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Posts posted by pg1067

  1. 59 minutes ago, John J said:

    A man is saying that he gave a cash deposit and wants it back, but has no reciept.


    Saying to whom?


    Gave a deposit to whom?


    In what amount?


    For what purpose?


    In what state?


    Is there any sort of written agreement?  I'd like to think a person would not give another person a cash deposit in any significant amount without any sort of signed, written agreement and/or a receipt, but I've been posting here long enough to know that people sometimes do galactically stupid things.



    1 hour ago, John J said:

    Can he file charges ?


    No.  Only the district attorney/prosecuting attorney can file criminal charges.  Obviously, anyone can report anything to the police.  Assessing whether it is likely that the police will do anything about a particular situation requires knowing the relevant details.



    1 hour ago, John J said:

    He now says that I damaged the vehicle because it is not finished.


    That doesn't make any sense.  Not finishing the repairs is one thing.  Damaging the vehicle is something completely different, and it makes no sense to claim that you "damaged the vehicle because it is not finished."



    1 hour ago, John J said:

    Can he file charges on an accusation like that ?


    Neither failing to finish repairs nor accidentally (I'm assuming) damaging a vehicle is a crime.



    1 hour ago, John J said:

    Can a person get away with something like this ?


    I'm not really sure what "something like this" means, but nothing you've described suggests any criminal activity has occurred.  If anything, you might have some civil liability, so I'd strongly suggest you put your business liability insurance carrier on notice of this man's allegations.

  2. 49 minutes ago, Jacque said:

    they are both on the loan.


    And also both on tile, right?



    49 minutes ago, Jacque said:

     Is this illegal?





    49 minutes ago, Jacque said:

    Can she do anything to stop him


    The reality is this woman willingly made a very dumb decision to sign on a mortgage she can't afford to pay so that she could jointly own a property with a man other than her husband (and I'm assuming that the two of them did not enter into any contract to govern the terms of their joint ownership).  She may want to let the lender know what's happening and tell the lender that she'll fully cooperate with whatever it chooses to do.  The only good news is that, if the property does get foreclosed, she won't be personally liable for any deficiency if the foreclosure doesn't generate sufficient funds to pay off the mortgage plus costs of the foreclosure.

  3. 13 hours ago, Jacque said:

    he says that he will foreclose if she doesn't sign.


    Foreclose what?



    13 hours ago, Jacque said:

    i.m pretty sure he will force her out and have a family member buy the home.


    Why do you think this?



    13 hours ago, Jacque said:

    Even if he doesn't. ans and forces out, ruins her credit and leaves her homeless; is this not illegal?


    I have no idea what "this" refers to.  I also have no idea what "doesn't. ans and forces out" might mean.  Also, how do you think the man might ruin the woman's credit?



    13 hours ago, Jacque said:

    Can she do anything to stop him or press charges in San Bernardino, Calif?


    "Press charges" is a term that typically refers to criminal charges, and nothing in your post suggests that any crime has occurred or is likely to occur.  As far as "stop[ping] him," it's not clear what you're talking about.


    P.S.  You're the woman, right?

  4. 11 hours ago, Thebomb said:

    the Hollister ordinances are so gray, they can literally impound a dog for chasing a cat with intent to injure it.


    I doubt that very much since ascertaining a dog's intent is not possible.



    11 hours ago, Thebomb said:

    The case has had one hearing in dog court and is set to be heard in the superior court.


    What sort of case?  Is it a civil lawsuit filed by the victim of the dog bite?  Also, there's no such thing as "dog court."



    11 hours ago, Thebomb said:

    will she need to subpoena her witnesses prior to the hearing date, or can they just show up and testify?


    That depends.  Does she want to have recourse if, by some chance, the witness does not actually show up?



    11 hours ago, Thebomb said:

    Doesn't she have a right to get the discovery?


    Get what discovery from whom?



    11 hours ago, Thebomb said:

    How does she do this?


    Depends on the nature of the case.



    11 hours ago, Thebomb said:

    Will an email or certified letter get these documents?


    We have no way of knowing.



    11 hours ago, Thebomb said:

    The lady can not get an attorney to help her.


    Why not?



    10 hours ago, adjusterjack said:

    have her report the claim to her insurance company


    That will work if the case at issue is a civil lawsuit.  However, it sounds like that might not be the case.

  5. 1 hour ago, foolish said:

    You have to excuse me I accidiently omitted the the word "not" seeking certiorari to SCOTUS





    1 hour ago, foolish said:

    The issues are federal


    So...I assume we're talking about one of the circuit courts of appeals.



    1 hour ago, foolish said:

    I just want to know if I have to wait for the mandate, basically the mandate issues on the 91st day from an appellate court when no petition is filed at the SCOTUS.


    Wait for the mandate to do what?  "[R]efile an identical or similar complaint with the same court"?  You ignored the question I asked previously:  Why would you "refile an identical or similar complaint" -- with any court, much less the same court?  If the case has been adjudicated and an appeal becomes final, then any "identical or similar complaint" would presumably be barred by res judicata, and that would presumably be the case whether you file it before or after the mandate issues.


    Also, where did you get the idea that "the mandate issues on the 91st day from an appellate court when no petition is filed at the SCOTUS"?


    FRAP 41(b) states that "[t]he court’s mandate must issue 7 days after the time to file a petition for rehearing expires, or 7 days after entry of an order denying a timely petition for panel rehearing, petition for rehearing en banc, or motion for stay of mandate, whichever is later."  FRAP 41 doesn't say how long one has to file a motion for stay of mandate.


    FRAP 40(a)(1) provides that the time for filing a petition for rehearing is within 14 days after entry of judgment (except for governmental parties).

  6. 59 minutes ago, foolish said:

    I have jurisdictional question.  A court of appeals affirmed a lowers decision recently I believe favorably to me under the circumstances.


    What state (or federal system in what state)?



    59 minutes ago, foolish said:

    I filed a notice that I will be seeking certiorari to the SCOTUS and that mandate issue.


    Huh?  If the appellate court's decision is favorable to you, why would you seek to appeal to SCOTUS?  Also, what do the last four words of this sentence mean?  The process for seeking certiorari is to file a petition for a writ of certiorari.  You don't file a notice that you intend to do that, and unless there's some oddball state process involved, you wouldn't also seek a writ of mandate.



    1 hour ago, foolish said:

    My question is do i have to wait for the mandate order to issue or can I refile an identical or similar complaint with the same court before mandate issues, so I won't waste any valuable time?


    Without context, this question makes virtually no sense.  What mandate are you talking about?  Why would you "refile an identical or similar complaint" -- with any court, much less the same court (same court as what)?

  7. 21 minutes ago, Asheben92 said:

    Someone told me that the monthly amount goes on a prepaid card from the government and then hed make payments back to them. Yes I know that isn't true at all lol.


    Anything like that would depend on the laws of your particular state, which you didn't identify.  That said, I don't know any state where the state will pay child support if the payor parent doesn't pay.  However, you can request assistance from the state or local child support enforcement authority and, if you request and receive public aid for your child, then the agency that provides that aid will seek to collect from the father.


    7 minutes ago, spectrometer33 said:

    Where do we file?


    At the moment, the only place you can properly file is in Maryland because that's where you both live.  That one or both of you "plan" to move elsewhere at some undetermined point in the future doesn't change that.  If you want to wait until one or both of you moves and establishes residence in another state, then you can file somewhere else.  Keep in mind that, under Maryland law, a "no fault" divorce requires a minimum 12-month separation.  Delaware requires no such separation period, but one of you will have to live in DE for at least six months before filing, and it will take at least six months from the date of filing before the divorce can become final.  You can google "delaware divorce grounds" and "maryland divorce grounds" for more information.



    9 minutes ago, spectrometer33 said:

    We were married in Delaware.


    Doesn't matter where you were married.



    9 minutes ago, spectrometer33 said:

    do we require an attorney?


    We have no way of assessing either your or your husband's ability to handle a simple, uncontested divorce.

  9. 27 minutes ago, acoentus said:

    Do I need to get my own lawyer to defend myself (once I get a summons I assume?) or can I depend on my previous insurance company that the claim was filed against to really defend this?


    The insurance company whose policy was in effect at the time of the accident has a duty to provide an attorney to defend you.  The insurer also has a duty to settle within policy limits, if reasonably possible, and to take reasonable measures to prevent an excess judgment from being entered against you.  You said you got copied on this letter, so I assume the letter was sent to that insurer.  Nevertheless, you should contact the insurer to confirm that the letter is being given appropriate attention.


    I agree that you have little to worry about.

  10. 30 minutes ago, AlkiDiver said:

    Should I file a police report today. . . .  should I lawyer up and pay the fees and take my kids grandmother to court?


    Sure.  Why not?


    Or don't.


    Do the opinions of anonymous strangers on the internet who haven't seen any of the relevant documents really matter to you with respect to these things?



    30 minutes ago, AlkiDiver said:

    and have her and her co-conspirators interviewed today


    If you file a police report, whether the police choose to do anything in response is entirely up to them.  Don't be surprised if they tell you this is a matter that needs to be taken up in civil or probate court.

  11. 1 hour ago, emanter said:

    I am trying to verify a statement that a contractor made in regards to liability. I was told that if a piece of equipment had a damaged part and we remade the part instead of purchasing a replacement (part was no longer available) that the company and the technicians who did the work are assuming liability if another failure were to happen and an injury occurred.


    I'm not sure who "we" are, but it is certainly possible that, if a person or entity who makes a part for a piece of equipment and that part fails and causes injury, the person or entity who made the part could be held liable.  Of course, such person/entity might have liability anyway.  Obviously, it depends on the particular facts of what happens.



    1 hour ago, emanter said:

    any codes I can reference


    Obviously, "codes" vary from state to state, but this isn't the sort of thing that's going to be found in statutory law.  Unless you're a lawyer (which you likely aren't given that you asked the question), then "senior management" certainly isn't expecting you to cite legal authority.  All you need to do is point out that the issue exists and that it should be vetted with legal counsel and the company's insurance agent.

  12. 1 hour ago, Dewsieq said:

    Well as it looks He is very ill and not doing well but THEY are anyone who he owes debt to without my knowledge


    South Carolina is not a community property state, so the extent to which you might be liable for debts he incurred without your knowledge or consent will be extremely limited.



    On 8/24/2019 at 6:07 PM, Dewsieq said:

    He had debt for something this past year and they took 1,700. Tax return


    I'm not sure if this "they" is the same as the other "they."  In your follow up, you wrote that "the v.a [t]ook [your] income tax as payment for his v.a. bill."  I'm not sure what a "v.a. bill" might be, but the U.S. Veterans Administration would be able to garnish federal income tax refunds.  I do not believe that any creditor other than a federal agency or state spousal/child support enforcement agency can garnish federal tax refunds.  In any event, the way to make sure that future tax refunds are not taken is to file separate returns and/or make sure that your withholding from your paycheck is such that you don't end up with a refund.

  13. 8 hours ago, Asheben92 said:

    In the divorce agreement the judge court ordered my childs father to pay support but since hes unemployed what will happen?


    Ummm...not really sure how you expect us to know the answer to this question any better than you do.



    8 hours ago, Asheben92 said:

    Will the payments just keep adding up until he decides to get a job?


    If he doesn't pay, then yes (although getting a job is no guarantee that he'll pay voluntarily).

  14. On 8/24/2019 at 6:07 PM, Dewsieq said:

    can they take my motor home for his debt if he files bankruptcy or make me sell it?


    Who are "they"?



    On 8/24/2019 at 6:07 PM, Dewsieq said:

    How can I protect what I worked hard for?


    Among other things, consulting with a divorce attorney might be in order.

  15. Last time I had a fix-it ticket, I went to a local CHP office and got it signed off.  I then took what I got from the CHP to the court, and that was that.  Obviously, you should read what your tickets and the courtesy notices you receive say about this.


    17 hours ago, Jessica said:

    If he is the father, does he have to pay back child support and can he give up all parental rights with no child support?


    No and no.



    16 hours ago, Jessica said:

    She doesn't want my husband involved in the child's life at all. she just wants him to give her money.


    That has nothing to do with anything.  If he is the father, whether or not to be "involved in the child's life at all" is entirely his choice.  Whether or not to provide financial support for a child he chose to create isn't.


    By the way, any chance that the mother's "first child's father" is her husband?

  17. 1 hour ago, Tarheeltim said:

    What can I sue for?


    Anyone can sue anyone for anything, but your landlord's decision not to renew your lease is not legally actionable (and, honestly, why would you want to live in a place owned by a landlord who took six months to repair a septic issue, whom you had to sue, and who doesn't want you as a tenant?).

  18. 58 minutes ago, No fault. said:

    does she have any claim given the divorce was no fault...her idea by the way?


    That your divorce was of the no-fault variety is irrelevant to this issue.  You told us that the divorce "was settled," so this should have been covered in the settlement agreement.  Was it?  If so, what does it say?  If not, why not?  Were you represented by counsel in connection with the settlement?  Was your wife represented?  Who drafted the settlement agreement?

  19. 1 hour ago, shonette said:

    I live in California .What is required by law from an employer to make available heath insurance coverage?


    As a general matter, no employer is required by law to provide health insurance coverage



    1 hour ago, shonette said:

    I have received no sick leave, holiday pay, no vacation benefits. I would like to know what i am untitled to from my employyer


    You're entitled to be paid a wage or salary that is at least $12 per hour (unless you're in one of the few cities that has a higher minimum wage).  You are not entitled to paid sick leave, holiday pay or paid vacation.



    1 hour ago, shonette said:

    One of my co workers gets these benefits. Holiday pay m paid vacations, sick leave and she works the same amount of hours I do. Is that legal to discriminate in that matter?


    What does "discriminate in that matter" mean?  No law requires that every employee be treated identically.  However, if your co-worker is being treated differently because of something like race/ethnicity, gender, religion, etc., then it might be illegal.  Do you have reason to believe something like that is happening?


    When you asked your boss about the possibility of getting these various benefits, what response did you get?

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