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Everything posted by RetiredinVA

  1. RetiredinVA

    Sub Rosa

  2. RetiredinVA

    Reopening divorce

    I did't practice in Texas but my limited research on your question indicates you had 30 days after the entry of the decree to ask for a review of the rulings. Since the case is final, there is no way for you to request a subpoena for anything. That power only exists during pending litigation. If the assets you have discovered you should consult a divorce attorney to determine if there is an avenue to reopen the case.
  3. RetiredinVA

    Simultaneous Death

    Life insurance doesn't go through probate unless the beneficiary is the insurer's estate. Who is designated as beneficiary of the policy?
  4. The non-evil family members should hire a lawyer.
  5. RetiredinVA

    Simultaneous Death

    Have you read the Nevada Simultaneous Death Act? See https://www.leg.state.nv.us/NRS/NRS-135.html
  6. RetiredinVA

    ticket for backing up on roadway

    Of course he can fight it. Why not?
  7. RetiredinVA

    Seizure Order and warrant before the actual date of crime

    Based on a story by famed science fiction writer Philip K. ****, "Minority Report" is an action-detective thriller set in Washington D.C. in 2054, where police utilize a psychic technology to arrest and convict murderers before they commit their crime Wikipedia
  8. The point of small claims court, or any court for that matter, is for the judge (or jury, in higher courts) to decide who owes who money and the amount owed. Contrary to many headlines, the judge does not "order the defendant to pay the plaintiff ____ dollars." The judge just says "I find the defendant owes the plaintiff ____ dollars." Then the plaintiff has to find assets belonging to the defendant that can be seized to pay the amount owed. This is often the most time consuming part of any legal matter. It is called "execution on a judgment" and I suggest you google that and add your state to zeroin on the process. In many cases the assets owned by the defendant are exempt from seizure or the process to seize and sell them is so laborious it is not worth it.
  9. RetiredinVA

    Bogus eviction

    What do you mean by filing an appeal? Did the original eviction result in a court order?
  10. RetiredinVA

    Can I sue the dr

    Maybe. Medical malpractice cases are notoriously difficult to evaluate based on the narrative by the patient. You should consult a medical malpractice attorney who can have an expert review the records to determine whether you received the proper care in your circumstances. Medical malpractice cases can essentially never be properly litigated without experienced counsel.
  11. RetiredinVA

    Civil Case against a Russian Business.

    Yes if the matter involves something that happened in the US. But collecting may be impossible.
  12. RetiredinVA

    deposition destroyed after judgment entry

    The court reporter should be able to supply you with a copy of the deposition. Normally depositions are not filed with the court.
  13. RetiredinVA

    Flat rate employment rules

    That's awful. You should find another job.
  14. 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.
  15. The husband of the OP (why is it always the spouse or friend of the party in interest) delivered the pump and received payment. It was determinied to be defective. That means the husband then had a right to repair or replace the pump under implied warranty, The customer did not have the right ot recind the contract until and unless the husband was unabled to cure the defect. The pump belongs to the customer and the husband retains the money.
  16. RetiredinVA

    Advice for story

    The adoption will require notice to both the father and the mother. The court would also have to terminate the parental rights of both parents. It is exceptionally hard for a person who is not actually related to the child, such as a step-parent, to adopt a child without the consent of both parents.
  17. RetiredinVA

    Which attorney should file the qdro?

    The attorney for the beneficiary of the order should make sure the plan administrator receives the order.
  18. RetiredinVA

    Medicaid Law and Real Estate

    Medicaid is a state specific program. Only an Oklahoma attorney should opine on your questions. I don't believe any Oklahoma attorneys participate here. You should consult a local attorney before making a purchase of a home you believe may be encumbered by a medicaid lien. BTW, title insurance is not sold by the year, it is perpetual.
  19. RetiredinVA

    Is this infringement?

    Not without permission of the copyright owner.
  20. RetiredinVA

    RAISING judgments vs. heirs in title report -

    PVB's are?
  21. RetiredinVA

    Removal of court appointed Amicus

    The members of this message board do not provide legal services. You need to consult a local attorney. Trying to domit yourself may be why you lost custody in the first place.
  22. RetiredinVA

    Contract lacking signature

    We would have to see the relevant documents. It is possible the counter included the terms of the original proposed contract by reference. For instance, if your counter offer said simply that your offered price was different from the original offer.
  23. RetiredinVA

    Hours Scheduled

    The employer is required to pay you for the number of hours you work, unless you are a member of a union or bargaining group with contrary collective bargaining agreement.