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Everything posted by MiddlePart

  1. 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.
  2. 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 I base that on some unpublished decisions that I saw courtesy of Google search.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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. MiddlePart


    When you say "I was LPR" I assume you mean that you are a green card holder (legal permanent resident). Your post indicates otherwise -- you say that you were arrested and charged with aggravated assault, you were freed on bail, and then, rather than show up for trial, you left the country. That all adds up to potentially significant problems with the law. Because the last time you were released on bail you left the country and didn't return in time for trial, it seems unlikely that a court would allow you to post bail this time around. You've proven that you are a flight risk.
  10. You might save some cash now by trying to do this yourself, but if you don't do it correctly, it will be a problem for your intended beneficiary when the time comes and, necessarily, you won't be available to help fix the problem. And then money will be need to be spent and problems will be encountered that likely could have been avoided by spending a few bucks now. Having a lawyer draft a will for you, especially if you don't have lots of assets or complicated plans, isn't likely to be as expensive as you seem to think it will be. And could save money in the long run. Further indication that engaging a lawyer would be a really good idea. The people who post on these message boards can explain, at least generally, what a trust is, but whether it is a good idea for you in your particular circumstances is really beyond the scope of what these message boards can provide. Creating the trust is also not a good DIY exercise -- using a lawyer is the best way to go for that.
  11. I suppose you could also consider re-deeding the property now to provide a life estate for yourselves and naming Friend as a remainderman. A will is probably the easiest and least expensive method to use to achieve your purpose. A will is also probably the easiest and least expensive to undo or revise in case things change (e.g., if 2 years from now you and Friend have a major falling out).
  12. That link leads to materials and information that only apply to people who are employees of the federal government, or to people who applied for federal government jobs. This link leads to materials and information that apply to everyone else. https://www.eeoc.gov/employees/howtofile.cfm It would be worthwhile for you to consult with a local attorney who handles employment law matters before you file something with the EEOC. Doing the filing wrong (for example, not including some information, or failing to check all the applicable boxes) could be very harmful to your claim later on. From the information you've provided, you might have a good claim against the company, but there are some things in your post that are not completely clear. A lawyer can help you evaluate the strength of any claims that you may have.
  13. This is mainly a management issue for the company. If the company believes the employee is abusing her sick leave, or otherwise not working when she claims to be working, then she can be subject to employee discipline or termination of employment.
  14. No. The constitutional requirements for due process are limits on the power of the government (federal and state).
  15. Your post was a little confusing to me. Could you clarify who the "co-lessee" is in this story, and why the company as a lessee of a car needed a "co-lessee"? Several possibilities suggest themselves to me, but I'd rather not assume.
  16. Show up on the court date. If the officer doesn't appear, the court will dismiss the case. I'm assuming that you were in fact driving faster than the speed limit when you got pulled over, because if you weren't and can prove it, then you'd have an argument on the merits of the charge. You could also try the usual challenges to the accuracy of the speed measurement device [search these on the internet or consult with a local attorney who handles traffic cases] but the police are usually well prepared to respond to those challenges in court. If the officer does show up [and, in most jurisdictions most of the time, the officer will show up] and assuming you really were exceeding the speed limit by approximately the amount that the officer claimed that you were -- then all you can do is tell your story to the judge and hope the judge is inclined to be lenient. Depending on how fast you were going (how far over the speed limit), and depending on your traffic ticket history (how many you've had before and how recently), and depending on how sympathetic the court is to your situation, the court might be willing to let you do traffic school, or probation before judgment, or some other kind of diversion that, if successfully completed, would either eliminate the ticket entirely or just reduce the resulting points and fines. Suggest discussing your situation with a local attorney who handles traffic cases who can give you guidance on the particulars of your matter and on what the particular judge/court is likely to do with your specific facts.
  17. I'm assuming HEB is a grocery store. If you walked out of a grocery store with $200 dollars worth of groceries that you didn't pay for, you could be charged with violating Texas Penal Code 31.03 (Theft). Per the statute (31.03(e)(2)), where the value of the property stolen is more than $100 but less than $750, an offense under section 31.03 is a class B misdemeanor. A person who is convicted of a class B misdemeanor in Texas can be required to pay a fine (not to exceed $2000), or be sent to jail for up to 180 days, or both. You should find a criminal defense lawyer in your area and get his/her advice on how best to proceed.
  18. Did you appeal either finding to the State Board of Education? It looks like that would have been the way to have had the residency decision of the local Board of Education reviewed if you think the local Board got it wrong.
  19. Could you provide some details on exactly what you did back in 2016 -- did you just speak to a front desk person or trainer while at the club? did you speak to a manager? did you send them an e-mail or a letter? etc -- how did you communicate? What particular message did you give them? And -- when you enrolled, were there written terms of membership -- and, if there were, did those terms specify how a member should go about cancelling the membership and did you follow the specified procedure? And: in 2017 and 2018 did you just overlook the deductions from your bank account or the charges on your credit card for the 2017 and 2018 fees, or was there something else going on so that you didn't know about them at the time they happened? That additional information will be helpful in evaluating the strength of a claim that you may have against the club for return of the 2017 and 2018 membership fees.
  20. Hire a lawyer, and prepare to defend against these claims. You will have an opportunity to present testimony, documents, and any other evidence you may have that supports your story that you in fact did hand over the funds. Hopefully you have proof for all of the transfers and not just the one signature from 2012 addressing that transfer.
  21. Information about filing an ethics complaint against an Ohio lawyer, and a link to a template for a complaint, can be found at this website. https://www.ohiobar.org/public-resources/about-attorneys/lawyer-ethics--discipline/
  22. Once your father wrote the diary, he had copyright in it automatically. He probably didn't register it with the copyright office, but registration isn't required to have copyright protection. However, registration does provide a copyright owner with some additional rights and remedies. As a (presumably unpublished) work created before 1978, your father's unregistered copyright in the diary would extend for his lifetime plus 70 years. Upon his death, the copyright could be bequeathed to his heirs. The copyright owner can register a copyright at any time within the life of the copyright. All that said, what are you trying to achieve?
  23. Who owns the house? The answer to this question may affect the answer to your original question
  24. Pennsylvania's medical marijuana law includes the following, which appears to be relevant to your situation: Title 35 P.S. Health and Safety (Refs & Annos) Chapter 64. Medical Marijuana Act (Refs & Annos) Chapter 21. Miscellaneous Provisions Section 2103. Protections for patients and caregivers. ... (b) Employment.-- (1) No employer may discharge, threaten, refuse to hire or otherwise discriminate or retaliate against an employee regarding an employee's compensation, terms, conditions, location or privileges solely on the basis of such employee's status as an individual who is certified to use medical marijuana. (2) Nothing in this act shall require an employer to make any accommodation of the use of medical marijuana on the property or premises of any place of employment. This act shall in no way limit an employer's ability to discipline an employee for being under the influence of medical marijuana in the workplace or for working while under the influence of medical marijuana when the employee's conduct falls below the standard of care normally accepted for that position. (3) Nothing in this act shall require an employer to commit any act that would put the employer or any person acting on its behalf in violation of Federal law. I agree with this recommendation.
  25. 30-day notice, and, then, if the tenant doesn't voluntarily leave, you'd file eviction proceedings in the county where the property is. It would not make a difference that the tenant has been on the property for a long time without a lease. So long as there is no lease presently in force, the tenant is in a month-to-month situation.
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