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RetiredinVA

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Everything posted by RetiredinVA

  1. How about you try this? State Pennsylvania I bought a (year, make and model) from a used car dealer on xx/xx/xXxX. The vehicle was sold to me "AS IS". I discovered the vehicle had the following undisclosed defects: 1. Xxxxxx which appeared on xx/xx/xxxx 2. Xx'xxxxx which appeared on xx/xx/xxxx Do I have any recourse against the dealer?
  2. Based on the title of your post, I assume you did not get your phone back with or without the cracked screen. Contact her commanding officer. Aside from that, I cannot imagine any practical way of recovering your phone.
  3. Did your attorney petition the court for an award of expenses and attorney's fees? That would be the usual response to a frivolous lawsuit under South Dakota law. See, SDLC 15-17-51. Liability of party for frivolous or malicious action.
  4. According to your posts, the bail bondsman stated if you did not want to sign the agreement, your friend could return to jail and the deal would be rescinded. You would get your bond money back and everything would be back where it was before you contacted the bondsman. How do you see that as representing a threat or violence? You entered into the deal because you wanted a benefit - the release of your friend. There was a price to pay for the benefit and you apparently decided the price was too high. That's not duress or coercion, it's business.
  5. No, you got screwed because you entered into a contract without reading it.
  6. What was your monetary loss as a. result of the allegedly false accusations, aside from your attorney fees?
  7. You were fortunate you appeared before a judge who essentially imposed a settlement on the landlord. Your former roommate is even more fortunate that he or she escaped having an eviction on his or her credit record. Your experience may not carry over to other cases where the judge is more "by the book".
  8. Your question doesn't make sense. Can you ask it again but proof read it before posting.
  9. If your boyfriend were to be pulled over for a serious traffic offense, such as DWI or reckless driving, he would be tried as an adult in Mississippi, for instance. Juvenile court has jurisdiction over offenses alleged to have been committed prior to a child’s 18th birthday; after age 18, the youth is charged in adult court. Miss. Code Ann. § 43-21-151(2); The age of majority mostly deals with the termination of child support.
  10. Enough hypothetical. If the charge is serious he may be required to appear with his parents.
  11. He needs a lawyer. At his appearance he may be assigned a public defender if he can't afford a lawyer. He was sitting on top of 15 grams (1/2 ounce) of either meth or heroin. Either quantity would support a charge of.possession with intent to distribute.
  12. You just send them to him. You should not even think of doing a medical malpractice suit pro se. Do you have an expert witness who is willing to testify that you were subjected to treatment that was below the standard of care? If not, your case will be dismissed
  13. However, the ticket may require a minor to appear in juvenile court.
  14. Since you do not have a lease, you would be considered a month to month tenant and the landlord can evict you by simply giving you 30 notice of termination of your monthly tenancy. You need to move. You cannot file a response for your former roommate or speak on his behalf unless you are his attorney. Generally, only attorneys can represent parties in court except in some cases where an employee can represent a company.
  15. Why do you need cae law? Have you applied for the variance? Minor matters like zoning or construction variances of the type you are referring to are highly unlikely to ever reach an appellate court, where the bulk of case law is found. If you were to try to find case law on zoning issues you would quickly find it varies from state to state and county to county, neither of which were identified in you posting.
  16. Sure, take him to small claims. Be sure to bring all the important documents with you, like the rental agreement, the letter committing to turn over the place on a specific date, the receipt for the $1,400, and the pictures of the horrible mess.
  17. To be honest, it doesn't matter what anyone on this message board believes is going to happen when your case comes up before a judge we know nothing about. My guess is that you will not lose your house and that guess is worth exactly as much as you paid for it.
  18. In my experience, in personal injury cases the insurer asks for all medical records, then.the defendants attorney asks for the same.records, then the defense attorney subpoenas the records directly from the health care provider. It's all part of CYA and annoying the plaintiff's attorney.
  19. You did not identify the state. Why would you think it would be illegal for a school board to approve a benefit for teachers such as free parking. It would be perfectly legal to forbid students from parking anywhere on the school grounds. ?
  20. It depends on the state and city or county, which you have not identified. But, I doubt the rules and regulations contain any special rules about the presence of children and dogs. You would be best advised to consult a local lawyer about the local fence ordinance.
  21. and the basis for your statement is? The duty is to warn of foreseeable risks. "The extent of the defendant’s duty is circumscribed by the scope of the anticipated risks to which the defendant exposes others. In order to prevail in a lawsuit, the plaintiff must demonstrate that he is within the zone of risks that are reasonably foreseeable by the defendant.” Concord Florida, Inc. v. Lewin, 341 So.2d 242 (Fla. 3rd DCA 1976)". Is it foreseeable that a drunken patron will climb over the rope into a roped-off area and dive into the pool? The area was roped off. Florida is a comparative negligence state. That should severely limit any recovery he may be awarded.
  22. Real property in every state is real estate, that is, land and permanent improvements to the land.
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