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Everything posted by doucar

  1. Then the answers you were given will have to suffice.
  2. doucar


    What state are you in. Oops, sorry I missed Idaho. What does driving without privileges mean?
  3. So keeping a pre-paid bank card will be my only other option until the judgment falls off of my credit report in the next 3 to 5 years? No, In Texas, judgments are initially valid for 10 years. Unless it is renewed, it expires automatically at the end of the initial 10-year period. However, a creditor can renew its judgment for another 10 years and then another 10 years after that, and so on forever.
  4. Possibly, but without some facts it would be impossible to say with any certainty..
  5. I am afraid it is your son's mistake. If he had wanted to convey it as Joint Tenants, that is what he had to do. Absent specifically specifying Joint Tenants in the quit claim deed, it is tenants in common by default, joint tenants is never assumed. Even if you and your son held title as joint tenants, a transfer by your son to you, without specifically naming you and your wife as joint tenants, would have meant tenants in common. Did your wife have a will?
  6. I first practiced law in Virginia after graduating from a law school in California. it was like first year civil procedure all over again. And if you wanted authority, if the Virginia Supreme court ruled on a matter in 1912, they saw no reason to address it again.
  7. Without input from a tax attorney, I would hesitate to say yes, since this is basically a tax issue not a debt issue, since you are not being asked to repay the debt, but report it on your income taxes as income. Seek assistance from a tax attorney.
  8. 50 U.S. Code § 781 - Repealed. Pub. L. 103–199, title VIII, § 803(1), Dec. 17, 1993, 107 Stat. 2329
  9. It is too late. Once you have plead guilty and begun your sentence, to now say It wasn't really mine isn't going to work. The question becomes, are you lying now or were you lying then and they are not going to guess to determine an appeal.
  10. Again we are going around in circles. It is not an exception it is federal law. But if a state wanted to provide protection on the basis of political affiliation, it could. Federal law says you can't be liable under federal law. It says nothing about state law.
  11. What national security exception? Basically, when the federal law is stricter than state law. say, state law did not require Miranda warnings before police questioning, but federal law does. Federal law would trump state law. If state law did not include race as a basis in its discrimination laws, but federal law does, federal law trumps state law.
  12. The rule is, you can have a stricter interpretation or standard under state law than under federal law and the state law would be valid and enforceable the opposite would not be true if you had a state law that lesser standards than federal law, the federal law would preempt the state law and be enforceable..
  13. That is why you should never take legal advise from a police officer. That may be his department's policy, but it is not the law in any state where I have practiced but since you didn't list your state we cannot be 100% sure. I agree with adjustorJack.
  14. doucar

    peeping tom

    Two suggestions. Expand your fence so that it is taller. Move. It doesn't appear that he is doing anything illegal.
  15. The statute of limitations to sue for rent in California is 4 years. That was satisfied when they got a judgment against you. The judgment is enforceable for 10 years, plus it can be renewed for another 10 years.
  16. Since you neglected to post your state, all we can say is contact a local personal injury lawyer to see if you have a viable claim.
  17. What state did he live in when he passed? Because this is a state law issue and it would be a very unusual state that would grant you any legal rights as a finacee, there is no case law or precedent that would support you in any state where I have practiced, but again, there are 50 states, puero rico and DC which could come into play.
  18. You can file a lawsuit, but it would be dismissed on the basis of the statute of limitations, as the injury took place in 2014 and the statute would have run out in 2016.
  19. You both need to tone it back a little. BTW, PG is a lawyer and in his own way was seeking clarification. I am a lawyer, and I did not respond, because I was confused by your initial post and was waiting for you to clarify it. Retired made a few assumptions, and answered what he thought was your question, but I wasn't sure.
  20. You must sue the homeowner, not his insurance company as you have no standing to sue the insurance company. The insurance company owes you no duty under the law, its duty runs to its insured. So, if you file suit, it will be against the homeowner.
  21. He is relying on the fact that no statute says this.
  22. I am not sure what you expect strangers on the internet to do to "fight this" particularly when you didn't list your state as requested.
  23. Understood, but some states have programs that cover smaller businesses and i was just trying to cover all bases
  24. FMLA in Mississppi covers employers with 50 or more employees within a 75 mile radius. So it appears that FMLA would not protect you and the termination, while it appears to be foolish, was not illegal.
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