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Everything posted by RetiredinVA

  1. Without digressing, may I suggest that if your friend knows the date of the "first hearing" and possible drug test, she should stop inhaling about two weeks in advance. If she is unable to stop using MJ for two weeks maybe she needs treatment.
  2. Code of Virginia ยง 8.01-249. When cause of action shall be deemed to accrue in certain personal actions. The cause of action in the actions herein listed shall be deemed to accrue as follows: * * * 8. In actions on an open account, from the later of the last payment or last charge for goods or services rendered on the account. (Code 1950, ยงยง 8-13, 8-14; 1964, c. 219; 1966, c. 118; 1977, c. 617; 1985, c. 459; 1986, c. 601; 1991, c. 674; 1992, c. 817; 1993, c. 523; 1995, c. 268; 1997, cc. 565, 801; 2005, c. 213; 2013, c. 292.)
  3. You have not mentioned the parents. Consent of both parents or termination of parental rights is essential to adoption. For what it's worth, about 90% of teenaged girls think they would be happier living with their girlfriend's parents rather than the meanest mother or father or aunt in the world.
  4. It is impossible to know all of what is in the judge's mind but two things come to mind immediately. First, you originally declared you were the father. The home dna test tended to corroborate your original declaration.So, the judge has your original admission which is supported by the dna test. It was your responsibility to disprove the original admission and you failed to do so. Second, even though you have understanding of the theory of three-party dna testing you are not a qualified expert to offer an expert opinion about the results of the testing before the court. So, you lose!
  5. I can't believe it will take five days to try a case involving keying a car. One day would probably be more than sufficient. Who told you this case would require five days to try?
  6. The topic implies you filed bankruptcy prior to the repossesion but you didn't mention it in your statement of facts. Care to explain? Regarding your final question, you need to file an answer to the allegations in the paper you received - which I assume is labeled "Complaint." However, that does not mean you won't lose eventually.
  7. You say he is your ex. Does that mean he is your ex-husband or ex-boyfriend? Anyway, you need to apply for a protective order. Make sure you take a copy of the lease to prove the apartment is yours and he should be prohibited from going there. That will give the police what they need to arrest him if he returns.
  8. You can't drop the charges. Only the prosecutor can drop the charges. You can be subpeonaed and required to testify against her at trial. It is entirely out of your hands at this point.
  9. I am glad to see that California does not start the clock again on limitations of actions. I responded precipitately when I read the OP was retaining a firm to settle or pay the claims. In Virginia any payment starts the limitation of actions over when a payment is made. It is a form of punishment for the moral people who try to do the right thing.
  10. Do not allow anyone to make any payment on these debts. That will restart the clock on the statute of limitations.
  11. The questions you appear to be posing are subjects of much more extensive study and legal advice than you can expect from an online legal discussion website. Your only logical avenue is to retain an experienced real estate/securities attorney and have him/her review what you are hoping to do and present you with alternatives. If you just want to know the differences between the various organization models you might want to just google them. But if you want to make an informed choice between them for your specific plans that is not going to happen here.
  12. If the debts you are referring to occurred after the date of filing of your bankruptcy petition they cannot be added to your bankruptcy. What you were probably told was that prepetition debts that were subsequently discovered can be added to the petition by reopening the bankruptcy. It is understandable that you would be angry because so much interest accrued. What is difficult to understand is how you had five debts of which you were totally unaware shortly after your bankruptcy. Perhaps you can explain so we can comment further on the situation.
  13. Please go to http://www.fairfaxbar.org/?115 and check out the model discovery documents there. They include interrogatories and requests for production in Word format that you can modify and send to your husband's lawyer. If you attorney has already submitted interrogatories and requests for production then you need to file a request for your husband to supplement his prior responses. Obviously, if your case is not in Fairfax County you will need to modify the caption. BTW, do not submit copies of the interrogatories or documents to the clerk unless it is in connection with a motion to compel. Good luck.
  14. You need to know the phone number of your liability insurer.
  15. Your statement doesn't make any sense. A property cannot be a non-profit. Could you explain what it is you intend to do and for what kind of a non-profit?
  16. You said this case is in Virginia. The General District Courts in Virginia are courts of limited civil jurisdiction. They generally only have civil jurisdiction of matters of law (claims for money). A Warrant in Debt is simply a claim for monetary damages. I cannot see any such court giving a grand solution to the question you pose. Even if the GD court judge were to make a finding as to the existence and applicability of the HOA's rights and powers, either party who is dissatisfied can simply file a notice of appeal and proceed to the Circuit Court which is a court of record with general civil jurisdiction. That is where this case should be headed in the first place. I have a feeling the attorney who you allege will file Warrants in Debt doesn't really know much about civil proceedings in Virginia. I think you should leave this up to the title company's attorney and stop worrying about it until he or she tells you it's time to worry.
  17. She needs to get a divorce ASAP. That is not going to happen without an experienced attorney. And, it is probably going to cost more than a simple uncontested divorce. The attorney is going to have to put other client's work aside and should be paid for it. As far as serving a party in jail, that's probably the easiest place to serve papers. The defendant can't avoid the server, who may be the sheriff in the county. (Unless the jurisdiction is one of those that ships its inmates off to commercial incarceration companies a half continent away -- like Washington DC.) However, be warned that a quicky divorce is going to require the cooperation of the husband. You really need an attorney if divorce is urgent. WAR STORY. The client came to my office Tuesday morning needing a divorce ASAP. He was getting married on Saturday and had forgotten that he was already married but separated for several years. His fiance was a little miffed. Fortunately his wife was also miffed and glad to get rid of him. The wife was willing to accompany the client and me to the Courthouse so I could file the complaint, take the subpoena in chancery to the sheriff's office for service, take the return of service back to the clerk, have the wife file an answer and waiver of further notice, file a motion to appoint a commissioner in chancery to hear the case, get the clerk to take the motion and order to chambers for entry, do the hearing in one of the courtrooms, get the commissioners hearing transcript and the commissioner's report typed and hand carried to chambers, and get the divorce decree entered. All within 24 hours. The fee was three times the normal fee. However,as I said above, this was based on experience and knowing the clerks, judge, deputies, and commissioner from years of practice. It is doubtful any pro se complainant could do this.
  18. Or, you could wait until you die and he will inherit all of your property. It is seldom smart to remain separated and not get divorced.
  19. No one can answer your questions without actual experience in the jurisdiction in which you were charged. You asked if a charge of DUI can be reduced. The answer can only be "If the judges and prosecutors in your jurisdiction will allow it in this particular case." In some places a charge of DUI can be reduced to "wet reckless", which is reckless driving associated with alcohol or drug use. Since penalties for DUI are usually much worse than for reckless driving it can be beneficial to reduce the charge to reckless driving. But not every judge and/or prosecutior will agree to the reduction in charge. Whether it can be reduced also depends on the specific facts of the incident and on your prior record. An experienced attorney in the particular jurisdiction can assess the likelihood of getting such a reduction. We, obviously, cannot. You are asking a lot of people who don't know any more about the circumstances of your arrest than your one-sided and very short versioh of the facts to give you definitive advice.
  20. We don't know exactly what the trust document says. It might be possible for the trustees to simply reconvey the property to the original owner. BTW, the St. John's law review article you referred to was published in 1962 and is of questionable validity 53 years later. The law evolves.
  21. A lot more information is needed to comment on this case. To start, I don't believe it was stated that the injury occurred in a hospital. On the contrary, every hospital room I have ever been in (and I have been in a lot because of family illnesses) has the sharps container mounted on the wall. It is extraordinary to find a sharps container sitting on a nurse's desk. I question why the container was where it was. This could have happened anywhere, including a school nurse's station where immunization was in progress. Also, Fallen when I strted practicing law in about 1980, it was a given that the insurance company would automatically assume the pain and suffering amounted to three times the medicals. One of the reasons I retired, to be brutually honest, was that insurance companies are now requiring personal injury cases to go to the brink of trial and are offering little or no compensation for P&S. One of the judges in one of the courts where i tried cases actually said "____ County jurors are developing a high tolerance for the pain of plaintiffs." I don't actually see this as a med mal case. But you should also be aware that expert witnesses willing to testify against their colleagues will charge outrageous fees for doing so. On the contrary, the allegedly negligent doctor can produce his friends to testify as experts on his behalf for little or no compensation. Take my word for it, I've been there. I am also concerned about the OP's comment that she has been contacted by an attorney. It is not clear which side the attorney is representing or hoping to represent. How did the attorney find out about the case?
  22. I assume you have already been divorced since you refer to the other party as your "ex." It would have been best to have dealt with this in the divorce process. Your only alternative now would be a partition suit. The court can order the property sold and you could be, probably, the only bidder. You would have to take the property subject to the existing mortgage or a refinance of the mortgage, of course. The main problem would be service of process. You have not designated your state so I cannot comment on the possible ways of achieving proper service but publication is a possibility.
  23. Isn't that what he said? Specifically, he said, "On advice from a lawyer in Fl, when I did a short sale their. my NY home was put into a land trust. The trustees and beneficiaries are my 2 sons." Of course he was trying to avoid having to pay a deficiency on the FL property or from even being considered for a short sale by (fraudulently?) conveying his NY home to a trust, of which he is not trustee. Now it's coming back to bite him on the rear. Sad.
  24. Your question is internally inconsistent. YOu said that during the short sale the property was placed in a land trust with your sons as trustees and beneficiaries. Then you said YOU tried to sell the property. Clearly, if your sons are trustees only they can sell the home. If they sell it, the proceeds will go to your sons as beneficiaries. The proceeds going to the son with the outstanding judgment will be subject to the judgment. The deed will be a trustee's deed.
  25. It is easy to say "file for divorce" as the answer to this sort of situation. But before you file for divorce you have to have grounds. Some jurisdictions may have lenient standards for filing, but in others you may have to be separated for a set period of time (six months to a year is common, often longer where children are involved). Or you may have to establish desertation, adultery, incarceration, or other grounds. Unfortunately the aggrieved party may have to actually move out of the marital home to establish grounds. Have you tried counselling, intervention or other avenues to attack the alcohol problem that is leading to the divorce?
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