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Posts posted by pg1067

  1. "I just found out that the girl I cosigned for has illegally sold the truck to someone"

    Why do you believe it was illegal for her to have sold the truck?

    "She does not know where the truck is so I am unable to reposes it and sell it at a loss."

    Unless you had a properly perfected security agreement/lien, you wouldn't be able to repo it anyway. The right of repossession doesn't come automatically with co-signing a loan.

    "Do I have any recourse?"

    I assume the person for whom you co-signed isn't making the payments. Correct? Assuming the lender ultimately comes after you for the payments, you will have a claim against the girl for whom you co-signed for indemnity. I don't see that you have any claim against the person to whom she sold the truck. Note that the lender probably DOES have a properly perfected security interest/lien, so it probably CAN find and repo the truck.

    "nor have I called the police to make a report."

    What would you report to the police. Nothing in your post suggests that any crime occurred.

  2. "My son purchased a vehicle from a kid in the area that he knew."

    Is this an adult son or a minor? Same question regarding the seller.

    "Is the seller responsible for the smog and repairs?"

    Probably not. First of all, this "kid" presumably isn't a mechanic. Accordingly, any "assurance" he might have given that the car would pass the smog inspection could not reasonably be relied on. Second, nothing he said to you AFTER the sale is substantively relevant.

    If your son was/is a minor, he should be able void the sale, return the car, and get his money back. Or he could sue for damages, but I don't see that he has a case. Sales like this are on an "as is" basis unless the seller gives a warranty (which never happens) or commits fraud. Nothing in your post suggests that he made a false statement of fact before the sale was made.

  3. The specifics will vary from state to state, but, generally, an attorney in the situation you describe will deposit the payment into his/her or his/her firm's client trust account. Client trust accounts earn interest, but the interest is typically used by the state to pay for representation of indigent persons (again, this varies from state to state). The attorney will pay whatever liens have been properly noticed, pay him/herself for fees and costs due, and then pay the remainder to the client.

  4. "can they return the car?"

    They can do whatever they want with the car, but whatever they do won't relieve them of their obligation to pay the loan. It's more than a little difficult to believe that they didn't see the divorce coming "less than 30 days" ago, so it was probably more than a little foolish for them to have bought the car.

  5. Your question is more than a little vague, but I think it's safe to say that it's illegal in every state to commit murder, to hire someone else to commit murder, to conspire to commit murder, and to conspire to hire someone to commit murder. But dare I say "duh"?! What is it that you really want to know?

  6. "I have been married for over ten years. I have been seperated for two years, husband moved to another state and has a girlfriend living with him. Do I still have any rights regarding medical or any other decision when it comes to my husband and vice-versa?"

    In general, medical providers will look to a person's next of kin (spouse, siblings, children, etc.) regarding medical decisions. Unless you have a properly drawn up health care power of attorney, a medical provider could properly look to you to make decisions regarding each other's care.

  7. If the abuse is ongoing, you need to report it to the police and get yourself out of there -- either to a local shelter or a family member or friend's house. If you go to a shelter, the folks there can help you from there, but you would want to consult with a divorce attorney yourself.

  8. The answer to your question depends on the adverse possession laws of UT and how long "a number of years" is (and whatever other facts are relevant under UT law). It may be that your neighbor has annexed the parcel in question through adverse possession or has a proscriptive easement or something of that ilk. You need to speak with a local real estate attorney for advice.

  9. It's a little difficult to respond to your post because you haven't given us any context. Your use of second person phrasing is also confusing.

    Guest said...

    is it legal for a realtor to paint your windows shut and not open them back up when you ask ?

    Since I have no contract with any realtor, if one were to do this, I would have him/her arrested and sue him/her for trespassing, etc. Whose realtor is this? Why did he/she paint your windows shut? Why don't you open then yourself (it's not like you need a key to open a window that has been painted shut)?

    Guest said...

    how long do you have to move out when they evict you ?

    What exactly has happened here? Has your landlord given you a notice? Has the landlord filed a legal action? How long you have depends on what has happened.

  10. Does it really prohibit him from doing this if he has ANY legal action pending against him? That's pretty broad and would include small claims suits or administrative proceedings. Of course, you haven't said that he does, in fact, have a "legal action" pending against him or, if so, what the nature of the action is. If he does have a "legal action" pending against him, then you presumably have notified him or will notify him that you intend to invoke the divorce degree in this regard. The ball is then in his court. Presumably, he's not simply going to show up at your door and physically take the kids against your will. If you think that's a possibility, then you obviously need to talk with a local attorney about the appropriate course of action, including, possibly, seeking a restraining order.

  11. It is generally quite difficult to pierce the corporate veil, and, obviously, we can't assess how easy or difficult it would be for the creditor in question to do so in your case. Obviously, if the creditor seeks to drag you into this, you need to consult with an attorney for advice.

    And yes, you'd be the only one on the hook since your "partner" filed BK.

  12. GuessAgain said...

    While the prior two responders are attorneys, neither of them practices criminal law and thus, are unfamiliar with what is and what isn't allowed under the 4th Amendment, particularly with regard to the automobile exception.

    While it is true that I don't regularly practice criminal law, and while I don't have anything approaching your level of detailed knowledge on this subject, I'm quite familiar with the 4th Amendment and the automobile exception (which isn't saying a whole lot because any law student who has taken criminal procedure is or should be at least superficially familiar with both of these things). As a result everything I said previously is completely consistent with what you have said in response to this poster.

  13. justice2judgement said...

    Does anyone out there know anything about "HR 3190 (1948) P.L.80.772"

    If you google "public law 80-772," you will find that, a few years ago, some nutjob apparently made an argument that, because of a procedural irregularity connected with the passage of the United States Criminal Code, that code is unconstitutional. Hardly difficult to guess how that challenge turned out.

    justice2judgement said...

    better known as TITLE 18U.S.C. being illegal? i read US SUPREME COURT CASE filed by Von Kahl et al V USA challenging this law as being illegal.

    Federal statutory law is compiled into titles. There are 50 such titles (http://www.gpoaccess.gov/uscode/browse.html), and Title 18 is the title concerning criminal law and procedure. The case you referred to appears to be Von Kahl v. United States, 242 F.3d 783 (8th Cir. 2001) (http://law.justia.com/cases/federal/appellate-courts/F3/242/783/550193/). It is a decision by the United States Court of Appeals for the Eight Circuit and does not appear to have anything to do with any section of Title 18 or Title 18 as a whole. The notion that the entirety of Title 18 might be unconstitutional because of a 63 year old procedural irregularity, that is simply ridiculous.

  14. heyjc011 said...

    Should I write him a letter confirming this?

    If I were you, I would.

    heyjc011 said...

    Short of that working, what are my next steps in petitioning the court to force the sale of the home?

    That's going to depend on whether the house has been conveyed to you and your sisters or whether it is still part of the probate estate (along with many other factors). We can't walk you through the process on a message board (and I'm not in WV, and I don't think "harrylime" is either). If you can't work something out with your sisters fairly quickly, I would strongly urge you to consult with an attorney in WV to assist you with getting this done.

  15. Sure it's possible. In short, you need to make sure the house gets titled in your name only as your separate property, that the money gets deposited into a bank account in your name only, and that no community property funds get used to pay down any mortgage on the house or to pay for any improvements. I would suggest consulting with a local attorney about the best mechanism to make this happen.

    Note, by the way, that I don't see any trust issues in your post.

  16. Well...occasionally you find some odd laws that are still on the books but which are never enforced. Some people seem to be confused as to what "cohabitation" means. It simply means sharing a habitation -- i.e., living together. While some states might have laws on the books that makes (or purports to make) cohabitation between unmarried persons illegal under specific circumstances, I will bet everything I have that no state has a law that says nothing more than that it is illegal for two unmarried persons to living together. Such a law would be absurd on its face since it would prohibit college students from being roommates and from siblings from sharing a home (among other things). Such a law also would (in my view) be unconstitutional. I would love to hear the IRS person's answer if you had asked for a citation to the Florida statute that he/she believes makes cohabitation between unmarried persons illegal.

  17. Beaufort said...

    A man died

    How long ago?

    Beaufort said...

    The wife, who predeceased her husband, died intestate.

    How long ago?

    Beaufort said...

    Does the child by the previous marriage (who is not the man's heir and was not named in his will) have a legal right to a portion of this property?

    This question raises several issues, one of which requires knowing how long ago the man and his wife died. We also need to know what, if anything, happened to the title between the time of the wife's death and the present. From the sound of it, it doesn't appear that anything happened. Was there any probate following the wife's death? Was any of her property distributed to anyone (other than her husband) following her death? It's possible that the wife's child who was not also the man's child had a right to a portion of the property but that such right no longer exists because of the passage of time. However, whether that right exists or ever existed depends on how the man and wife held title together (something which your follow up post states you don't know), and that is probably the single most critical fact here (I could do a long series of "if, then" scenarios, but I'd rather not spend the time).

    Beaufort said...

    If so, does this person have to make a claim to the property through legal means, or is the law clear about the portion of the property that is due him?

    I assume "this person" is the wife's child who is not also the man's child. Whether the law is "clear" doesn't necessarily negate the need "to make a claim to the property through legal means."

    You didn't say whether you're either of the children mentioned in your post. If you are, you need to speak with a local attorney for advice because we can't tell you anything more without knowing the things mentioned above.

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