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FindLaw_VM

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Everything posted by FindLaw_VM

  1. If the facts are as you state (there's no critical information missing), I don't see how this case would proceed. Per your description, purchase was properly carried out, will was properly executed, you acquired the property through your father's will, you are the rightful owner. It isn't clear as to how long this case has been litigated or what is preventing your attorney from putting a swift end to it. Good luck!
  2. It is the responsibility of the patentee to ensure that the maintenance fees are paid to prevent expiration of the patent. Before you consider suing, you might want to check if you can still revive your patent. If a maintenance fee for a patent is not timely paid, the USPTO allows for time periods to revive patents. 37 CFR 1.378( provides that a patent may be reinstated at any time following expiration of the patent for failure to timely pay a maintenance fee if the delay in paying the maintenance fee was unavoidable. This is a very hard standard to meet. A patent owner may pay a surcharge anytime during the two year period after the 6-month grace period to pay the fee upon a demonstration that the failure to pay the maintenance fee was unintentional. "A person seeking reinstatement of an expired patent should not make a statement that the delay in payment of the maintenance fee was unintentional unless the entire delay was unintentional, including the period from discovery that the maintenance fee was not timely paid until payment of the maintenance fee." (Manual of Patent Examining Procedure Chapter 2500 Section 2590). You will need to act immediately in order to salvage your rights. More info here. And please consult a different patent attorney to address the revival. Naturally, even if you revive the patent, your patent rights will be diminished in some respects and you may still have suffered some monetary damages and you are free to pursue a malpractice claim in federal court (because of exclusive federal jurisidiction on matters relating to patent abandonment and revival) against your attorney. Good luck!
  3. Would you clarify what you mean by contruction defaults? Is there a breach of contract essentially? Here are some of the periods relevant to common causes of action in Arkansas (found here) and the statutes that spell them out. Injury to Person 1 yr. §16-56-104 Libel/Slander Libel: 3 yrs. §16-56-105 Slander: 1 yr. §§16-56-104 Fraud Common law fraud and fraud and deceit: 3 yrs. §16-56-105 Injury to Personal Property 3 yrs. §16-56-105 Professional Malpractice Legal: 3 yrs. §16-56-105; Medical: 2 yrs. §16-114-203 Trespass 3 yrs. §16-56-105 Collection of Rents 3 yrs. §16-56-105 Contracts - Written: 5 yrs. §16-56-111; Oral: 3 yrs. §16-56-105 Collection of Debt on Account 3 yrs. if not written or under seal §16-56-105 Judgments 10 yrs. §16-56-114 Product Defects - An action must be brought within three years from the time when the injury is or should have been discovered. Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching. Good luck!
  4. You'd be petitioning for a family-based visa, Adjustment of Status (F-1 to Immigrant visa) - get a conditional permanent residency (and a work authorization along with that); and after 3 years of marriage, if you meet the other citizenship requirements you can apply for naturalization. More info here. Your student visa will be valid even after you apply. You would need to continue going to school to maintain your student status in the US - at least until you get the conditional PR status, which may take 4-6 months (an optimistic estimate). The USCIS site above has links to all the paperwork and instructions on how to fill them out. Some of the forms required are (Note: This is not an exhaustive list) I-130 Petition for an Alien relative, I-485 Adjustment of status to Permanent Resident, I-765 Employment Authorization, I-864 Affidavit of Support I-693 Report of Medical Examination and Vaccination Record Naturally, you might be better off, consulting with a qualified immigration attorney before you file your paperwork. This is important paperwork and you want to give it your best shot the first time. Your biggest hurdle might be getting the Affidavit of Support filled out, unless you are independently wealthy or your wife or someone from her family or some other person is financially-qualified and willing to sponsor you for the required period of time. Good luck.
  5. Under Tennessee law when a movable structure is put on a foundation, connected to a utility service etc. it is considered an improvement to the land and property tax can be assessed to the movable structure. Further, ... "where the movable structures are attached to land occupied and used as trailer or mobile home parks where the owner of the land is renting spaces or lots for maintaining the movable structures, the owner of the movable structures shall be responsible for the additional tax imposed by reason of the improvement, and the owner of the land shall be granted a lien against the movable structure to secure the payment of the municipal and county taxes." Tennessee Code Annotated 67-5-802. You can read the section in its entirety here. (Select Title 67 Taxes and Licenses, Chapter 5 Property Taxes, Part 8 - Classification and Assessments - Real Property). In a nutshell, it is legal for the landlord to collect property tax for the improvement value that your mobile home imparts to the land. It can be collected once a year or on a monthly basis. And if unpaid, the landlord can secure a lien against the movable structure, and if the landlord sues the mobile home owner for reimbursement of tax paid, and prevails, the mobile home owner might have to pay the cost of suit and reasonable attorney fees, in addition to the taxes. Good luck.
  6. Two options seem apparent: (A) Pay the fees, bite your tongue and move on with your life, or ( speak up. Contact your local Congress Rep. or Senator and see if their office will help you. Verify that the San Diego field office had the correct (old) address for you, the date that they mailed the card, that you had a forwarding address at your old address, you informed the DHS in a timely manner etc. before you proceed further. You mght also try to escalate this within the USCIS until you have a sympathetic ear. Explain that you are required by law to carry the green card (or be cited for a misdemeanor) and making you pay for it twice in order to avoid criminal charges is punitive, on its own. There are no gurantees that you will be successful, in which case you can always revert to plan A. Good luck!
  7. FindLaw_VM

    help

    Your being stopped at the border would probably fall under "denial of entry" which is one of the grounds listed for deportability. And, I don't know if you can find out what document you signed right at this time. If you make , for example, an application for adjustment of status, then you might find out what they hold against you if they choose to inform you. There is no law stating that the USCIS needs to provide a copy of all docs they have on file to an applicant. One may not be able to force them to provide such copies. However, if you are ever in deportation proceedings, at that time your lawyer might be able to get a copy of your file. Please contact your local county bar association or legal aid group. They might be able to provide you with a referral for a 20-30 min consultation with an immigration lawyer (it may cost $50-$100, but may be well worth it). You can discuss your case and decide how best to proceed. Good luck.
  8. This issue would be considered a landlord/tenant issue and I have relocated the question to that folder as a result. There may not be any case for pain and suffering, unless you are forcibly moved. It is not clear from your question, why the maintenance is taking place (did you complain about something that needs repair, etc.?, why you need to move (is it such a ig project that you cannot still live there while the repairs are being done?), how long you will have to move for (a few days, weeks, months?). If you are being asked to move to a smaller unit, you can make a demand for lowered rent and see how the landlord responds to that. Also, get in touch with your county's legal aid or similar legal services group to become familiarized with your rights as a tenant. Best of luck.
  9. You might fight the eviction assuming that you have either just received the "3-day notice to cure or quit" or you have been served with papers for the Unlawful Detainer that will ultimately result in an eviction if you lose in court. Generally, during the process, you will still be able to stay at your home until the case is decided against you and the sheriff delivers to you the Writ of Possession. I am assuming that you are in a residential lease and not a commercial lease. Also, landlord-tenant law varies by state and it is important to comply with your state/county's laws. So, you should contact a local legal aid group as soon as possible. They may be able to assist you free of charge. Good luck.
  10. Generally, nothing can be kicked off, legally, until you have been served with notice of a lawsuit. An attorney contacting you is not enough and you might not want to talk to this attorney until you know what is going on. If the papers have been filed with the court but you have not been served the papers yet, then the case may not show up on the court's docketing system for public viewing until that happens. So, having a case number may be of limited or no use. Finally, each court (county, state, federal) has a different way of operating/managing/classifying it's docket. The case number by itself may not be sufficient information to view the details with. Check your county court's website for more information. Good luck!
  11. FindLaw_VM

    N400 form

    Unfortunately, what I think about your answer may not prove helpful to you. Remember that the naturalization application review looks at two things. One, your candor in responding to all enquiries and, two, your overall eligibility based on your answers. The tax question, seems to be framed in a way to help the Adjudicator make a determination of one aspect of the applicant's moral character (willful failure to pay tax is a misdemeanor; lying in a form and tax fraud are both considered crimes involving moral turpitude, which point to a person's lack of moral character). Your explanation that you corresponded with the IRS and got their acknowledgment might go to show that you did not willfully fail to pay tax and you did not commit tax fraud in that instance. So, it would appear that your answer was appropriate under the circumstances. How the Adjudicator might actually interpret your response is unknowable. Hope this helps.
  12. FindLaw_VM

    help

    Generally, reentering the US without proper documentation (especially after being caught at the border and signing assurances that one would not reenter) would make one's status in the US hard to correct. There may be fines and even jail time involved if one is found in the US after being denied entry, removed, excluded or deported. So, unfortunately, it might be very hard to fix the paperwork here in the US. On the other hand, even if one leaves the US voluntarily and reapplies for admission into the US from one's home country, it is unlikely that an entry permit will be granted easily. This is a situation that does not seem to have a legal remedy to, unless the whole family wants to live outside the US. Sorry to be a bearer of bad news. You may want to consult with a qualified immigration attorney to find out if there are any exceptions or legal ways to work around the rules. For example, if one is in the middle of removal proceedings, one may apply for Relief from Removal which is discretionary (not required to be granted, but may be granted if the circumstances are exceptional). Good luck. You can find more information about the issues here.
  13. If challenged, perhaps the will may be found to be invalid on account of fraud.
  14. Unless this is a trick question, you and your brother's wife own one half interest each. You are tenants in common unless you agreed to something else. Each owns an undivided interest in the property (50%). Neither party can exclude the other from the property. If one of you dies, that person's interest passes on to his/her heirs (in the absence of a will) or devisees (if there is one). If you wanted out, you might file a partition action and let a court decide how to split the property or sell it and split the proceeds. Hope this answers your question.
  15. I am sure that this is not an uncommon issue and has come up before with other units. This should be covered under your coop agreement. There may also be some way of having the coop council/committee/board etc. help resolve the issue. Otherwise, you might have to get relief through a nuisance type of cause of action in court. Good luck!
  16. This link has info about the Fair Rent Commission which is operational in about 10 towns in CT (the FRC can decide if a rent increase is reasonable). If your town is not one of those listed you might be able to get assistance by calling the statewide legal services number listed at the bottom of that page. Good luck.
  17. You can contact the Legal Aid Foundation of LA. If you don't qualify for their free legal counseling, they also have a referral service that may be useful. Good luck.
  18. I don't believe that there is any law to this effect (distance/new job related move etc). Your lease agreement thus holds the answer to your question about what would happen in case you breach the lease agreement. You can try to work with your landlord to sublet or find a new renter for the place. If you find someone who will pay a lower rent, you would only be liable for the difference in the rent. Your landlord too has the duty to try and find a new renter for the 4-month period even after you break the lease (post ads, talk to lease agents etc.) and cannot be unreasonably picky when it comes to selecting new tenants. Make sure that you don't end up being liable for damage caused by this tenant. Any sublet agreement should be properly drafted and signed by all parties. If you pay the rent for a period and later find that your landlord had rented the place out, you may make a claim for any rents in excess of your original rent. Good luck. Links to AL's Uniform Residential Landlord/Tenant Act and renter's handbook.
  19. You have rights by virtue of the signed lease agreement that you would not have had otherwise. The real question is what can you do with those rights. By having your tenants sign a lease, you have the right to demand the rent for Jan and Feb even after they have left the property, although it doesn't relieve you of the responsibility of trying to find new tenants in the meantime in an attempt to mitigate your losses. You could sue the ex-tenants individually or jointly (the second may be a better option, since they are jointly liable for the rent anyway - thus you can enforce your judgment against one, or both of them. As regards the security deposit, I believe you have a certain time within which to provide them an accounting, and that start date might be triggered by their departure from the rental property. You can list all the damage and actual or estimated repair costs and send the written statement to the last known addresses of the two tenants. If the damages exceed the security deposit you can make a claim for that amount as well, in addition to unpaid rents. If you win in court (small claims court may be an appropriate venue for this), you will still have to make efforts to collect on the moneys owed to you. You become a judgment creditor and there may be more than one way for the courts to enforce your judgment such as through wage-garnishment or some other judicial order. Good luck.
  20. Unfortunately, these are issues that should have been addressed in your lease. A lease agreement should have addressed whether the tenant or the landlord is responsible for the upkeep of the property, whether the tenant needs to split the cost for the security system, paying the water bill etc. Additionally, your lease would address what was reasonable usage of anything that you were providing for the tenant (so that flooding the back yard with water would not be seen as a reasonable use of water and would result in your tenant having to chip in the money for the flooding). If the lease is silent about specific rights and obligations of each party, then you have to rely on getting a separate agreement with your tenant going forward and we all know that it is hard to do that after a lease is signed (especially if your tenant starts avoiding you after they fall behind on the rent). Sorry that you are learning a lesson on the importance of a well-written lease agreement at an inopportune moment. Good luck.
  21. Whether you can park an unregistered car on the premises depends on your lease agreement and the apartment complex rules that you agreed to abide with when you signed your lease. If you see that clause in writing (about not allowing unregistered vehicles on the property), you may be out of luck and you might have to park your car in a friend's driveway or a storage lot until you resolve the registration issue. If the clause is not in writing, you can take that up with your management. I assume that in your city, county or state, parking an unregistered car on the street will get it towed, correct? Good luck.
  22. According to Maryland law, a lease means any oral or written agreement, express or implied, creating a tenant-landlord relationship. So, your friend has a lease that will stand up to legal scrutiny. Baltimore City law requires the landlord to give at least 60 days’ written notice before the end of the year, month, or week when the tenant is to leave. The tenant normally has to give only a 30 day written notice. Outside of Baltimore City, the state law requires the landlord to give a minimum written notice of a week for a weekly tenancy and a month for a monthly tenancy. Thus, the landlord must give 30-days notice at the minimum, since this is a month-to-month lease based on rent payments(oral leases for periods longer than a year are generally not valid under the Statute of Frauds in many states). Also, the notice should be in writing. So if your friend wants to be particular, he can point out to the landlord that a verbal notice to end the tenancy is deficient. And he will then get another 30 days from the date that the landlord provides him with written notice within which to move out. Your friend may be able to take advantage of a walk-in consulation at the Public Justice Center's Tenant Advocacy Project, at 501 E. Fayette Street, Room 207 in Baltimore for legal advice. Good luck!
  23. An internet search using the same keywords that you have in your question's subject line might get you a few useful leads. Good luck!
  24. Generally, no. The child may have permanent residence by virtue of the parent being a green card holder while the child was under 18. After 5 years, the child may then apply for US citizenship if he/she meets all the other conditions. More info here. Good luck!
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