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Posts posted by pg1067

  1. 1 hour ago, Inheritors Debt said:

    do I have anything to file a civil suit against the police department of this small town?


    Not that I could tell (although your post is quite convoluted).  You wrote that your husband was walking (apparently in the middle of the road) and was hit by a car driven by a high school student.  Why would you think the police should be responsible for that?  Aside from the merits, the statute of limitations for a wrongful death claim is two years, so it's too late now.

  2. 1 hour ago, doucar said:

    The statute refers to an "action".  THis means after you have filed your claim you have 3 years to institute an action, file suit, against the city/county/state.


    That's not what the statute says.  The three year period mentioned refers to presentation of the claim in writing to the Department of Financial Services.


    The problem I see is that the OP's potential claim appears to be against a local police department, so the "except as to any claim against a municipality" likely applies.  Obviously, that's in addition to the apparent lack of merit.

  3. 46 minutes ago, Inheritors Debt said:

    I am preparing a will for my 45 yr old son


    Unless you are a licensed attorney, it is illegal for you to do this.  Also, given his situation, it's not clear why your son would need a will.



    48 minutes ago, Inheritors Debt said:

    can DCFS of Illinois or HERSELF take this house from him if I were to pass for back child support


    Why would the Illinois DCFS have anything to do with you or your son?  As for the child you mentioned, your post indicates that your son is not the legal father, so there's no issue there.  Could the mother seek to establish your son's paternity?  Sure, she could.  However, until and unless that happens your son has no obligations regarding the child, and you never had and never will have any such obligations.



    53 minutes ago, Inheritors Debt said:

    could his debtors (who knew he was not insured at the time they provided medical care), place a lien on the home so that he would be forced to sell the home to settle these debts


    It's "creditors," not "debtors."  Your son is a debtor, and he owes money to his creditors.  Regardless, under Florida law, a person's primary residence is exempt from enforcement of an ordinary civil money judgment.

  4. You can sue anyone you like, and you're obviously free to consult with a local attorney, but (1) you have no valid claim because you could have been taken into custody anyway (and, as such, you suffered no damages); and (2) in order to pursue a claim of this sort, you need to file a claim with the department or city as a prerequisite to suing, and the window on that sort of thing is typically very short (e.g., within 90 days after the incident).  After a year and a half, you're way too late.  Section 768.28 of the Florida Statutes appears to be the relevant law, but I don't have the time to read through it.

  5. 16 hours ago, Pauravi said:

    does the child really have to be tortured to visit the ex


    As long as the divorce decree requires visitation and your ex wants to exercise his right to visitation, then yes, you must require your child to visit with her father.  If you don't like it, you're free to petition the court to modify the divorce decree.  We have no way of predicting whether you could do so successfully.



    16 hours ago, Pauravi said:

    At what age the child can have a legal say on the wish to NOT visit the father so frequently? Is it 12 years, hae read it somewhere on the website?


    I can't speak specifically about Virginia, but most courts will consider a child's preference once the child turns 12 or so.  However, the weight that the court will give to the child's preference depends on the reason(s) for the preference and the child's demonstrated level of maturity.  The child does not get final say until age 18.


    2 hours ago, Susan Brunke said:

    They also did not include a pre-move in checklist of the condition of the property  as also required by Nevada law.


    Which section of the Nevada Revised Statutes do you believe requires a landlord to "include a pre-move in checklist" (include it in what)?



    2 hours ago, Susan Brunke said:

    we are wondering if they are required to disclose the pending suit to the potential buyer.


    No.  Disclosures are only required for things relating to the condition and title of the property.  Any obligation to return the deposit to you is a personal obligation that has nothing to do with the property.

  7. 3 hours ago, EDWARD HILBURN said:

    kansas i took a piece of a box


    What does this have to do with the subject of this seven month old thread?  Why are you tagging this onto someone else's post -- especially since this seems to be a duplicate of the thread you started yesterday?



  8. 12 hours ago, MKCofOC said:

    This involves a small estate. . . .  Trustee has paid these fees and costs out of her own pocket


    Trustee of what?  Estates don't have trustees.  Is there a trust?



    12 hours ago, MKCofOC said:

    a beneficiary who resides at the estate refuses to give trustee any records or allow access to the real property.  How do I obtain the courts approval of trustees fees,


    At the start of your post, you referred to "the trustee" in the third person.  Now you're using the first person.  I therefore assume you're "the trustee."  Correct?


    Without any clarity regarding whether you're dealing with an estate or a trust (or both), it would be folly to try and answer your questions with anything other than, "hire a lawyer."

  9. Here's the text of a private message that the OP sent me:


    • "She was in the hospital when she was due to sign her new lease in July, So we have been following the rules and I have been allowed to stay with her as a temporary care giver.  This issue has to deal with are brother who visits from time to time, he lives 45 minutes away and at times he does spend the night, now just in my opinion no big deal."


    Since I did not ask any questions in my prior response, I'm not sure why this was sent to me, but I'll leave it here in case anyone else considers it to be relevant information.

  10. 2 hours ago, Sam156 said:

    There was a promotional deal on a laser center's website for $1,299 full treatment.


    Full treatment of what?  In what state and how long ago did this happen?



    3 hours ago, Sam156 said:

    What can I do to get my money back in this situation?


    Obviously, suing in small claims court is a possibility, but how did you make the initial payment?  By check?  If so, has the check cleared your bank account?

  11. 1 minute ago, Tax_Counsel said:


    I stated that the lawyer's discussion with the mother "may" put the attorney-client privilege at risk, not that it "would". Of course it matters exactly what the discussion is. But as you yourself note, it certainly may be a problem if the statements made to the mother implicate a confidential attorney-client communication. So I don't see what your disagreement is with my statement. It was accurate, just perhaps not as detailed as you would like.


    I disagree with the statement that the lawyer "should not be discussing the details of the case" with the OP and with the reason offered for that.

  12. 14 hours ago, Glenda said:

    He was arrested and charged.


    Arrested for what?  Charged with what?



    14 hours ago, Glenda said:

    His PD told him he couldn't get the body cam footage.


    Why?  Your son needs to press that issue.  Body cam footage would unquestionably be discoverable, so there's no reason in the abstract why it can't be obtained.



    14 hours ago, Glenda said:

    Can I try to get it if he doesn't?


    You can try anything you like, but you have no standing since you're not a party to the case.



    14 hours ago, Glenda said:

    Should this be done asap?





    8 hours ago, Tax_Counsel said:

    His lawyer should not be discussing the details of the case with you. That may put at risk the attorney-client privilege.


    As phrased, I disagree with this.  As you know, the attorney-client privilege is a rule of evidence that makes communications between a lawyer and client (and/or the agents of either) inadmissible.  Simply "discussing the details of the case" with someone other than the client would have no impact on the privilege unless one of the details discussed was a confidential attorney-client communication.  Moreover, the client's mother could, in some cases, be considered an agent of the client.


    More to the point:  a public defender doesn't likely have the time to be discussing the case with the client's parent.

  13. To the best of my knowledge, no one from Louisiana posts here regularly, which is important because Louisiana law, unlike the law of every other state, derives from the French civil law system rather than the English common law system.  Among other things, that means that Louisiana laws use a lot of terminology that is foreign to folks in other states.


    Section 3492 of the Louisiana Civil Code says as follows:  "Delictual actions are subject to a liberative prescription of one year.  This prescription commences to run from the day injury or damage is sustained. It does not run against minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage."


    I have no idea what the bolded terms mean, but I do know that "prescription" is the term that is used in Louisiana to refer to a statute of limitations.  I also know that the general prescription/SOL for personal injury cases is one year from the date of the injury.  There are multiple ways to interpret section 3492.  One possible way is that everything after the word "interdicts" applies only to "interdicts" and does not apply to minors.  If that's the case, then it means that, in any case involving an injury to a minor, the SOL doesn't start to run until the minor turns 18.


    I suggest that, if this is more than idle curiosity for you, you consult with a local attorney ASAP.

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