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Everything posted by pg1067

  1. Since you're month-to-month, the landlord will get you out one way or another. If I were you, I'd ask the landlord to agree to give you X amount of time and dismissal of the eviction case in exchange for some additional $$.
  2. The only thing you might be able to obtain from the IRS are copies of tax returns or transcripts thereof. Not sure what "financials" means beyond that.
  3. You've provided no reason to believe you lack this ability. Is there some reason you through folks here would have any more insight into your abilities than you do? If you show up, then no. If he's there, then he can answer any questions the court might have of him. However, if you're asking whether his presence is an absolute necessity, I doubt it. When does the lease expired (or has it already expired)? Why do you want to continue to live somewhere you're obviously not wanted?
  4. Yes, but.... Suggests it's not a different topic. That said... Yes. If you are or are appointed as the executor of your father's estate, you can sue the former attorney-in-fact and seek whatever records he has in this regard.
  5. pg1067


    By visiting a law library or using an online research tool (e.g., Lexis or Westlaw). There are free services (e.g., Google Scholar), and even ordinary internet searches may turn up relevant case law. So...have you applied for a variance? If so, what happened? If not, why not? Here's the question you asked in the other thread you started: Zoning laws are local to each county/city/town. Google "[name of your city] zoning laws," and you should be able to find what you're looking for. A good idea in theory, but the person asked this question is likely to respond along the lines of: "you're free to look it up yourself." It's also not a question that's likely answerable with reference to a single ordinance.
  6. Well...if you want the money and he won't give it to you, suing is obviously the only option. Did you really need a bunch of anonymous strangers on the internet to tell you that?
  7. The opinion of anyone other than an Illinois family law attorney who is familiar with the judges in the court where you will file your divorce is utterly meaningless (and that's especially true since we have only the most minimal of information on which an equitable distribution would be made). There is no conceivable way that the answer to this question is anything other than yes. I suggest you consult with some local attorneys about whether they'll take your case in exchange for a lien on your fully paid for home. I'm not entirely sure what your concern is, but since you've been separated for eight months, you're certainly not jumping the gun.
  8. Rather obviously, anyone can refuse to give anything to anyone. If you're asking whether it's legal for a parent to refuse to give the specific documents mentioned to a child, the answer is that no law in any state requires that a parent give such documents to a child. Indeed, there's no obligation for an adoptive parent even to tell a child that he or she is adopted. Since you didn't identify this person's state of residence, we can't provide you much in the way of specifics. Obviously, obtaining a copy of her birth certificate depends on the laws of the country where she was born. The ability to obtain records relating to an adoption depends on whether the adoption was done pursuant to the laws of a U.S. state or the persons country of birth. As far as naturalization documents, see the prior response.
  9. Probably, but it rather obviously depends on the applicable state law. Huh? This question makes no sense at all, but the answer is almost certainly because no law makes it illegal for a school to provide free parking for teachers while requiring students to pay to park or to reserve a particular lot for teachers only.
  10. Huh? P.S. There are 50 states in the U.S., and each of them has its own unique laws on this issue.
  11. The laws in the two states you mentioned don't distinguish between residents and non-residents, so the answer is yes, but that doesn't mean a whole heck of a lot without any context. Yes, as long as the hotel is willing to do it (which, by the way, is true in any state for a person of any age). In the abstract, there is no way to answer this question other than by saying "maybe." Among other things, it will depend on what "something" is. By way of example, I received more than one traffic ticket when I was 16/17, and not once did the officers who wrote the tickets hold me or contact my parents.
  12. Ummm....huh? This thread is 27 months old, and you're not the OP (or are you the OP posting under a different screen name?), so why the f*** are you resurrecting such an old post in order to rant for no apparent reason?
  13. When you spoke with your neighbor about the hazard that he created, what happened?
  14. Defense attorney? So...is this a criminal case? Or a civil case? Is the case pending in a California superior court or in a federal district court in California? Whom is the defense attorney "asking" for these records? And is the attorney simply asking or has the attorney served a subpoena or a request for discovery/production of documents? Who is "you" in this sentence? It's obviously impossible to opine about what "you" should do without knowing what relation "you" has to the case. Answer those questions and we can begin to approach your question intelligently.
  15. @Chris Lewis This thread is nearly 15 months old and has been dormant for more than five months. Why resurrect it for the sole purpose of demonstrating your ignorance? There is no absolute duty to warn. The duty to warn extends only to reasonably foreseeable hazards (not injuries). I bet there were also no "NO PARACHUTING," "NO OPERATING CHAINSAWS" and "NO WELDING" signs. Ummm....is this just a number you made up? Is this an average? Where'd you get this number, and what does this have to do with anything that has been discussed in this thread? I agree. What does "the type of litigious legal climate [that you think] we have in this country" have to do with the merits (or lack thereof) of this particular individual's unique case? The answer is nothing. Certainly, the OP has nothing to lose by suing, but any attorney who represents the OP has a lot to lose by taking an apparently meritless case. No, the "way it's done" is that the attorneys sue only those persons or entities who are reasonably likely to have legal liability.
  16. That law is the statute of limitations for "[a]n action upon any writing, whether sealed or unsealed, for the payment of money or property." Such an action must be brought within 10 years of the accrual of a cause of action. That's not correct. What makes you think that? Sections 516.010 - 516.095 are under the heading "real actions," while sections 516.097 - 516.371 are under the heading "personal actions." The distinctions relate to real property (i.e., land and permanent structures) and personal property. This isn't really a coherent sentence. Section 516.100 says the following: "Civil actions, other than those for the recovery of real property, can only be commenced within the periods prescribed in the following sections, after the causes of action shall have accrued; provided, that for the purposes of sections 516.100 to 516.370, the cause of action shall not be deemed to accrue when the wrong is done or the technical breach of contract or duty occurs, but when the damage resulting therefrom is sustained and is capable of ascertainment, and, if more than one item of damage, then the last item, so that all resulting damage may be recovered, and full and complete relief obtained." That's incorrect. One can pay property tax on personal property, with the most obvious example being a motor vehicle. Doesn't apply to what? If you're talking about section 516.110, that's the statute of limitation for an action for breach of written contract. Huh? Your use of "not" twice in this sentence makes it virtually incomprehensible, but any contract that is in writing is subject to the 10 year limitations period in section 516.110.
  17. Who are "they"? What does "had her sign" mean? Does it mean anything other than that "they" asked her to sign and she agreed? What does the mortgage encumber? The mobile home? The property on which the mobile home is located? Both? If the mortgage relates to the real property, has it been recorded with the county clerk in the county where the property is located? If it relates to the mobile home, has it been filed with the DMV? You mean she made it that way, right? If your sister fails to meet her obligations under the mortgage that she signed, then the mortgagee can foreclose, but that foreclosure can be of her interest only, not yours.
  18. 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.
  19. 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.
  20. 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. 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. 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.
  21. 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.
  22. The obvious first thing to do is to call the owner of the neighboring property (assuming you have a number) and discuss what's happening. Failing that: Contact the police. Contact the local code enforcement authority. File suit.
  23. 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. 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.
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