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Everything posted by RetiredinVA

  1. Be aware that Louisiana law is based on the Napoleonic Code and not British law. It is dangerous to assume that Louisiana law is anything like the laws in other states. You need to rely on a Louisiana lawyer for advice.
  2. Fooled me once shame on you; fool me twice shame on me. Your ex is simply complying with the court's order. You are seeking to violating the order. SNAP.
  3. I can see how it is possible for your name to appear on the ticket -- you said both names are on the registration. But how did your driver's license number get on the ticket? You don't suppose your son handed over your license to the officer, do you? Do you two look alike? Does your son have prior vehicular offenses that might encourage him to accidently hand over the wrong license?
  4. I agree with LegalWriter again. If there were attorney's involved (it appears there are not) a lot of this would be resolved by requests for admission and other discovery (Including duces tecum). I suspect this involves the kind of divorce where the parties can stand forehead to forehead for a week and never see eye to eye. Sad.
  5. I still don't understand the issue you presented. You were asking how to get reimbursed for expenses you paid for the estate. Your most recent post indicates that you are having a problem getting an accounting approved by the Commissioner of Accounts. I can't see how the two are related. As co-executor of the estate you get reimbursed for your expenses by writing a check out of the estate account. At the end of each year (it appears there were several) you and your co-executor file an annual accounting listing the check as funds advanced and listing the reason for the advance. Your co-executor is refusing to sign the accounting but you have your money after you write the check. You don't have to sue yourself to get it. What's the problem? If your co-executor continues to refuse to sign the accounting the Commissioner of Accounts goes to the Circuit Court with a motion to show cause why the executors should not be held in contempt of the Court for not properly filing the accounting(s). You appear at the hearing and demonstrate to the Court that you are complying and the Court finds your co-executor in contempt. She can be fined or imprisoned for the contempt. Anyway, it appears the matter will finally be resolved by the appointment of a substitute fiduciary. Matbe you can get him or her to write you a check. If anything this matter demonstrates why there should never be more than one co-executor nominated in a will.
  6. I agree with LegalWriter. But I would add this: A document is either an exhibit or it isn't an exhibit. You can't bring in a box of bank statements, canceled checks, receipts, etc. and invite the judge to look at them if he or she wants to. If the judge looks at a document then it becomes part of the record. Copies must be shared with the other side and, if there is an appeal, if must include copies of the exhibits. However, if I were the judge here is what I would do. I would appoint a commissioner or hearing examiner to review your evidence and prepare a report summarizing your evidence. I would set a date for consideration of the hearing examiner's report and any objections thereto. I would also require that you pay the hearing examiner an hourly fee commensurate with attorney's fees in your jurisdiction. I would require the production of a transcript of proceedings before the hearing examiner to preserve the evidence presented, to be paid by you. In no circumstance would I, the Judge, sit through consideration of eleven years of documents. If your attorney and the opposing counsel can agree on a summary of the evidence, I would consider that. An alternative might be for you to hire an accountant to summarize the evidence you think is relevant and to have the accountant present evidence as an expert witness.
  7. You must file in the state and district where you lived for the previous 180 days or where your assets were present for the previous 180 days
  8. You will be wasting your time and the courts. You are charged with failing to yield. The citation of the statute/ordinance is basically irrelevant. In a sense, it is more informational than anything. The officer or prosecutor wil be allowed to look up the proper statute or ordinance at their liesure. The judge may even do it for them. The legal test is not a test of the officer's ability to memorize the code, it is whether you failed to yield the right of way.
  9. No. The Statute of Frauds requires any such agreement to be in writing signed by the Mother. I also suggest the Mother consider doing a Will so this child does not inherit her house when she dies.
  10. The question doesn't make sense. A judge has made a ruling that the child must stay with the parents. The ruling necessarily implies that the child is not in danger from the parents. For the police to take the child into "protective custody" suggests that the police have, for whatever reason, decided that judge was wrong. Also, protective custody is a concept associated with taking a witness into custody when there is a fear he or she is in danger. It doesn't apply to removing a child from their home unless they witnessed a crime. Child Protective Services would be the governmental agency that would normally be involved with removing a child fro their home, not the police. What exactly motivated this question? Could you give us some factual background for your question?
  11. The officers do not have to have the warrant in their possession. It is not uncommon for a judge to issue a warrant at his home based on a phone call. Your public defender has already told you it doesn't matter. Believe him or her.
  12. You did not mention the state, which is critical. However, in most states the only factors considered in determining child support obligation is the relative income of the parents. The state determines the total amount of support required for the child based on the combined gross income of the parents. Each parent is then determined to be responsible for the state determined amount in proportion to their income. The other factors are generally not allowed to be considered. Extraordinary medical or educational factors may enter into the calculation. There is generally a table or spreadsheet available for child support calculation. The whole idea is to simplify the child support calculation. Alimony, spousal support and property distribution is state and court specific and impossible to discuss on an internet board like this.
  13. It appears no one in the area is interested in the property despite the absurdly low price. Right? I suspect the number one gotcha is going to be that the house is in such bad condition that you are going to incur additional costs to have it torn down. Or, maybe the property is on a flood plane and is uninhabitable. Have you seen the house. Will you have an opportunity to have a professional home inspection. One thing is for sure: There is something very wrong with the house. The last thing I would worry about is whether the realtor can present a purchase offer.
  14. I am sure you can stand in front of a judge and try to do it yourself. Many judges have a good sense of humor. To make this real simple although it is not, a corporation is a legal device that allows the creation of a fictional being for the purpose of accumulating capital and conducting a business. This fictional being accumulates capital by selling shares of itself, by borrowing, and by conducting the business. The people who own the shares own the business in proportion to the number of shares they own divided by the total number of outstanding shares. The folks who own the shares do not necessarily work for the corporation. You may own shares in national corporations in your stock portfolio or retirement accounts. But, you don't have to work for Apple or GE or any other corporation because you own shares in their business. But, if the corporation is successful you own a part of the profit and a part of the business's capital. It may not be distributed to you, in the form of dividends, but you do own it. In fact, a shareholder cannot demand a refund of the price he paid for the shares, his share of the profits, or his share of the capital of the business. All he can do is sell his shares to someone else. Got all that? In your case, the shareholder to whom you "gave" 50% of the corporation's shares was not required to do anything for the corporation. She is also entitled to one half of the profits of the corporation and one half of the capital of the corporation. Now the good news: as an active employee of the corporation you are entitled to be reimbursed by a reasonable salary. That salary, in most small (and incompetently formed and run) corporations eliminates any profit. Since neither of you probably paid any money for your shares there is probably no capital to be distributed. You may have bought some furniture in the corporation's name but you may be entitled to reimbursement if you paid for it personally. The bottom line is that your co-shareholder is probably entitled to one half of nothing. I suggest you consider having a competent attorney counsel you about business organization and create a new organization (professional association, corporation, parthership, limited liability company, etc.) to conduct your business. Let the old corporation die a natural death. This time don't try to do it yourself again. P.S. Forgive the long winded response about corporations. Maybe it will avoid other questions in the future.
  15. As you said in your initial inquiry, the realtor kept the heat on so the house could be shown during the winter. That would suggest the realtor only agreed to turn the heat on when there was reasonable opportunity to show the house. No one could reasonable believe the realtor was agreeing to keep the heat on for months at a time. Second, the fact that the house has been listed for sale for about two years suggests there is little probability that house would be suddenly in demand. To keep the heat on in a vacant house that no one seemed to be interested in buying might be considered negligent toward the owner. If you received a heating bill for thousands of dollars I bet your atttitude would change. It would be more reasonable to winterproof the house than to keep the heat on for months. Turn off the water and put antifreeze in the toilets. Finally, I wonder how often the realtor has suggested to you that the asking price of the house is unreasonably high. A realtor who can't sell a house for two years is not very likely to invest a lot of time in "checking on" the house, except to drive by occasionally to see if there is visible damage to the house.
  16. Once an attorney files a notice of appearance in a court matter or files any pleading he or she must have the permission of the court to withdraw. However, in this case it may be early enough for the attorney to file for and obtain permission to withdraw. In such cases the attorney will advise the Court that "Mr. Green has not yet appeared." It doesn't always work. However,, if the attorney is required to continue to represent you, you should realize you now have a representative who doesn't like you. If your attoerney is permitted to withdraw it is also possible the court will continue the case for a short period of time (depending on how heavy the docet in the particular court is) to allow you to retain alternative counsel or to prepare to appear pro se. BTW, you didn't answer the question posed by explorer13. Did you have a written retainer agreement? What did it say about payments?
  17. An S corporation (designated as such only for tax purposes) does not have members. It has shareholders. It also has officers, directors and employees. There is no reason the corporation's board of directors and/or officers cannot designate a "non-member signatory" to bind the corporation to contracts. Corporations do that all the time.
  18. Yes. Going to trial only requires probable cause that a crime was committed and that you probably were involved. Winning at trial requires evidence beyond a reasonable doubt. Since you have apparently only cleared the stage of a probable cause hearing there was probably not much that a PD could do. She/he might try to supress your statement before trial but it would not serve much purpose before a probable cause hearing. Also, I note you have added a charge of posession in your later explanation. I guess the police have more than a pipe. No?
  19. It depends. If the term of your original plea bargain provided that the battery charge would be nolle prossed (some times called "no papered") then the original charge can be brought up again. Nolle Prossing a case just means the prosecution agreed not to prosecute the case at that time. If the deal was that the original charge would be reduced or amended to disorderly conduct, you have an argument for doudle jeopardy. Plea bargains never, in my experience, result in the original charge being dismissed with prejudice. Since you were given a chance to walk the first time around, you should not expect much sympathy from the prosecutor this time.
  20. The "Terms of Agreement" paragraph doesn't provide that the contract is extended for additional terms of one year. The fact that the contract can be terminated at any time with thirty days notice indicates that is is extended for indefinite length. Furthermore, there is no requirement in what you have posted that would require the company to terminate you only for cause. I would agree with the counsel you consulted with. You are entiteld to a maximum of 30 days pay.
  21. Did you consider that the repeated misfires may be due to defective ammunition? Where did you get the ammunition? It wasn't home loads or surplus ammo by any chance?
  22. It is not clear what you mean when you say "she got sidelined" when the existence of the two doctor's letters was discovered. You said she had hired an attorney. Certainly the attorney would have considered having her seen by another doctor. Did that happen? If not, why not? Is it possible that the new attorney concluded that she remains incompetent based on his discussion with her? You said she doesn't know what year it is. Does she recognize her family and friends? Does she know the extent of her estate? Those factors are important in determining competence to manage her financial affairs. Although you express concern about her dignity, how is this related to her having stricken you from the family trust in 1999, which you mention in another post?
  23. An officer determines whether a person is speeding by pacing or following the vehicle for some significant distance. It is impossible for an officer to determine speed instantaneously without following the vehicle. The officer will prove the allegation through his testimony. No video or other such evidence will exist. The officer will also normally testify that the speedometer of his vehicle was tested or calibrated prior to the arrest. Once the officer activated his emergency equipment the driver was required to stop. If the driver speeds up or continues to speed, he can be charged with "speed to elude." Because trying to catch a person who is speeding causes serious danger to the public it may be charged as a felony. Once you see the blinking blue light you stop PERIOD
  24. Probably not. You have a duty to mitigate damages. That means you must make a good faith effort to find other employment. As I said above, your damage is the difference between what you would have collected from the contract minus what you could have reasonably received from alternate employment.
  25. Without going into the details, the company can terminate your contract with or without cause. However, you may be entitled to damages for the breach of contract. Your damages would be your profit from the contract. The measurement of damages would be the difference between what you would have received if the contract had not been breached minus what you could earn in alternate employment minus expenses avoided.
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