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MiddlePart last won the day on September 20

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About MiddlePart

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  1. MiddlePart

    Co sign

    You might be saying that you co-signed on a car purchase with someone else (let's call that person 'Dave') and that Dave had been driving and using the car. And Dave had been making the payments on the car. But then you found out that Dave was late on the car payments (thereby creating the possibility of a claim against you from the lender), so you took the car from Dave. And now Dave won't sign over to you his interest in the vehicle and is threatening to "file a harassment charge" against you. Is that what happened? If it is, the analysis would be different than the analysis suggested by adjusterjack (above).
  2. MiddlePart

    Issue with Probated Property

    A real estate attorney seems like the best place to start.
  3. MiddlePart

    EMERGENCY phone

    The time you spend on the phone actually handling a call would typically be compensable at your hourly rate and might be payable at the overtime rate depending. The time you spend off the phone during periods when you are on call -- when you're just available to be called but are not actually on the phone -- is typically not compensable if you're otherwise generally allowed to, and as a practical matter able to, use that time for personal purposes. But if you're effectively restricted from doing anything during the on-call period other than waiting for the phone to ring, then the whole 'on-call' time would typically be compensable at your hourly rate and potentially at the overtime rate. There are some other factors that the courts (and the Department of Labor) would consider in evaluating whether and how much of the on-call time is compensable, but the employee's ability to use the time effectively for his/her own purposes is critical to the analysis.
  4. I am not sufficiently familiar with Georgia civil procedure to know the answer. Typically it is a relatively short time (sometimes 30 days or sometimes less than 30 days), but I just don't know what the rules are in Georgia on that point. Any trial lawyer in Georgia would know, however. It is also something you could look up online yourself -- court websites often have a link to the state's rules of civil procedure, so I'd suggest starting there.
  5. You wrote in your post that your lawyer believes you don't have a good case, and you also wrote that your lawyer is threatening to quit the representation if you don't accept the offer. Your basic options are to accept the offer, or to reject the offer, or to make a counter-offer. Recognizing that your current lawyer might try to carry out his threat to quit if you don't accept the offer. If you are not happy with the representation your current lawyer is providing, you are free to find another lawyer to represent you in the case. It is possible that your lawyer genuinely believes that the current offer is the best available option for you -- that continuing the case is not likely to lead to a better result -- and for that reason your lawyer is strongly recommending that you accept the offer. Not every case is a winner. In the end, it is mainly up to you whether to accept the settlement, but your lawyer is in a position to understand the case, to evaluate your likelihood of prevailing, and to evaluate other relevant facts and circumstances that may bear on the decision. It doesn't mean he/she is necessarily right, but you should at least discuss the situation with your lawyer so that you understand his/her reasoning for the recommendation and then you can make an informed decision on how to proceed. No.
  6. In general, you'd file an opposition to the motion, in which you present the legal and factual reasons why you believe the motion should not be granted. You'd file that opposition with the court. Eventually, the court will rule on the motion. Parties to a case are pretty much always free to discuss settlement of the case at any time, but nobody has to settle a case if he/she doesn't want to. Settling can often be a good idea and a sensible decision, but whether that's true in a particular matter depends on the facts and circumstances of the case, and the nature, amount, and terms of the settlement proposal. All of the matters I've discussed above -- how to file an opposition, what arguments the opposition should include, how to respond to settlement proposals, etc., are pretty basic to litigation. If you don't have a good handle on how to conduct litigation yourself, hiring a lawyer to represent you would be a really good idea. That you've received a "huge envelope of papers" that you don't understand is also a signal that having a lawyer represent you in this matter would be a sensible move -- the lawyer should understand the papers and their significance to your case, and will be able to advise you accordingly.
  7. MiddlePart


    I think you are asking whether the eviction is being done properly and lawfully under the particular circumstances. To answer that question, some additional information is required. 1) Who is named as a tenant on the lease? Is it just your sister, or your sister and the boyfriend, or is it all 3 of you? 2) If you are not named as a tenant on the lease, do you have a written sublease or are you living there only on an informal and unwritten basis?
  8. MiddlePart

    Appeal a chemical refusal

    Your post is a little confusing and so it is difficult to offer you any opinions. I understand that you were in an accident about 6 years ago and in connection with that accident you refused a breathalyzer test. You had an attorney advising you then. It isn't clear from your post what happened next -- were you charged with a crime and were you convicted of a crime in connection with the accident? If you were, when was that conviction and what was the sentence? Not clear to me what you meant when you wrote " Never game a permit nor a appeal option..." Also not clear to me what you meant when you wrote: "now i need to appeal with satop as they put me on highest level witch it 75 hours of groups and counseling ..." I assume you are referring to a substance abuse traffic offender program (acronym: SATOP), the completion of which is sometimes imposed as a requirement for reinstatement of a drivers license following a DWI conviction. You then indicate something about driving while suspended and 2 pending, and now needing or wanting some kind of appeal. It was not clear to me what issues you are appealing and which case you are appealing from. It was also not clear to me what connection the 'driving while suspended' has to the accident. You also indicate that you were "wrongfully charged" (but it wasn't clear to me what you referring to when you said that) and you also indicate that "the case went on for 4 yrs" (but it wasn't clear to me which case, or what the result was, or whether it was related to the accident or not). You indicate you were charged with CNI -- which, in the traffic ticket context I think means failing to have the legally-required insurance (Charge: Compulsory Insurance, No Insurance). Strictly speaking, yes -- a judge will review any case you file. If the case has no merit the court will probably dispense with it quickly and unfavorably to you. On the other hand, if your claim has merit (or appears to have merit), the court will give it due consideration before reaching a decision. With some clarification on your story, this message board might be able to offer some suggestions more specific to your particular situation.
  9. MiddlePart

    Terminating month to month lease in NJ

    It seems that in New Jersey, a notice to quit given less than 30 days before the end of the month will be effective as of the end of the month following the month in which the short notice was given. There is some case law on this topic, and it is briefly referenced in the useful guide to which adjusterjack provided a link.
  10. MiddlePart

    Terminating month to month lease in NJ

    You're probably on safer ground sending your own 30-day notice to quit (which would be effective 10/31) rather than trying to accept the tenant's 30-day notice, particularly since there has been some indication that the tenant may have intended to withdraw her notice.
  11. As the vehicle owner, the rental company has some obligation to have certain minimum insurance coverages on the vehicle. The cost of those is (probably) baked into the rental rate they charge you. However, those coverages are probably not as broad scope as would be if you had your own car insurance and extended it to cover your rental cars, and likely won't offer you enough protection. Buying the supplemental coverage is probably a good idea for you, because you will be responsible to the extent the matter is not in scope of the rental company's insurance and you have no personal car insurance policy to fall back on. You should consider looking into whether you get some of that additional coverage from your credit card -- some cards offer rental car insurance coverage -- although even that may not be enough. If you rent cars frequently, there are non-owner car insurance policies available from some insurance companies that serve the same function as car insurance for car owners, and would probably be a cheaper/better option than buying the rental car company-offered insurance on a case-by-case basis.
  12. MiddlePart

    Modified Child Support

    I believe that courts hearing these kinds of cases deal regularly with people acting out of spite, and accordingly know how to handle it. You'll have to present your evidence -- testimony (your own, plus that of any witnesses you might have), documents (if there are any relevant documents), and other materials (if there are any other relevant materials) -- to support your position and to counter the testimony and other evidence that she submits in support of her position.
  13. The intention to give, and the actual delivery of the item, is probably enough for most kinds of things. Because of the formal requirements for cars -- a title document that is signed and filed with the state -- more is needed than just the intention and the actual delivery.
  14. MiddlePart

    Xfinity terminated contract

    Did Xfinity tell you why they believe you are responsible for your brother's failure to pay on his account?