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pg1067

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Everything posted by pg1067

  1. When you spoke with your neighbor about the hazard that he created, what happened?
  2. 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.
  3. @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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. Which section of the Nevada Revised Statutes do you believe requires a landlord to "include a pre-move in checklist" (include it in what)? 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.
  13. So...you started a new thread to ask a question that was answered in the other thread.... 🤦‍♂️ I told you in the other thread that: "You're in small claims territory. If you get to the point where you feel like you're being jerked around, file a small claims suit."
  14. Could be either. Could be both. Could be neither. Note that most discrimination is legal. Who asked for these things and why?
  15. 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?
  16. Trustee of what? Estates don't have trustees. Is there a trust? 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."
  17. After seven years? You're clearly in way over your head and will need a probate attorney to assist you. Any attempt to walk you through dealing with this would be way beyond the scope of what folks on a message board can do for you.
  18. 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.
  19. No defense is apparent from anything in your post. Consult with a local criminal defense attorney.
  20. Google search for HUD section 8 visitor regulations. Needless to say, no one here knows the landlord's overnight guest rules. She should read her lease.
  21. Take a look at your bank's policy for disputing debit card transactions and submit a dispute.
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