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Everything posted by RetiredinVA

  1. Constructive eviction is a defense to paying rent after the party has been evicted. In order to plead constructive eviction you would have to leave the premises so it is not a means of preventing eviction. But, the statements you have just made are puzzling. You said the building in question has been condemned - "Placarded". If that is the case, why do you believe you should not be removed from the building?
  2. If the driver had already entered the intersection while the light was green, as the poster stated, then she is permitted to complete her turn even though the light turns red.
  3. When the complaint is filed, a summons to answer the complaint is issued by the clerk. There is no judge 's approval required to issue and serve the summons on the other party. The summons is served on the other party who then files an answer, if they be so advised. The case must remain on file for sixty days if there are no minor chidren and ninety days if there are minor children before the divorce can be entered. Perhaps your attorney is referring to the time the case must be on file before the judge approves the divorce and it is complete. No one here can help you. You need to discuss this with your attorney. He or she can file a motion to oreder your wife to not waste your assets. However, if you have hired the attorney to process a quicky no-fault divorce for $200, don't expect a lot of help. You may need to up the ante.
  4. If there is a will, it governs. The bank won't let you transfer until you qualify as executor. Then you need to pay her bills before you do any transferring.
  5. What did you sign at the emergency department?
  6. You did not identify the state so any suggestions are necessarily speculative. However, generally a holistical must be entirely in the handwriting of the decedent and signed by the decedent. What happened when you qualified to be the executor or administrator of the estate? You mother's power of attorney expired when she died and is no longer relevant.
  7. Since you seem determined to start a new thread every day about the same issue you are wasting everyone's time. People should not have to refer to prior postings in different threads to recall previous responses.
  8. Being a "test case" can be expensive and may cost the poster his or her job. If the company's workers compensation insurer requires all employees to submit to an EFA baseline test, it could be characterized as a business necessity. I suspect the company doing the EFA testing would not be in business long if it were that easy for employees to simply opt out. A less confrontational approach to HR about the issue may be a better start than a war.
  9. Please Google "North Carolina Beneficiary and Administrator Deed" for information about how you transfer title to real estate of a decedent in North Carolina. You can probably get a North Carolina attorney to help you for not much money.
  10. If the Board of Directors were to pass a resolution firing the treasurer and appointing a new treasurer, and the president were to provide a certified true copy of the resolution to the bank, I think it would be highly likely the bank would shut down access to the account by the old treasurer immediately.
  11. A president, secretary, or treasurer are officers of a corporation and are not necessarily members of the Board of Directors. It all depends on the by-laws. As we always say here, no one can give an intelligent answer who has not read the actual documents.
  12. If you and your husband have been separated for more than a year and there are no issues of property, spousal support, custody and visitation of the existing child, I suspect you can get a divorce very quickly. South Carolina requires the partners to discuss reconciliation with a master or referee. However, that can happen very quickly if the referee cooperates. I have not practiced in South Carolina but in Virginia I have been able to get a divorce for a client in 24 hours.* To do so you will certainly need the assistance of an attorney who knows the clerks, judges, referees, and sheriff so the preparation of the necessary documents by the lawyer and the clerk, service by the sheriff, referral to a commissioner, master or referee, hearing of the case, preparation of the report, and entry of the final decree can be expedited. Of course your husband will be required to cooperate fully. Expect to pay the attorney handsomely for stopping all other work and walking everything through for you. If the birth is not imminent you can proceed at a more leisurely pace. Good luck. _________________________________________________ *The gentleman was due to get married on Saturday and it occurred to him ,on Wednesday, that he had forgotten to get divorced from his first wife. His first wife was glad to see him go.
  13. Obviously refers to something that happened in the past. It refers only to the disclosure of assets that existed at the time of the statement. If I understand your prior posts, your claim is on some future income stream. That is not, an assets that existed at the time of the statement. I concur that you have posted the same question three or four times now. Stop opening new threads with the same issues.
  14. It might be considered a business necessity if it is a requirement of the comp carrier.
  15. When does your lease terminate? When your lease ends you are entitled to get your deposit back. When your lease terminates it is up to the landlord to obtain a deposit from the new tenant at that time.
  16. If I were you I wouldn't shop there.
  17. You would think that would be the case. But the claim can be overcome by a claim of condonation. That is, the husband knew the affair was going on and took no action. There is also recrimination - the husband was doing the same thing. In Virginia at least the Supreme Court has held that adultery after s, a significant period of separation is not a ground for a fault based divorce. More often than not the divorce court will, sometimes sua sponte, convert the adultery based divorce to a no fault divorce when the statutory perod has passed.
  18. In South Carolina, adultery can be a bar to spousal support. However, it is usually necessary to prove adultery occurred by actual evidence that sexual relationships occurred at specific times and places. Therefore, divorces on the basis of adultery are seldom successful.
  19. You reported the incident to the police. They arrested her. If the case goes to trial you will probably receive a subpoena ordering you to appear and testify. If you recant you can be arrested for filing a false report to the police. If you do not appear for the hearing you can be arrested for contempt of the subpoena, which is a court order. Neither the police nor the judges are happy about lovers using their powers because of angry outbreaks. Yes you should tell the girl's boyfriend about the photo.
  20. Yes, you can report it to the police. Then it is up to the police to decide how to proceed.
  21. What is an "electrodiagnostic baseline system" and why did the company decide such an exam was necessary? The only type of test that comes to mind is a lie detector test. How is the alleged examination a "financial based examination"? Is the company being paid for the employee's participation?
  22. Actionable discriminaion has to be based on a protected class or status, such as race, religion, sex, national origin, etc. A health care provider is allowed to decline specific treatment to a class of patients, such as new patients. Indeed, that is the new norm. You may be aware that NSAIDS, like ibuprofen, have been demonstrated to provide equal or greater pain relief compared to opioids.
  23. The basic concept is that a listing of real property for sale is a solicitation of offers. Because of the statute of frauds (google it) a contract for the sale or purchase of real property is only valid if it is witnessed by a writing containing the signature of the party charged with complying with the contract. (I know there are exceptions so please don't flame me) Sales of other types property are regulated by other, usually more lenient and permissive rules, like the Uniform Commercial Code. What it boils down to is that real estate is considered, and has been considered, a special form of property for the thousands of years of legal thought. I might point out that a legitimate offer at the listed price may result in the seller owing the real estate agent his or her commission if the offer is rejected.
  24. Sorry, I didn't notice the "born in 1969" part of the question.
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