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Everything posted by doucar

  1. Go down the the clerks office, review the file, and pay for a copy of anything you do not have.
  2. Since you are a member of a union and subject to a CBA, you next step would be a grievance through the union. The company is free to believe you or not or your accusor or not. But go back to your union and see if there is a next step.
  3. Police do not issue warrants, judge's do. depending upon the state, which you did not state, either the police or the prosecutor takes an affidavit, which outlines the evidence they have and the judge either issues the warrant or not. The standard is probable cause. Your hsudband needs a criminal defense attorney yesterday.
  4. doucar

    D U I

    Except that the DA doesn't have to prove you are impaired to be convicted with a BAC above .08, you just have to be above 08.
  5. You did not say that you had a union contract, so this answer will assume you did not. No law makes what your employer did illegal, so it is legal. Apply for unemployment and begin looking for a new job.
  6. I believe you are, unless the new law grants amnesty to violations under the old law. Your friend could also face several other charges, including failure to appear, bail jumping, interstate flight to avoid prosecution (a federal law and admitted a long shot). Ex post facot laws are laws that are passed, which make criminal activity that occurred before the law was passed. I am not sure this situation falls into that definition.
  7. You have several separate issues here. What happens to the funds in the trust is determined by the language of the trust, which we do not have so have no way of knowing and most likely would not be a part of his estate. The next issue is the determination of heirs for his estate (large or small). In most instances it would go to his wife, since there is not yet a child, she is just pregnant. if she is convicted or criminal homicide in the death of your son, she cannot inherit in many states. Then the estate would be split between you and his father. Some states may consider a child conceived but not born before his death may be eligible to inherit. If that is the case, you can certainly ask for a dna determination. I am not sure what the ex-husband would be sole beneficiary unless he were named in a life insurance policy or something similar. You and he would be the beneficiaries of his estate.
  8. Can any one of the children prevent him from selling the house? Yes, but not agreeing to sell his/her share. Which wouldn't really make much sense. if the house was sold and after all the expenses they got 100,000. He would get the fisrt 60,000 and split equally the remaining 40,000, so he would net 70,000.00. He is responsible for the mortgage, and if only a portion of the house was sold, then he would have to negotiate with the mortgage holder how much would go to the mortgage and how much to him.
  9. Look at it this way. You made a mistake, they cut you some slack. despite the intensive outpatient rehab and other measures, you make the same mistake again, only worse (I consider drunk driving/boating worse than minor consumption). Why should they cut you some slack a second time?
  10. That will be up to the judge, and since you couldn't stay out of trouble after NM gave you a break, they may not give you another one.
  11. If you are stopped in Eastern New Mexico, and the warrant is out of a West Texas county, then yes, the could extradite you. The problem for you, is they have 30 days to decide, so you could sit in jail for up to 30 days and while the determine if they will come for you and then not be extradited.
  12. The missed pay is liquidated damages. Punitive damages are routinely denied in contract cases. Your damages are limited to the missed paychecks. Whether finding another paying job before the 30 days runs out would have any effect on your recovery, would depend upon the law of the state where this happened.
  13. You would use the Ilinois statute of limitations which is 2 years. Even if you found federal grounds to bring the lawsuit, fed law would use the state statute of limitations.
  14. doucar


    The articles of incorporation merely create the entity, they do not give powers to the board of directors. State law gives them powers. I would suspect, although I have not researched it for your state, that among the powers granted by law is the power to organize the business, including by-laws. For more specific answers you will need to consult with a local business law attorney.
  15. The one strike and you are out law refers to the HUD regulation in various forms of public housing that if one occupant of the housing unit (including visitors) uses illegal drugs it is grounds for eviction and disqualification from future public housing.
  16. You didn't post what state this was in or if you are a member of a union with a cba with the employer. In most states in order to be a wrongful termination, the reason for the termination must be because of your religion, sex, race, national origin, age (if over 40), and in some states, sexual orientation. Termination for any other reason, such as being accused of theft, is lawful and not a wrongful terminaton, even if you did not steal and they have no proof.
  17. I don't think the lawyer's letter will be considered new evidence that was not available two years ago, unless the lawyer has been out of the country for the past two years and not available. The letter may be new, but the source of the letter is not. This is something that should have been dealt with 7 years ago. Either by withdrawing his plea when he found out the judge was not going to honor the agreement and going to trial or by a motion to rehear the sentencing. While the plea agreement is often referred to as a contract, it is not binding upon the judge since he/she was not a party to the plea agreement, until he or she agrees to it. I doubt that even an appeal would have worked 7 years ago, if the sentence given by the judge was within the statutory guidelines.
  18. It all depends upon how your us trustess office look at it, but where i have practiced, it is typical.
  19. While that may be true in theory, I have never actually seen it successfully done and never with a class action.
  20. It will depend upon whether your state classifies your claim as wages or not. As to priority, first come expenses of administration of the bankruptcy estate, then taxes, then wages, then everyone else. There are other prioritiew, but this covers your list. \r\nIf you are listed accurately as a creditor, you do not need to file a claim in a chapter 11. If not, you need to file a claim. You can use the standard claim form available online at the courts website,if you were not sent one.
  21. No. Courts are immune from lawsuit. what would be the basis of your class action. a class action requires hundreds if not thousands of participant who suffered the exact same damage.
  22. Texas is a very debtor friendly state. They cannot use a money judgment to garnish wages.
  23. I see two problems here. The first is that he has to personally appear at the 341 meeting of creditors. I doubt that they will let him out of prison for that. Second, unless he qualifies for some special program that I am not aware of, he has to pay for his own attorney, unless you choose to pay it for him. \r\nBest bet is to wait until he is out of prison and take care of it then.
  24. What you don't seem to understand is that when you filed bankruptcy, the loans went into default (assuming they weren't in default already). At that point it time, the entire balance became due. With or without the bankruptcy they could seek payment from the settlement. The fact that you are in bankruptcy saves them time and you money by letting the trustee collect it for them. By saving you money, I mean they don't get to charge you the costs of collection-writ fees, sheriffs fees etc.
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