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Everything posted by RetiredinVA

  1. The first thing you need to do is to notify your husband's insurance company of your claim. HIs policy may include medical payment coverage which is available without fault. His liability insurance may also cover all your injuries and lost wages, if any, plus compensation for your pain and suffering.
  2. You are probably aware of the AOL case. http://www.internetlibrary.com/cases/lib_case142.cfm
  3. Your first filing was a motion to quash the subpeona. Since that pleading has not been considered by the court I think you are being optimistic in believing it will be considered seriously. How could the opposition file and properly serve a response if you filed the pleading anonymously? Such a motion virtually mandates that it be filed by an attorney admited to practice in Virginia. Your response to the opposition should have been called a "Response to the Plaintiff's Opposition . . ." However, such a response may not be permitted by the local court's rules. Otherwise you get in a "Response to the res ponse to the response . . ." endless cycle. On motions day many judges are not inclined to be reading "responses to responses to . . ." Anyway, I cannot conceive how you can avoid identifying yourself if you intend to appear at the scheduled hearing. Appearance in a court in Virginia (including the Federal courts, by the way) can only be pro se or through an attorney admitted to practice in the Commonwealth (or pro haec accompanied by a duly admitted attorney "from the waist down"). How is the court to determine if you are John Doe who can address the court if you refuse to identify vourself? Also, you need to be cognizant of local rules in submitting documents (other than cases cited in your motion, brief, or response) prior to the hearing. Usually you will have to supply documents to the court and opposing attorney at least a week prior to the hearing. Copies of any cases (at least three copies) cited should be brought the hearing in case the judge doesn't favor visiting the library during the hearing (few do). If your case is in the Commonwealth or Federal Courts in the Eastern District of Virginia you should also be warned that you are in the land of the "Rocket Docket" If you are not very well prepared you may have your bleeding heart handed to you by the bailiff. GET A LAWYER.
  4. I suspect the OP is confusing drug testing before or during employment with drug testing in the criminal context. A criminal defendant can certainly contest the accuracy of a test and may have a right to have the evidence examined and tested by his own expert witness, at his own expense of course. But, I cannot imagine state owned or financed laboratories agreeing to make repetitive tests a right for a defendant. I would have to see a case or statute affirming that right. Essentially all state laboratories will claim they don't have the money, equipment, or personnel to do half what they are required to do, much less doing everything three times at the request of the defendants. I would mark this as an "urban criminal myth."
  5. The first questions that came to my mind, as a 50+ years shade tree mechanic, is "How far did you drive and how many minutes did you let the engine run after the oil light came on?" If you drove the vehicle any distance or allowed the engine to run for even a few minutes after the oil light came on you may have destroyed the engine. Perhaps that is why the dealer suggested you perform unnatural acts.
  6. You probably need to give the tenant proper written notice. It can be as quick as a three or five day notice-to-pay-or-quit. After that you are allowed to do much more in a commercial lease situation as opposed to a residential lease. You do not say where your property is located and laws vary depending on state law. However I have exercised several options and had them exercised on my clients. They have included exercising what is called a warrant or writ of distress, padlocking the building and simply filing a warrant for illegal detainer (eviction procedure). Under Virginia law, forinstance, in a commercial instance the landlord may have any property on the premises seized almost immediately to satisy the debt for rent. It is called distress. It really gets the tenant's attention when a deputy sheriff appears and begins tagging property and tells the tenant not to use or remove any property which can be sold at sheriff's auction to pay the rent. The property is essentially the sheriff's when it has been tagged. I have never had to go through the entire auction process because the tenant immediately finds the money to pay the rent. Although I once had distress served on a retailer who removed his property. He was arrested for stealing the property levied by the sheriff. A couple of my clients have had their property padlocked and/or security personnell posted to prevent entry. Of course the normal eviction procedure can and should also be immediately started. Essentially the rule in commercial tenant law is the law applied in other dealings between businesses. It is "Steel sharpens steel." There is little or no legal mercy between businesses. Get a lawyer and go after him or her.
  7. I misread the statement by the OP. There was a son mentioned but it was the son of the sibling, not the son of the deceased.
  8. The only writs I can think off being relevant in an eviction case would be: writ of possession instructing the sheriff to actually evict the tenant; writ in distress instructing the sheriff to take possession of property on the premises (usually only in commercial cases); and writ of fieri facies directing the sheriff to levy on property to satisy a judgment. If you are the renter none of these are very good for you. If it is a writ of possession the sheriff will probably notify the tenant that he or she will be returning on a specified day to have any property on the premises carried out and deposited on the curb. It's time to rent a u-haul and get out.
  9. Your verbal agreements and demands with your brother-in-law are not worth the paper they are not written on. The distribution of the estate will be governed strictly by state intestate (without a will) succession. Your brother-in-law will certainly be entitled to some percentage of your sister's real and personal property. Since she had a child of a previous marriage the percentage will depend on the state she lived in.
  10. I'm having some trouble with this one. How old was the car? What was the make and model? How much did you pay? Was the seller a reputable dealer or a curb-stoner? A curb stoner is a seller who doesn't have a lot or store but sells cars from shopping center lots or through newspaper adds. Since you are reporting an On-Board Diagnostic (OBD) trouble code I assume the transmission is an electronically controlled automatic transmission. My first thought is that there are very few mechanics who are capable of rebuilding an automatic transmission. You essentially need a factory to disassemble and reassemble an automatic transmission. So I believe you are up to your armpits in manure if the dealer says they are going to rebuild your transmission. I would be willing to bet the first time you brought the car back the mechanic just plugged in the ODB reader and erased the trouble code, hoping it would not pop up again for a while. It is difficult to tell you what to do in this matter. Certainly you could try to get the "dealer" to take the car back and sell it to another sucker. If he or she won't you could go to small claims court and claim the defect was concealed when you bought the car. Finally, you could stop paying the note and force the dealer to take action that you might be able to successfully defend.
  11. I would interpret "last month of occupancy" to mean the last month during which you physically occupied the property for an period of time. Since landlords prefer to rent units from the first of the month, a tenant who occupies the premises beyond the first may theoretically preclude renting the unit for the entire month. Obviously, tenants may take possession on any day of the month. But, landlords draw up the lease and will tilt the lease in their favor.
  12. Does your lease have anything in it about parking. It would seem if the particular parking spaces were available at extra charge there would be some mention of it in your lease.
  13. I have completed personal property inventories in less than one hour. I took a hand held tape recorder and a camera and walked from room to room reciting the assets and photographing them. The other alternative is to remove all the assets to a storage facility (or discard them). In order to find a person in contempt there must be an existing order that has been violated. It might be appropriate to ask the probate court for an order requiring the owner of the house to allow access to perform the inventory and remove the assets.
  14. North Carolina allows non-recourse first mortgages. However, the mortgage documents must specify that the loan is non-recourse. I suspect very few are.
  15. This post is almost incomprehensible, partially because there is no punctuation.
  16. Why would strangers be in a better position to evaluate your case than your lawyer?
  17. In your other post dealing with the water bill you stated that your step-father was the home-owner. Which was it?
  18. No, you also have to worry about a deficiency judgment equal to the difference between the amount remaining unpaid on the mortgage, plus foreclosure costs, and the selling price of the property at foreclosure.
  19. Filing a UCC-1 does not create a secured interest. It is a public notice of the existence of a secured interest. The terms and conditions grants a secured interest in the phone to the phone company during the term of service - unless the phone is bought directly, of course. Also, selling an item that is subject to a security interest is a crime - it is embezzlement.
  20. As a former surveyor one thing you mentioned puzzles me. You referred to a concrete corner marker. When a surveyor lays out a property or does a property line survey he or she would not usually place a concrete marker at a property corner - that would require too much time and work. Usually he or she would simply drive a piece of iron pipe at the corner. It takes only minutes. Later the pipe can be easily found with a metal detector, if the area is overgrown. On property line blueprints you will commonly see the notations ipf (iron pipe found), or ips (iron pipe set). If you have a copy of the 1992 survey blueprint take a look and see whether it refers to ipf or ips or designates a concrete corner marker.
  21. Have you had a surveyor check the property lines? I would not immediately assume the other property owner's survey is accurate. I would be particularly surprised if your property ine is off by 18 feet if there is a concrete marker where the 1993 survey found it.
  22. The state where the crash ocurred and the amount of damage to the other car are relevant. Whether the other driver or any passenger were injured are also critical. You must report this to your insurer also. Whether the other driver is satisfied with any settlement would also be very important. All we know now is that a crash occurred and you left the scene. Not enough to go on.
  23. You have left a lot of information out that may be important. Is the property residential, commercial, or industrial? If residential, is it standard-issue apartment, single family, etc.? Have you paid any money yet and, if so, how much and for what? Why would you rent a property seven months in advance of its use? It sounds very strange.
  24. You seriously need a divorce lawyer to resolve all these issues. You did not specify the state where you and your husband live. So we can't determine whether your state is a community property state. That would be extremely important in determining the status of the two houses. Yes, the house your mother gave you may be involved.
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