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pg1067

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Everything posted by pg1067

  1. Quite possibly. You can submit a complaint with the HHS for the apparent HIPAA violation. Actually, he shouldn't have answered the question at all seeing as how the person asking was not your spouse.
  2. Please realize that, not only was this a terrible idea, it was also a breach of the rental car contract and, quite possibly, a crime (since you rented a car and represented that no one but you would be driving but knew at the time of renting the car that you intended to let someone on the "do not rent" list drive it). Moreover, it means your own liability insurer isn't going to provide coverage, and it wouldn't surprise me if you're now on the "do not rent" list. Well, then you're going to need to figure out a way to pay the rental car company. The chances of you winning a small claims suit against this guy seem pretty good (assuming you can find him in order to serve him), but I agree that you probably have almost no chance of actually collecting.
  3. Not saying I think you're wrong, but anyone who is in the business of repairing cars and doesn't carry liability insurance is a long list of unkind names.
  4. Cool...do you have a question that hasn't already been addressed (or any point whatsoever)?
  5. Let me get this straight. You rented a car. Someone else drive and caused damage to the car. I assume "unauthorized driver means that he wasn't listed on the rental contract as an authorized driver, but does it also mean that he used the car without your permission? Or was he using the car with your permission? Your response to "adjusterjack's" question about this issue is ambiguous. Just also to confirm: the accident was reported tot he rental car company, right? I assume you meant to type, "In addition to the damage to the car. . . ." Has he (or his liability insurer) paid for the damage to the car? What does "the cost of the days the car was rented" mean? Are you talking about what you paid to rent the car? Or are you talking about the rental car company's damages for loss of use of the vehicle while it was being repaired? You can take him and me and the Queen of England to court. Anyone can take anyone to court. Heck, one guy even sued Satan. Depends on your answers to the questions I asked.
  6. So...you crawl out of the woodwork two years after your last post solely to write garbage like this? Your comment might be better received if you actually had something useful to contribute. Interesting comments given that you seemingly had no issues with my responses to two threads you started years ago.
  7. 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. 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. 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." Neither failing to finish repairs nor accidentally (I'm assuming) damaging a vehicle is a crime. 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.
  8. We could all engage in ignorant speculation about the facts mentioned in your post, but what good would that do? You apparently need to find better friends and get treatment for your drug problems. Otherwise, you can expect to be in and out of jail/prison until the drugs kill you.
  9. To the best of my knowledge, no lawyers from Illinois follow these boards regularly, so my suggestion is that you continue to put distance between your criminal/drug addict past and consult with a local attorney.
  10. And also both on tile, right? No. 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.
  11. Foreclose what? Why do you think this? 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? "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?
  12. I doubt that very much since ascertaining a dog's intent is not possible. 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." That depends. Does she want to have recourse if, by some chance, the witness does not actually show up? Get what discovery from whom? Depends on the nature of the case. We have no way of knowing. Why not? That will work if the case at issue is a civil lawsuit. However, it sounds like that might not be the case.
  13. Ok. So...I assume we're talking about one of the circuit courts of appeals. 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).
  14. Most lawyers are interested in billable hours. Call some and ask or use the "find a lawyer" feature at the top of every page at this site.
  15. What state (or federal system in what state)? 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. 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)?
  16. 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.
  17. 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. Doesn't matter where you were married. We have no way of assessing either your or your husband's ability to handle a simple, uncontested divorce.
  18. 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.
  19. 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? 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.
  20. 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. 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.
  21. 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. 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.
  22. Ummm...not really sure how you expect us to know the answer to this question any better than you do. If he doesn't pay, then yes (although getting a job is no guarantee that he'll pay voluntarily).
  23. Who are "they"? Among other things, consulting with a divorce attorney might be in order.
  24. 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.
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