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MiddlePart

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MiddlePart last won the day on February 14

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  1. You didn't say in your post which state this occurred in, but the google maps link seems to indicate New Jersey. Here is a link to the NJ Drivers Manual.https://www.state.nj.us/mvc/pdf/license/drivermanual.pdf Passing is addressed on pages 64-65. You could also look at the underlying statutes -- 39:4-82 through 39:4-87 -- that regulate passing. Available here https://lis.njleg.state.nj.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=Publish%3A10.1048%2FEnu These all may be helpful to you in predicting how a court would determine which driver was at fault in the scenario you describe.
  2. I can't speak to the requirements of the Texas law, but there are regulations under HIPAA that establish a right to amend health records. 45 CFR 164.526. https://www.law.cornell.edu/cfr/text/45/164.526 The regulations include a procedure for requesting a change, the time periods for a health care provider to respond to a request, what health care providers are supposed to do if they agree with the request, the bases upon which a health care provider can deny a request for a change, and the procedural requirements for a denial. If the person requesting amendment is unhappy about the denial, the regulation provides 2 basic avenues to address that concern. 1) The health care provider is supposed to have a complaint process that can be invoked, or 2) a complaint can be submitted to the Department of Health and Human Services.
  3. In general, with mechanics liens: there are typically some procedural requirements for enforcing the lien with which the auto repair shop would have to comply, but, subject to those, the lien will allow them to sell your car and keep the proceeds of the sale up to the $1600 that you owe, plus, perhaps, some or all of the costs of going through the lien enforcement/sale process. If the sale nets less than $1600 (plus costs), they can then come after you for the remaining balance. even if you're legitimately unhappy about what the auto repair shop did or didn't do on this job, I wouldn't think it would be worth giving up the car entirely for.
  4. https://www.courts.mo.gov/page.jsp?id=43918 https://law.umkc.edu/academics/clinical-programs/child-and-family-services-clinic/ http://missourilawyershelp.org/find-lawyer/discounted-pro-bono-services/ Possibly one of the resources on these web pages may be helpful to you.
  5. In general, a month-to-month lease can be non-renewed either by the landlord or by the tenant and for any reason or no reason (although the landlord cannot do so for discriminatory reasons) and usually on relatively short notice. A 30-day notice on a month-to-month lease is not unusual. But first check the written terms of your lease. It might specify a minimum notice period for non-renewal. You should confirm whether the 30-day notice you received complies with the lease requirements. This resource may be useful to you also. https://www.dca.ga.gov/node/1915/documents/11 Apparently there are some circumstances in which the landlord must give a 60-day notice to terminate, but it is not clear to me whether that applies to your situation. You can always ask for an extension, but the landlord isn't obligated to agree it. And if you stay in the premises after the lease terminates, you can then be subject to eviction proceedings.
  6. Missouri appears to be one of the states in which consent from both parties to a telephone conversation is not required. Only the consent of one party to the call is required.
  7. Before 2018, Florida law allowed judges to issue marriage licenses to people under the age of 18 if the female was pregnant or if the couple had already had a child. The wording of the old law seems to indicate that parent consent may not have been a strict requirement in those circumstances. But in 2018 the Florida legislature amended the statute as I described above, and the amendments completely eliminate the ability of anyone under age 17 to get married in Florida under any circumstance, and only allows 17 year olds to get married in Florida in limited circumstances. There is no longer a provision for judges to issue marriage licenses to people under 17.
  8. It appears that, as of 2018, you can't get married in Florida at age 14 regardless of parental consent or pregnancy. https://www.fox4now.com/news/state/new-florida-law-outlaws-marriage-under-age-seventeen Florida Statutes: 741.04 Issuance of marriage license.— (1) A county court judge or clerk of the circuit court may not issue a license to marry to any person younger than 18 years of age, unless: (a) The person is at least 17 years of age and provides the written consent of his or her parents or legal guardian, which is acknowledged by an officer authorized by law to take acknowledgments and administer oaths; and (b) The older party to the marriage is not more than 2 years older than the younger party to the marriage.
  9. The OP's reference to 1915(d) may come from cases interpreting/applying an older version of 28 USC 1915 (pre-1996) where at least part of the language now found in (e)(2) was then found in 1915(d). Before doing a little reading, I would have fully agreed with TaxCounsel's response. After doing a little reading, I'm not sure I do. Some courts do interpret and apply 1915(e)(2) as requiring screening of in forma pauperis complaints. There's no argument that the courts MUST screen when the in forma pauperis complaint is filed by a prisoner (ref 28 USC 1915A), but at least some courts do extend that further to non-prisoner cases. The court of Federal Claims appears to be one of the courts that, relying on 1915(e)(2), does screen in forma pauperis complaints even if filed by non-prisoners. I base that on some unpublished decisions that I saw courtesy of Google search. I do, however, agree with TaxCounsel on this point.
  10. In texas, the statute of limitations on insurance fraud is 5 years. But there are some circumstances that, if applicable, could extend the period. Try contacting the Texas police, give them the information you have, and let them decide whether it is worth pursuing.
  11. You may want to consult with a lawyer that handles bankruptcy cases, as this situation can be a little complicated. 'Rejection' of a contract, in the context of a bankruptcy, refers to a bankruptcy debtor's ability to terminate an ongoing contract to which the debtor is a party merely by making an appropriate filing in the bankruptcy case. The idea is that it gets the debtor out from under the obligations of a contract that the debtor believes is too expensive or otherwise burdensome to continue to perform, which is part of the bankruptcy law's goal of giving the debtor a "fresh start." There are some special rules in the bankruptcy code around what happens when a landlord is the debtor and decides to reject a lease. Bankruptcy Code Section 365(h). In that circumstance, a tenant has 2 basic choices - (1) treat the lease as terminated, vacate the property, and assert a rejection damages claim against the debtor in the bankruptcy case, or (2) retain its lease rights in the property for the remainder of the lease term, including the right to remain in possession of the property, and continue to pay rent. In the second scenario, the tenant has some rights to offset the rent with the costs of doing what the landlord is not doing (for example, if the landlord fails to maintain the property), but the tenant can't file a rejection damages claim in the bankruptcy case. But there are some important details to all this, including verifying that the landlord has actually undertaken the steps required to formally reject the lease. It requires more than just the landlord telling you that she has rejected the lease. A bankruptcy lawyer can assist you with working through your options.
  12. You may be trying to argue that the original stop wasn't valid -- that while the owner of the vehicle indeed had a suspended license, the owner wasn't driving the car at the relevant time. And then you might be arguing that if the original stop wasn't valid, then anything that flowed from that original stop also wasn't valid. It is an argument worth exploring with your defense lawyer. The cases generally tend to support police assuming that the registered owner of a vehicle is driving it, which, in turn, gives the police reasonable suspicion to initiate a traffic stop if the owner is known to have a suspended license. However, the cases diverge on what the police are and are not allowed to do next once the police determine that the holder of the suspended license was not the driver. Some of the issues are legal issues and some are very fact-and-circumstance specific.
  13. I disagree that your dad is 'using your uncle's tax deduction.' Your uncle owns something valuable. He can keep it, sell it, give it away, donate it to charity, or maybe do something else with it. it is his to dispose of as he sees fit. If your uncle donates it to charity, then he may be able to take a charitable deduction on it. In the situation you describe above, if your uncle decides to give the coin collection to your dad, then, unless they've made some other arrangements between them, your dad is completely free to do with the coin collection whatever he wants to do with it (keep it, sell it, give it away, donate it to charity, etc.) -- all the same rights of ownership as your uncle had. The net effect of the arrangement may be that your uncle is giving up the opportunity to claim a tax deduction and your dad is gaining the opportunity to claim a tax deduction, both relating to the a possible charitable donation of the same asset, but that doesn't mean that your dad is improperly claiming a tax deduction to which he is not entitled.
  14. If you receive a judgment against the company in your home country, that judgment would ordinarily be enforceable against whatever assets the company had in that country. There are procedures available for you to take a judgment issued by a court in your home country and transform it into a US judgment that would then be enforceable against assets the company has in the US. That might be what you're asking about.
  15. Since 2005, student loans are generally non-dischargeable in bankruptcy except in limited circumstances. Bankruptcy Code section 523(a)(8). You would have had to make an argument in the bankruptcy proceedings that not discharging the loan would result in significant financial hardship. There is some additional argument and evidence that you would have had to present in support of that position. If the court accepted your argument and evidence, then the loans could have been discharged. If you had a lawyer representing you in the bankruptcy proceedings, discuss with him/her what happened on that item. If not, suggest you consult with a bankruptcy lawyer now to figure out whether you have any available options.
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