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Found 127 results

  1. 7 years ago, my neighbor planted Bamboo Trees along his >> property line. The Bamboo is pervasive and has grown over on our >> property. We have to rent "BOBCATS" to dig it out. Do we have any >> recourse to him for our time and expenses?
  2. Ok, my brother has a bad attorney who doesn't explain much and is very hard to get a hold of. He told my brother that his wife has scheduled a hearing. That is was standard for the person who filed for the divorce to do. Question: If there is already a settlement agreement filed with the clerk's office, why would there even be a hearing? Haven't they already settled on everything by both of them signing it? There were no other un-resolved issues. When my brother asked why everything was taking so long, ie the final decree, his lawyer told him that his wife needed more time to get her papers together. Thank you.
  3. City probation warrant over 3 years old. It was a misdermenor. Probation office being unreasonable. I want to settle it but they want let my attorney see the warrant till I turn myself into the jail. Why can't I just get a court date and save all of us a headache. After all I am trying to fix this.
  4. If you received diversion and then a dismissal in your case (shoplifting) is that a conviction on your record? If you received the Georgia First Offender Act and then a discharge is that a conviction on your record? If you have had a record expunged is that a conviction on your record? If you have had these three things and received a dismissal, discharge, and an expungement (you are one lucky boy!)...three cases....if there were (there is not) a future charge would the court system count the dismissal, discharge, and expungement against you? God bless you for assisting me....I truly appreciate it.
  5. Hi there! When child support was initially calculated, it was done incorrectly while drawing up the divorce papers. The lawyer who was incorrect admitted that it was wrong as well. But, then that lawyer said that the wrong amount could not be legally changed because the two parties agreed to it in an email before the mistake was even known. Bound by their email, so to speak, even if it was incorrect because of the lawyer. Does this sound correct? Can this happen? Thank you!
  6. A retired military member passed away in Dover, Delaware. At the time of his passing, his family was under the impression that he was divorced from his estranged wife, who for the past 8 years has not resided with the deceased member. The marriage took place in the Caribbean back in 2000 or 2001, while both members were Active Duty, stationed at Warner Robins Air Force Base. After the passing of the member, the family learned through the estranged wife, that they were still married. The family has done a public records check with Houston County, Georgia for a copy of the marriage certificate that should have been filed after they were married out of the country; however, there is no record of a marriage certificate. Additionally, the military has no copy of a marriage certificate in any of their records, yet still allows the estranged wife to keep a military ID (which is a whole different issue). At this point, is it safe to say that there is no legal marriage?
  7. If both parties have signed the settlement agreement, then what does "pending deposition" mean when the case is pulled up on the court website?
  8. What is the process of trying to collect back child support? Does the person that is behind 7 months go directly to jail? Thank you!
  9. In the temporary consent order, the visitation for the father is Sat or Sun 11a-8p. In the settlement agreement, the father will have 5p Fri to 5p Sun. After the papers have been signed and before the final papers have been decreed, which visitation schedule should be followed? Thank you!
  10. Hello. If both parties have signed the divorce papers and have been submitted to the county clerk, can one party withdraw their papers before they are finalized? Thank you!
  11. I have a full custody of my kids, The mother and I have a custody agreement. We meet half way every three weeks for weekend visitation. The trip is three hours one way. I just found out the mother is in California and will be for 2-3 months. The grand mother is generally the one that picks the kids up. Am I required to let them go to Tennessee on the weekend agreed to since the mother is out of state and won't be there for the weekends that the kids are visiting? The custody agreement is thru the Tennessee court system.
  12. I hope I have this in the right category, since this involves a combo of civil and revocation matters. Another terminology problem; This is also a totally different question from the ones i've asked, though it is the same case. I need to know the difference between a "complaint" and a "writ" of habeas corpus, or have I totally misread that? I can't find anything on filing the rather ambiguous term "complaint" that would apply to my situation. This is strictly a terminology question that I have not asked about before; the use of the term "complaint" associated with a habeas corpus. Recently, when I tried to take an appeal to the federal dist. court, the Court ORDERED me to refile it as "a complaint or writ of habeas corpus" under penalty of dismissal. I did find an example of a "Verified complaint and Petition for Writ of Habeas Corpus" after he made that ruling, but I'd not seen that use of the term before. Was the term "complaint" not associated with the term "habeas corpus" , or was it a totally different kind of action I could have filed? "complaint' is such a broad, ambiguous and generic term when not used in conjunction with some other legal term or action, I am just wondering. I know this is associated wiht a previous question I asked, but there are countless issues in a rather gross example of judicial abuse on the part of several courts now, like changing my criminal record to accomadate rulings after they are made. That's why I'm on probation for a crime I was never even indicted for. The Court knew quite clearly that I was not in custody when I filed the original action, so I took that to mean a writ of habeas corpus, assuming the term "complaint" was being applied along with "writ", especially since one of the issues was me being on probation for a crime I was never even charged with, which would qualify me for a writ of habeas corpus; I was not aware of different variations. I'm wondering if that had any bearing on me being denied by the same Dist Court who ordered me to file that type of action also denying me primarily for not being in custody, when it was made clear that I was a probationer pro-se to begin with. BTW, the 'verified complaint and writ of habeas corpus" i found was concerning a civil child custody issue in a Fla. court. I thought you had to be in some sort of custody (at least probation on an invalid sentence like me) to file a habeas, but maybe some states have it differently despite federal law trumping them. This is rather confusing, as always. I appreciate any time taken to answer this, and I only am actually asking about the term "complaint" and its use here, but I added the rest to clarify its use by the court. Thank you again.
  13. I found two differnt time limits for Fed rules of civil procedure 59(e), for fling a motion for amended judgement. Another long story......but two sources say 10 days after entry of judgement, and two others say 28 days. I hve no idea which is right or why they would contradict each other. One is from cornell.edu http://www.law.cornell.edu/rules/frcp/rule_59 This other source says 59(e) says 10 days after judgment. http://www.federalrulesofcivilprocedure.info/frcp/VII-JUDGMENT.htm#Rule_59._New_Trials;_Amendment_of_Judgments THis source says 28 days. http://www.federalrulesofcivilprocedure.com/rules/rule-59-new-trial-altering-or-amending-a-judgment/ and this source says 28 days. What the blazes? http://www.trucounsel.com/index.php/title-vii-judgment/frcp-59 This is beyond confusing, and reveals alot about why no two court decisions are alike and why so many courts just ignore the law and make it up as they go. Thanx for any input.
  14. I am currently being sued for property damage to a laptop and I am looking to use a letter as a defense in addition to a witness at the trial. The plantiff claims I broke into her computer and installed viruses on it. We were currently deployed on a military installation, and the matter was brought to our leadership. My Master Sergeant brought it to a computer technician to look at, and the tech found nothing wrong with it. The plantiff claims that the computer technician did find something wrong with it. I have a memoradum of record from this MSgt about the incident which includes that he was told nothing was wrong with this laptop. This MSgt is currently in another state and cannot make it to trial to testify about what he was told. Would this letter be admisable in court? Would it help if the letter was noterized or anything? If not, then does her claim that another person found something wrong with her computer also fall under this hearsay rule? This is her only "evidence", and my witness and this letter contrict this claim. Can I also say that her claim about the tech's findings is hearsay and therefore not admisable? Thank you, and let me know if further details are required.
  15. I believe my case is unique in its extreme. DOES THE CLERK OF THE US FEDERAL CIR APPEALS COURT HAVE THE AUTHORITY TO SEND MY REQUEST and correction BACK TO ME W/O PUTTING IT BEFORE THE COURT? (after stamping it btw). I am a probationer with several yrs of representing myself in a case where I was revoked 2 yrs in 2009 for "failing to admit guilt" and for missing a "counseling" session in another city while I was in the county jail 60 miles away on the probation warrant. I'm now out on probation, and am still fighing this obvous miscarraige of justice to get it reversed. I've made it to the Federal Circuit Court of appeals for this circuit, after going thru the STate courts then the Federal Dist. Court -(incredibly long and amazing story) - but this question concerns the most recent developement where I think the clerk is exeeding his authority to keep the Court from seeing my latest submission. The clerk returned a Petition requesting the court correct its denial of reconsideration since it was technically SENT TO THE WRONG PETITIONER AT THE WRONG ADDRESS (addressed to a PRISONER with the same last name but a different first name, rather than sent to ME, who is a PROBATIONER with a different first name. The clerk just stamped it and sent it backto me saying that I 'cannot not file more than one request for reconsideration', without him sending it to the court, though it was NOT a second request for reconsideration. it was a notice of error and a request for correction - I thought it was up to the Court to decide if something should be rejected or sent back. I wanted to force them to actually read the Habeas I had originally sent. SEE BELOW. 1. The fed Dist. Court had ordered me to refile an appeal action I submitted as a habeas corpus, clearly knowing that I was a probationer and NOT a prisoner in custody or prison. I had made it quite clear that I was a probationer continuing the court actions that had been in progress since 2009,and that I'd been released in early 2012. 2. The same Fed Dist. Court judge then denied the habeas corpus that HE HAD ORDERED ME TO FILE, for the reason that I was "NOT IN CUSTODY," penalizing me for obeying his own Court order. He denied my request for reconsideration, ignoring the issues, changing the case at bar (as all the STate courts had) and not even addressing the issue of him having ORDERED me to file the habeas to begin with. 3. I then appealed this to the US Federal Circuit Appeals Court for this circuit, clearly lndicating that I was being penalized by the Dist. Court for 'obeying its own order', making this contrary order/denial the primary issue (of 16 seperate slam dunk issues) and enclosing the contradictory orders as exhibits. I made it clear that I WAS FORCED to file my action as a Habeas corpus due to the direct order of the District Court that had ORDERED ME TO FILE MY ACTION AS A HABEAS despite it being quite clear that I was a PROBATIONER AND NOT A PRISONER WHEN I FILED THE HABEAS; 4. The Federal Cir. Appeals Court THEN ALSO denied me for the same reason: that the Dist. Court was correct; I could not file a habeas since I was not in custody. No issues or facts were addressed, despite me having repeatedly made it clear that I had no choice but to have filed it as a habeas under the direct order of the same Dist. Court that denied it, enclosing the contradictory rulings of the Dist. Court that had ordered me to file it as such then denied it for me not being in custody. It was like they had not even read the thing. Two justices made the ruling. 5. I then filed a request for reconsideration to the same Federal Cir court of appeals, which sent me a denial by the SAME TWO JUSTICES that changed my name and changed me from a probationer to a Prisioner; they had obvoiusly not even read i. I had made it repeatedly clear that I was a PROBATIONER named CARL J_____, but they just issued a generic denial with no elaborations, ruling that "Petitioner is a PRISONER NAMED CHARLES J_____". This is not just a mispelling of my first name, it is technically not me, as I am a probationer named Carl, not a prisoner named Charles. This would in fact invalidate their previous reason for denying me due to me NOT being in custody, and they would have sent it to the wrong address If I'd been a prisoner in prison. 6. I then, as a pro-se Petitioner who could find no similar precedent or rules that came close to addressing this bizarre and obviously deliberarte miscarraige of justice, filed what I called a "REQUEST FOR CORRECTION, REQUEST TO VACATE AND NOTICE OF ERROR REGARDING DENIAL OF RECONSIDERATION SENT TO THE WRONG PETITIONER AT The WRONG ADDRESS." I obviously was not a prisoner named Charles G_____, so they had made a ruling regarding HIM, not a probationer named Carl G_____, (ME). I HAD NOT FILED ANOTHER REQUEST for RECONSIDERATION. They had sent it to the correct address, but technically my home address could not be the correct address for a prisoner by another name. The clerk stamped it and sent it all back without forwarding it to the Court, with a note that said that I could not send a second 'Request for Reconsideration.' It had been obvious that a jr clerk at the bottom of the note had sent it to the sr clerk not knowing what to do. I can find NO such authority to retitle a petitoin and send it back without presenting it to the Court. I could find nothing in any Fed. Court rules including 55( and rule 77©(2) that allows the clerk to reject actions like that without submitting them to the Court. DOES THE CLERK OF THE US FEDERAL CIR APPEALS COURT HAVE THE AUTHORITY TO SEND MY REQUEST AND CORRECTION BACK TO ME W/O PUTTING IT BEFORE THE COURT? I am in the process of doing a 'Motion for a Hearing' to try and get this before the Court. All of this concerns an out of time appeal I filed and argued myself while I was in prison in 2011 for "failing to admit guilt" , argued it in the local superiour court, where the local judge changed the case at bar, refused to allow me to present my case or any arguments (despite the lack of a jury), argued the State's case for them while the DA remained silent thru the entire hearing, refused to honor my subpeonas for witnesses and evidence, subborned perjury from my former counsel, did not grant me cross exam opportunity, and refused to acknowledge my objections or make any comment on them. He cited felonies that did not exist on my record, including a charge that had been dropped in exchange for a guilty plea thereby violating the plea contract, the same dropped charge was cited as a convictoin by the Appeals Court, and the Ga. supreme court just denied me w/o comment. NOT ONE ISSUE was ever addressed by any court, and NOT ONE COURT actually addressed thier decisions to the actual case at bar. NOTE: two days after I filed this oddly named request, I filed a mandamus, on the same case, since it should still have been open, but that's another bag of monkeys. This Sounds insane I know, but it is real, and I have backed it all up with records, including my illegally and deliberately changed criminal record, all of which have been ignored by every court without comment. The State has also changed my record and added a felony to it that I was never even charged with, replacing a 1997 conviction for a crime that deos not exist in Ga. law because it sounds similar. No high court has addressed any of this. I just want to know if the Clerk can send my stuff back under these circumstances without the court seeing it. Thank you. CARL G__________ AKA Enforcer1957.
  16. Is it normal for one party to sign divorce papers at her lawyer's office without getting it notarized and without putting the date on it, and then, when my brother signs it at his lawyer's office, they notarize it there and then fill in her date? Thank you!
  17. Hello, thanks for taking a moment to read my post. The short version: I was enrolled in doctoral program but a few things happened and long short I ended up with an $8,000 balance that I did not have the money to clear up front. As a result the university sold my debt to a collection agency that I am working with to pay off my balance in full which has jumped to $10,000. Now, (1) my university is showing a $0 balance under my student account, (2) they were paid by the collection agency when they sold my debt, and (3) they ‘wrote off’ the debt at the end of the tax year and as I understand it received some benefit from that as well. All this said they still have a financial hold on my account which means I cannot get my transcripts which I need for a new job. When I called the university to inquire about whom I actually owed money to (the university or the collection agency) they said the collection agency but that the agency would send them a letter (not money) once I had paid the bill in full and at that point they would release my hold and by default my transcripts. The payment arrangement I’m looking to make with the collection agency will be incremental spanning 2 years. Does this mean I need to wait 2 years for my transcripts? I guess it seems to me since I don’t actually owe the university and since they have received some financial offsets for my balance (the tax write off and capital from the sale of my debt) that they should be able to release the financial hold on my account. Please share your thoughts on this situation. Do I have any legal recourse? The university is online but based in Minnesota and I currently living in Georgia… Thanks!
  18. My brother is a firefighter and works 24 hours and then has 2 days off. Some of his work days fall on the days that he has visitation. Also, on his weekend visitations, if he is gone for more than 4 hours then he has to forfeit his entire weekend according to the papers. He will always work one day; therefore, he will be gone for more than 4 hours of his visitation which means that he WILL NOT even see them once that weekend. How does one handle this situation? Does this happen to other firefighters? How should that be addressed in the papers? Has anyone even heard of this 4 hour stipulation? Thank you in advance for your responses. He is working with a lawyer, but additional information is required.
  19. I have been trying to research manufacturing charges in the state of Georgia and cannot find any useful explaination. A friend of mine was arrested on that charge and his previous lawyer was told by law enforcement the plants were too young to test and really nothing to prove they were marijuana plants but the charge is still pending. What factors come into play in order for this charge to stick? I know this is a vague question and willing to respond if more information is needed to help answer. Thanks in advance for any helpful information.
  20. I paid a $250.00 deposit to get my electric turned on at a new residence. The deposit is kept for three years. After that it is returned pro- viding that you have paid your bills on time for the 3 year period. My question is " Am I entitled to get intrerest on my deposit after the three years". All bills have been paid on time.
  21. I was terminated by my former employer, a GA-based LLC subsidiary of a German company, after 2 years of employment, after being arrested for illegal possession of narcotics. My title was Sales Manager, however, I was responsible for all aspects of one division of the company which engaged in professional information technology consulting services. After approximately one week of incarceration I was visited by my supervisor who asked for permission to enter my vehicle using a locksmith (it was located in a restaurant parking lot, not impounded) to retrieve their laptop (this was the company laptop assigned to me). When I recently inquired about my final paycheck, I was told that there is no balance due at the present, because of their costs associated with the matter. They are holding against my May base salary based on the following expenses they incurred and that they feel I should be responsible for: 1. 3h at USD 300 each in total USD 900 cost Lawyers to get our Computer out of your car. 2. Locksmith to open your car USD 105 3. Cost [employer's name] 3h at USD 175 each in total USD 525 (note this is for my supervisor's time in dealing with the matter) 4. Cost in total USD 1535 To me all except the locksmith cost seem to be the normal cost of doing business. As for the locksmith, I never agreed to pay for this, and would have simply released my keys to them from the detention center had I known I would be responsible for this cost. In essence, I felt I was doing them a favor by making the laptop available more quickly. Also, of note, my work was all up to date and my customers were happy. My supervisor even told me that up to this point they were happy with my work, but at this point they were not comfortable moving forward with my employment, which I understand. My issue is simply the fact that I feel they are in the wrong for withholding this money. Please let me know if anyone has advice regarding my next steps.
  22. I was storing personal possessions for less than 1 year in a small cargo trailer that belonged to an acquaintance This was done in good faith and trust. The trailer was stored at this individual's personal business. I have been ill and in recovery, therefore, I have not had the means to move my belongings. Today I contacted this individual as a friend was going to help me retrieve my things from the trailer. I was informed at this time that my things had been disposed. I was not given any notice of any kind of his intentions to "give" my valuables away. Pertaining to GA Law, was this legal?
  23. The Justice system here in Southeast Georgia is corrupt and broken. Here are the details of what just transpired. On Friday June 13th at 9:30 A.M. in Waycross, Georgia in Ware County; I had the Ware County Sheriffs Office come to my work with an arrest warrant for contempt of court charges. Allegedly I was not making my child support arrears payments when the Judge reviewed (1) of my 2 child support cases. I was jailed for 4 days and missed out on 2 days of pay. My family had to come up with a "Purge" amount of $2,500.00 before I could be released from the Ware County Jail. After I got out of jail the following Monday June the 16th, I went to the Child Support office to find out as to why I was arrested. I had kept proof of all my receipts that I had made to show that both of my arrears payments were sent in a timely manner. Keep in mind I only have (1) child but, I have 2 child support orders for the ONE child on file in the State of Georgia. As it turns out the Child Support payment system does not split the payments so the payments I had been making only went to ONE Child Support Order. The case worker at the child support office noticed that I had in fact made my arrears payments and in fact that the payments went to only the ONE of the 2 child support orders. If the Judge had looked at both of the child support orders he would have seen that I was in fact making my payments and all would have been just fine. I was arrested, humiliated, kidnapped and held for ransom for 4 days being held in the Medium Security detention center in the Ware County jail. I was never notified of the Judges decision to have me appear before him about the decision of an case review or follow up. Little did I know also that my drivers license had been suspended as well. I never received any notices from the court system or the Child Support officers that I had legal action pending for over the past 30 days. My 13th Amendment right that protects me from "Involuntary Servitude" had been broken and my rights under the 4th Amendment had also been broken when I was incarcerated at the Ware County Jail facility when upon entering their facility to begin my incarceration. I had in fact committed NO crime and I had in fact NOT violated any of the Courts Orders when it came to paying Child Support arrears. What should I do and is their anyone to contact to help me figure this out. My Constitutional Rights have clearly been violated and now I am reaching out to find out what legal recourse is available to help me prosecute these corrupt officials within the legal system here in Ware County, Georgia.
  24. I bought a used car in private sale and was sent the title in the mail.The title had not been processed properly and had a trail of 4 transfers including me. There was a lien release stamp as well. So orig buyer(1) financed >>paid off signed over to buyer(2) >> sold back to orig owner(3) >>sold to me (4). I traded car in, told by dealer best fix is to get POA from seller(3) and request new title from DMV. Told by DMV that title has lien. (a) is it illegal to sell car with lien on title? ( also , I never received Bill of Sale or Emiss Cert. I do have numerous emails re payments, that title being mailed to me © What is my best next step? I have no money, I am disabled. Is there someone I should contact? Can anyone please share insight? This is clearly Consumer Protection law.
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