you out of it. Illinois doesn't have much by way of landlord tenant law but what it does you can read at: http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=62 Scroll down till you get to it then study up.
  33. 1 point
    I'm guessing you mean the organization is tax exempt under Internal Revenue Code (IRC) section 501(c)(3), often called § 501(c)(3) organizations for short. There is nothing in the federal tax code or treasury regulations that govern § 501(c)(3) organizations that prevent them from discriminating against a member using its resources to sell a product the organization does not approve of or that the organization may have concerns about the legality of selling. Nor does any other federal law make that illegal, either. And so far as I can see, Arizona law does not prohibit that either. You are selling a product that is still controversial so you have to expect that you'll get resistance and push back from some people concerned about that product.
  34. 1 point
    The type of relationship matters a lot. If the judge is personally acquainted or friends with one of the attorneys, the judge may need to recuse him/herself (although, in the case of criminal law, most judges will have some level of personal acquaintance with some/most/all of the local prosecuting attorneys and public defenders). On the other hand, judges and attorneys being professionally familiar with each other can be a useful thing (when I practiced privately, the first thing we'd do upon learning of a judicial assignment was to seek out as much intel about the assigned judge as possible). As "RetiredinVA" pointed out, the level of familiarity is likely to be inversely proportional to the size of the jurisdiction.
  35. 1 point

    parking and using my RV on my property

    After many letters and attending a board meeting the board would not give an inch on this. We asked for a compromise of maybe allowing trailers from Memorial day to Labor Day, or allowing a 48 or 72 hour rule, or some form of compromise to no avail. As far as filing as a seasonal residence I could never find the Wisconsin codes that would apply to trailers. Maybe if more people who share this dilemma contact them we might have a chance for compromise.
  36. 1 point
    Other than asking him to turn off his porch light earlier, to which he is free to say No, I ask again, in what way is this hurting him?
  37. 1 point

    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.
  38. 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
  39. 1 point

    Question on Texas mortgages

    Once Wilma becomes the owner of the home and just like any homeowner if she sells it she gets the proceeds from the sale, after paying off any mortgages and other liens that attach to the property. The one thing that might upset this and prevent her from getting the house is if Fred’s estate has so much debt that the house must be sold to pay it off. In that case, Wilma never gets the house.
  40. 1 point

    Newborn Hearing Test

    They already tested the baby and have a concern so they issued a referral for a retest by an outside audiologist. According to the published protocal, ( https://idph.iowa.gov/Portals/1/userfiles/77/Newborn Hearing Screening Protocol-11-08.pdf ) you can refuse but you have to do it in writing.
  41. 1 point

    Perjury - How to prosecute

    I was an attorney practicing in Northern Virginia for a little over 30 years. You have referred to a "commissioner" several times. What was the context of the proceeding that involved the perjury and how did a civil proceeding result in a $700 fine?
  42. 1 point

    Perjury - How to prosecute

    As already has been mentioned,it is at the sole discretion of the prosecutor whether or not to file charges,whatever the offence involved might be.Limited resources,means the DA's office have to prioritize what cases they will pursue/not pursue. That said,In the case of perjury,here's just a few things to keep in mind.Did the person in question,lie about a material fact in the case.That is,a fact that would tend to help prove an element of the crime,and (2)Was that lying statement,the sole evidence relied upon that resulted in the conviction. If the answer to either or both questions is no,forget about it,your wasteing your time.
  43. 1 point

    Two bond questions...

    In the case of a notary bond, all that matters is that the bond was in effect at the time of the alleged misconduct. Yes, and you should include the judgment you obtained against the bond principal. I don't know who "they" are. However, a default judgment cannot be appealed. The defendant could seek to have the judgment set aside, which would then result in the case being litigated on the merits. The bonding company would have no standing to do anything since it wasn't a party to the lawsuit. Keep in mind, however, that the default judgment may not compel a payment from the bond since a default judgment is not an adjudication on the merits. A notary bond does not cover any and all claims against a notary. It probably would not cover a claim for libel and, depending on the specific facts, may not cover fraud. In general, a notary bond covers a notary's failure to perform the duties of a notary as provided by law.
  44. 1 point
    The only way to get rid of a warrant is to be arrested or surrender. They never go away. With that said, depending upon the actual drug charges she was originally convicted of, and her prior criminal history, she may fall under Prop 47 for a reduction of the charge BUT, she's going to have to consult an attorney and get back into court.
  45. 1 point
    Protected from what? As a non-exempt employee, you're entitled to your lunch break. Beyond that, declining to do what your boss asks is a great way to get fired or written up or a bad review and no raise, etc. Under these circumstances, "unfair" and "unreasonable" are essentially the same thing and are both legally irrelevant. If being asked to perform "Team A duties" prevents you from meeting your "Team B performance goals" and you're fired as a result, you probably would have a good argument for unemployment benefits, but it wouldn't be illegal.
  46. 1 point
    Hi @Plinko517 Welcome to the Answers community and thanks for your question! So sorry to hear about you mother's situation. Since she already has the appointment with an attorney, it may be a good idea for your mother to keep that appointment and speak with a real estate attorney about what has occurred. She was wise not to sign anything without counsel first reviewing it. A local real estate attorney can help her understand her legal rights and recourse. Best of luck to your mother! The FindLaw.com Team
  47. 1 point
    Hi @joephdnpainting Thanks for your question! The responses from our community have pointed you towards the statutes regarding child support, and the authority for the DA to collect. As you mentioned in your post, the State of California takes non-payment of child support very seriously. Failure to pay child support can lead to wage garnishment, real property liens, suspension of driver's license, and contempt charges. Part of the reason for this is the public policy behind child support. It is for the benefit of minor children, so the state will go to great lengths to ensure that children are adequately supported by both of their parents (and both parents have an obligation to financially support their children). However, also, every child support order is just that -- a court order. Violation of court orders can lead to contempt charges, which may result in civil or criminal fines. The FindLaw.com Team
  48. 1 point
    No it does not. Its a serious problem when an ignorant tenant says "don't care about your health". Ignorance is genetic. You don't aquire it, you're born with it.
  49. 1 point
    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?
  50. 1 point

    Caretaker rights??

    You haven't provided a specific state, so there's no way to point you in a specific direction other than to say it is unlikely you will find any constitutional "caretaker rights" or even statutes that grant some favorable status on caretakers. However, I will offer some thoughts and commentary based on the facts you did provide. First, based on the language you use -- "plotting," "overthrow," " regime" -- I am wondering if you have the best interests of your mother mind. Second, a lot will depend on you mother's faculties. Is she capable of making her own decisions? Is she capable of inform consent? Has she conferred power of attorney over any part of her affairs to you or others? Is she running her household, albeit with your presence? If she's unable to manage on her own, maybe a judge would be in a better position to determine what is in her best interest in a fight between you siblings over her affairs. Three, as to eviction, that's a legal process. If your mother hasn't kicked you, the siblings are not likely to be able too either without first being granted some form of guardianship or custody over your mother. Fourth, I suppose you could seek some form of compensation for the care and services rendered to you mother if it comes to that. Depends on the facts. Fifth, you might want to check out information on elder abuse --www.NDEA.aoa.gov. Do you recognize yourself here? Your siblings? Fourth, you might want to see what you identified state has on the books awout elder abuse.
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