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Found 211 results

  1. boddkr2

    Attorney Malpractice

    I will be as brief as possible. PLEASE ADVICE AND HELP. I filed for Disability in 08. I was denied. My then Attorney a (retired judge) stated the Judge was going to be rough to get approval because he doesn't agree with my lifestyle. I was floored and I told him I was seeking new counsel on grounds he didn't stand up and fight for me. I appealed my denial and hired a new attorney. I explained everything to new attorney and made sure that he would stand up to this judge if he felt my lifestyle (I am a Lesbian) was going to be a deciding factor instead of my illnesses and disabilities. It took some time to get in front of judge again, I think it was 2011 at this point. The hearing didn't go so well, and the judge was very rude and argumentative. He interruptive everyone and I felt my attorney held his own. 2012 I received denial letter. I was approved physically disabled however mentally was denied. Long Story short in his rambling he mentioned that my mental health issues where due to my relationship issues and it was mentioned 15 times. He finds a way to bring my relationship up in my DENIAL 15 times. I met with attorney who assured me we were going to appeal and there were medical records not received and the discrimination would be addressed. I then sign a new contract with attorney and waited. I became ill and was hospitalized and I had a few surgeries. Due to health I had to move to another state I always called in to his office or emailed my paralegal to give updates on medical and update phone number and file. It is now 2015, I find out threw Social Security that a appeal was NEVER filed and my case was CLOSED. 7 years I had been fighting this case. I call my attorney and he has left the firm and opened a new one. I was given his contact information from his old firm. I, my file, my case was LOST in the shuffle the MOVE and he wasn't even aware that the appeal wasn't filed and my case was closed. I LOST all my points, I haven't worked since 2008 and any back pay is GONE, I live in another state and opened new case here. The good thing about that I will go in front new judge when the time finally arrives. My attorney has apologized profusely and is on the new case. He is doing it for free now. He keeps saying we will address the " old case" when in front of judge and it will be explained that he LOST my whole FILE and didn't file the appeal. I do not trust him or that the old case will be addressed. What do I do? How do I address all this? This is my life and I am drowning here and the people who are supposed to help me sink me further. Do I need a malpractice attorney? Any advice or suggestion would be great Thanks
  2. Mom of many

    Lunch laws

    Is it perfectly legal without repercussions to snatch both my sons lunches out of their hands and toss in a trash in front of them and deny them lunch due to a less than 11.00 lunch balance ? Furthermore to offer them nothing else to eat . While they sit and watch other students eat and can't leave lunch period after being publicly humiliated and hungry ?
  3. Shirleygirl

    heirs left out

    My father won the lottery in 1996. 17.5 million. He was married but seperated and subsiquintly married and divorced twice, 50 some odd years her senior! They seperated on the honeymoon after he recieved photos of bride to be in a hot tub the day of the nuptials! A couple of weeks later (he had hired attorney to get annulment) my father was run over during a daily routine on his bicycle! I have paper trail of the people responsible for death! He lived 9 months in a vegetative state! I am his only child! I became poa of the estate till his death then my son became personal representative! In his will I was to get the bulk of the estate then my 3 children! With that being said all I got was 0 and a fraudulent lawyer who made false accusations mainly over the wrongful death suit that he filed . I had no prior knowledge to this. I have spent the last 9 years plus researching gathering information as well as suffering a stroke. He died in 2010! To say the politics of the county where this took place has the reputation that is much to be desired! What should o do?
  4. Legend1

    Warrant

    I was LPR and got into altercation with a customer at business place, first he was abusing customer and I politely asked him to behave insted of behaving he start abusing me, I refuse to serve him and told him to get out from shop, he pushes display items on counter while he was leaving from the place. As soon he left out I heared a sound like breaking front display glass for my safety I went out with my gun and saw that abuser customer leaving from parking lot. Unfortunately in frustration gun went off and later Police arrived at my place and I found bullet hit his car tyre. I was arrested and next day bail out. As a result I was charged with aggravted assult shooting on occupied vehicle. Before few days of trial I left USA for family emergency and my family didn't allow me to return to face trial because they fear may be lose case and get convicted. Now I want to come back Florida to fight my 16 years old pending case, my family immigrant visa approved and we have to submit our papers to NVC for consular processing. I need legal expert advice what steps do I have to take to come USA without causing any problem on our immigrant visa. I have never had any problem with the law. Can I release on Bail after arriving in case I am arrested?
  5. Can a company run a background check without permission and without the applicant filling out an application? Was a simple face to face interview
  6. Smoked Out

    Fire Pit Smoke

    I live in South FL. My neighbor has a fire pit, the SE ocean breezes direct the smoke on to my property and into my home. My property takes a direct hit because the neighbor resides behind me. I live in a residential neighborhood and the property lots are small and very close together. From my home to the wood fence that divides our properties, there is a distance of only 20 feet. I cannot move my house to avoid the smoke and even with my windows closed, my home can smell like smoke. I have lived in my home for 33 years, the new neighbor moved in 6 years ago ( I add this info just in case someone was wondering if I had moved in here knowing this was going to happen). I first tried speaking to my neighbor about the smoke from the fires and asked them to put them out. Ok so that didn't work out well, so then I tried to explain how it effects my health and property and even offered to buy them seasoned wood to cut down on the amount of smoke emitted (they refused my offer). The neighbor advised me that they would build smaller fires (at one time they were building huge bonfires) and told me that the fires were smokey because they had had a lot of leftover construction materials to burn (which is illegal because of the chemicals in treated lumber). The fires continued with the smoke, so over the past 6 years in order to resolve this issue, I have enlisted Code enforcement, sheriff's dept., fire dept., county EPA dept., and city officials (Commissioners and Mayor) for help. The neighbor was told by authorities to use only seasoned wood and to move the firepit away from the wood fence. The vice Mayor even visited their home and pleaded with them on my behalf. The only results have been to cause the neighbor to become more defensive and retaliate by burning more often and unfortunately they continue to burn what ever they want to. Last night they were chopping up and burning pallet wood (treated or untreated lumber, we will never know for sure) so I had EPA come out to document the smoke and the effect it is having on my property. The city that I reside in has a code that states that open burning is prohibited without a permit, but exemptions include fire pits if used for cooking purposes. So, as far as the city and the county are concerned, it's ok to burn wood in a fire pit for cooking, or any other appliance intended for that purpose. Unfortunately however, it can't be proven if they are cooking or what they are burning because no authority is allowed to enter the neighbor's backyard unless the neighbor allows them to do so. Wood smoke can contain up to 40 times more toxins than cigarette smoke and produces particulate matter as small as PM2.5 which the EPA considers to be harmful. The fine particle pollutants from wood burning are so small that they infiltrate even the most well-insulated and weather-stripped homes (closing my doors and windows does not protect me). Most of the harmful pollutants from wood burning don’t rise. They hang around at ground level for up to ten days. If you can smell wood smoke, you’re breathing it! The neighbors smoke is affecting my life style, my health, and peaceful enjoyment of my property. I should not have to beg to breathe smoke free air. So, when does smoke become a health hazard or nuisance to an adjoining neighbor? Do I have ANY rights, and how do I protect my rights if so? Do I have any other recourse or should I file a lawsuit against the neighbor or against the city for not protecting my rights? If a law suit is filed, should it be a civil or personal injury lawsuit? PLEASE HELP!
  7. Hello, I have been in near constant contact with Comcast regarding the same issue for over 2 years. They are the only provider in my area. I depend on my connection for my livelihood. I am a home employed special needs adult (ASD). Comcast acknowledges in writing that: 1) they know I depend on my connection for my livelihood. 2) they acknowledge that there is a history of ongoing issues in my neighborhood that have been ignored for at least 1 year. 3) they acknowledge it took them an entire year to finally have a technician sent to my location. 4) they acknowledge that after the technician left my location he recognized there are several issues yet he failed to report the issue to the appropriate department and there was never a work order created to correct the issues. At one point a technician came to my location and disconnected my service. I was given no advance notification and no follow up. I was attempting to print shipping labels when my model went dead. When I called Comcast no one told me that the line had been cut. It wasn't until several hours later that I learned what happened because I drove 45 minutes to the nearest Comcast. I was told my line was cut by Comcast due to a suspected data leak. There was no ticket in place for repair or resolution. I continued to receive bills yet no service and no acknowledgement from Comcast that I was not getting what I am paying for. I am paying for Blast internet which according to Comcast should provide me with a minimum of 10 MBPS upload speeds. I specifically ordered this service because I work from home selling hand crafted, hand sewn and and hand knit items on Etsy, eBay and Poshmark. Unfortunately because my upload speeds continue to time out and (or) disconnect I can't upload my product photos and videos. It is a week and a half before rent is due and I don't have rent because my internet isn't reliable enough for me to be able to upload photos and videos. Reliable internet is NOT a luxury for me, it is a necessity. This is pretty much a month to month issue and as a result I have blown through my entire savings and now am in danger of being homeless. Most recently contacted Comcast 3 days ago. The CS rep offered to send out a technician even thought it's already been established in a previous visit 5 months ago that the issue is not the modem or the wiring inside my apartment. I am so fed up that for the first time in two years I didn't bother responding to the service call. I instead contacted the Corporate offices in Philadelphia and instead of addressing the issue they returned the ticket back to my local corporate office. I was issued a $200 credit (5 months ago), and have received several credits to my bills over the last two years but it just doesn't cut it. I am missing paycheck after paycheck after paycheck because of this. Most recently one of the last representatives I spoke with threatened to cut my service and stated that Comcast can and will have me prosecuted for using the residential service to sell my items on Ebay, Etsy and Poshmark. She said I have violated many laws because I must pay for a commercial business line and if I don't I will be reported to the authorities for illegal use of internet. The thing is, I have read the Xfinity Internet Broadband Disclosures as well as the Acceptable Use Policy and know my rights as a customer. My use of the blast service is not considered commercial usage and that would make sense because anything else would insinuate that every eBay userworldwide is breaking the law! I can't do this anymore. My safety net is exhausted and I am out of options. Do I have any legal options? Again, this has been an ongoing issue for over 2 years. I would like to sue for the return of my savings, lost revenue and stress.
  8. If the support order requires the non custodial parent to provide dental and health insurance for the child, since birth and now the child is about 12 years old, is there anything the court can order for the custodial parent to do as far as annual physicals and dental cleanings? Those are free every 6 months and child has never been to a dentist. Never gets free annual physicals either. When he finally goes to a dentist if he ever does, may end up with thousands of dollars In care needed due to no maintainance at all over the years. Also the child has been and is failing school, custodial parent does nothing and says child is doing well in school. She tells him not to bother going to school when it’s raining also. What can non custodial parent do about things like this? Thank you
  9. Boogs2001

    Law Suite

    My wife and I got a legal notice by a processor , saying that a friend of ours is suing us for $15,000. This paper was sent by a lawyer in my town. This person said in this letter that my wife had prepared her taxes for the year of 2012 and that my wife did not give them the money for that years refund. This person also asked my wife if she could have their refund put in my wife's savings acct. And because this person was pretty close to our family, my wife said sure. When the refund comes in call me and I will go to the bank and get it for you. To make a long story short. The refund was gotten the day it came in and given to this person, My wife gave her the money in CASH but she also got this persons signature for the monies she received. The main reason this person wanted my wife to put the refund in my wife's savings acct was she did not want her mother or anyone in her family knowing what she got for a refund. This person came back to our house to do her taxes on my wife's computer for the next 5yrs. And now she is saying we as in my wife and I have never given her any of her refunds at all from any of those years she filed. Yes that person used my wife's savings acct. Need some advice please!
  10. I recently retained a plumber to determine the source of water that had leaked into my kitchen floor. Using his leak detector he informed me that I had a broken water feed beneath my slab, and would need to have my house re-piped. He gave me a quote for the job, and I told him I would be in touch once I had obtained some other estimates. I ended up hiring a re-piping specialist who did an excellent job restoring service to my home. Within hours of the water being turned back on I saw water coming out from under the dishwasher. The appliance was off and and not been used since the water feed had been shut off. I had the re-pipe plumber check the problem, and they verified that the dishwasher was faulty, and most likely had been the source of my leak all along. I would like to recover the cost of the unnecessary re-pipe job. I was informed by my homeowners insurance company that re-piping my home was not covered by my policy, though the damage caused by the leak was. Certainly now that it appears the re-pipe was not required there is even less incentive for the insurance company to cover. It seems to me that the original plumber should be liable for the expenses that resulted from his misidentification of the problem. Never having faced a situation like this I would like some advice on how to proceed. Should I call the plumber who failed to find the source of the leak and request he cover my bill? Is my first step to get a lawyer? Does some cosmic oversight protect incompetent plumbers making this an exercise in futility? I am looking forward to hearing from somebody who has been up against this sort of thing before.
  11. I did not see any other place to put this. We are a PAC that opposed the ban on greyhound racing in Florida. We believe not only is the amendment itself Unconstitutional but the path to the ballot could be considered election fraud. The taking of a legal profession would seem to violate the 5th and 14th Amendments. We are looking for a Constitutional Lawyer to challenge this in Federal Court. If you are interested, please contact myself steve@overturn13.org
  12. We had an apartment in Panama City, Florida up until the day Hurricane Michael hit... Our apartment was not habitable after that.. On the 1tth we told we had a few weeks to go through and salvage anything that could be.. Spent 8 days with family about 50 miles outside of town, confirming with the landlords agents of the time frame, told we still had 2 or 3 weeks.. On the 19th..unable to find anyplace nearer Panama City we planed to head north to visit other family for a few days.. Again confirming with the landlords agents that we would be back in more than enough time to square up and sign their "waiver" to dispose of our belongings that were not salvageable. We were told that we would be getting the security deposit and the prorated rent returned.. On the 23rd/24th of Oct we headed back and called the Rental Office.. they opened the call with "we were waiting for you to call.. we had to throw away your belongings...".. She went on to say that the insurance company called and said since it was a total loss payout we weren't allowed to get "anything" out... In my understanding it was their responsibility to exhaust several means of communications before disposing of our property, and that the insurance company has no place to say that documents, important family pictures and other personal items could not be retrieved.. They made no effort whatsoever to notify us of the impending disposal, allowing us to gather our important documents and other items.. One item in particular that was thrown away was the title to my 1985.5 Porsche 944 still in storage up north..
  13. While married, my husband coerced me into signing a Quit Claim deed on our marital home. He then went on to put it into a Life Estate in his eldest son and two grandchildren's names. When we were divorcing, the judge over-ruled this and awarded me a property settlement anyway. My ex has been paying it in $300 monthly installments. Sadly, he passed away last month. His eldest son has already rented the property out and has taken possession of all personal vehicles, motorcycles and welding equipment for himself. I've been told he has already traded off or sold most of these items 'under the table'. Is there any way for me to collect the remaining $11,000 owed me from the property settlement ? I've started the paperwork on a Claim of Lien but don't even know if this would be valid because of the Life Estate issue. I'm disabled and on a fixed income and can't afford an attorney. ( death certificate had not even been recorded last I checked // my ex did not leave a will// divorce judge has retired) Can someone please tell me what steps I can take ? Thank you.
  14. RickGrant

    Election Fraud

    A person who worked for years in the Election Department told me that while working a mostly republican population, and helping seniors vote, she used to "mark whatever candidate she wanted" in the elderly person's ballot after they told her they didn't want to vote for Hillary, "but as they can't see well", she marked Hillary anyways. Isn't that election fraud? Thanks in advance Rick
  15. I am buying a house, I applied for mortgage and as expected, I had to give the mortgage lender all sorts of detailed senstive information. Now, a week before closing, my mortgage lender sent the conditional approval letter to the listing agent and the buyer agent. BUT he was supposed to black out any personal information. He did not do that, he sent it to everyone with my SSN on it. My problem is that this is supposed to be confidential info and not to be given to anyone. I am very scared of theft identity stories and I am usually very careful who I give my info to. This can have major consequences from that type anytime in the future and for the rest of my life. I believe this is considered breach of confidentiality or fiduciary duty or something. What is my legal recourse against that lender?The Lender said, yes it should have been blacked out but it is a "human error". Can I sue lender for breach of confidentiality (negligence) ? and what will that help me in.. my info is already exposed.Also, I can't bring myself to continue sending more documents and info to this lender and give them more of my sensitive data, but the house purchase contract says I have get mortgage in good faith. What can I do? Can sellers sue me if I stop the mortgage process at this stage? I am so confused about all the legal implications. of my exposed data and the consequences of not continuing with this lender.
  16. Filed supplemental motion to modify time sharing and child support: was based on real world overnights with my two children. The final judgement gave the ex 289(her)/76(me). Final judgement was 27 Nov 17, yet together with the ex we have been exercising 50/50 rotating custody (weakly rotation January 2018-October 11th 2018). My ex realized that the child support would be changed so she changed her mind. She had a lawyer and I was Pro se: I make too much for free legal aid and do not make enough to hire a lawyer. (I am retired military and have a fixed income from what's left of my pension and my disability check. The judge ruled in favor of the ex and now were back to 80/20 which means that I lost my kids until Christmas and then I get them at summer break. I have 15 days to file a motion to appeal or rehear or reconsider and the pro se helper doesn't know how to do it either. I need any case law available to support my case or a sample motion...… to move forward. The judge told me that in Florida the best interest of the children doesn't matter, and the real world exercising of the time sharing doesn't matter. Also, the ex doesn't work... she failed a test at work (cna nurse) and was let go. My request for child support was dismissed even though the ex has not filed a financial affidavit to this day. The judge and my ex are both Hispanic, female, and the judge just returned to work after having a baby and my ex is 6 months pregnant (claiming that she is high risk). what do I do now?
  17. My ex has been garnishing my retirement wages since we were divorced for the portion of my retirement she was awarded, the child support awarded and for the buyout payment for the equitable distribution from our marital house. The final judgement clearly says ALL of these payments "will be paid directly by ex husband (me). Is she breaking the federal garnishment law? can I sue her?
  18. Question, I was divorced last year after 15 years of marriage but we never filed our marriage in any states court. does that matter? of course this hope is so I can get the judgement vacated since I lost my a## in the judgement.
  19. the judge striked a portion of our msa/final judgement allowing me to request additional overnights with my kids and never to be denied. Does this void our contract since it was changed after our signatures? I definitely don't agree with the changes by the judge. is this grounds for filing a motion for modification of our time sharing plan? Breech of contract?
  20. I work from home. Recently, an update that was required of us fried my system and I was unable to work because of this. I troubleshooted with my IT group for roughly 4 days before they determined I needed a new system. Here I am almost a week later after THAT, and I just received my system today. They stated that they do not have to pay me for my downtime, and can only reimburse me for the time I spent "on the phone troubleshooting" with the tech guy (which wasn't a lot) not any of the times while I was waiting to see if the troubleshooting resolved it. Is this something they can actually do? Its not even my fault and Im about to lose 2 full weeks of pay because of it.
  21. When we moved my parents to Florida in 2014 my brother had my mom add his name to all of her accounts. My father passed away last year and my mother is still alive. My brother has been handling everything since July 2014. My mother is 83 years old. I just found out from a friend that she has to take out a minimum distribution payment each year based on her age. Since my mother's SSI and pension cover the cost of the retirement home I believe my brother is taking the money for himself and he might be sharing with our youngest brother. My brother will not talk to me and I need to know what legal course I have to find out if they have been taking the money and not splitting it 3 ways like my parents would want and the way the will reads should my mom die.
  22. On a Far bar AS IS realtor sales contract The inspection period ran out and just before it did the buyer's realtor emailed over an addendum with a lower offer claiming "due to inspection issues" , the problem I have is that they never inspected the house and are lying saying they did just because the clock was running out on their 10 days to inspect. They never contacted me to get in the house. I think they are using the contingency as a tactic to lower the price. Is this Breach of contract? misrepresentation, fraud, not performing or something that I can mention at the mediation over the 5k escrow deposit. I have emails and texts to support their statements. They also have refused to produce any inspection report, won't even tell me one detail from said inspection (that they never did) The last cash offer I received from another company at least they did inspect it and then wanted 33k off the price for ridiculous things like repaint inside and out, new roof, new bathrooms , (that one I signed their cancellation , this time I am not signing) the house was renovated and is move in ready , new floors, kitchen with granite, new paint, new locks, new doors, the bathrooms are outdated but fully function with partial renovations , Standard realtor contract page 5 paragraph reads partly: Property Inspection; Right to cancel Buyer shall have 10 days after effective date (inspection period) within which to have such inspections of the property performed as Buyer shall desire during the inspection period. If the buyer determines, in Buyers sole discretion, that the Property is not acceptable to Buyer, Buyer may terminate this contract by delivering written notice of such election to the Seller prior to expiration of the inspection period. attached ate two pages from the contract , please tell me if the inspection contingency paragraph has any teeth in it? I think its intended meaning is that the house be inspected by someone, its not just "cancel if I change my mind contingency" . I am going to request a mediation (non binding) but may end up suing in small claims court (for the escrow deposit 5k) , but want to know before hand if I have a tooth to stand on. I am aware I could end up paying their lawyer fees if I lose in court. Thanks for any solid feedback on interpreting this paragraph and other relevant words.
  23. Hi, I recently had a eviction filed against me with my current leasing office, where I am residing. All monies owed was paid, resulting in the case being dismissed and no further action was taken. Since, I have noticed that this has been placed on my rental history report, as filed and no action taken. My question, is how do I go about getting this removed from my rental history and credit report since this matter has been taken care of without having to proceed with any filing of an actual eviction? I have been informed by the court clerk, this is will report as a "dismissal" and no action taken. As I have plans to move in the near future, I feel that this will have a great negative impact on obtaining a approval for future rental property or home loan. Please help.
  24. My mom passed away without a legal will; however, she had written wishes for distribution of her property. My 4 siblings & I signed a document stating we will honor her wishes. Hired a probate attorney & I served as the personal representative for my mom’s estate which was probated and closed in 2006. I’ve just encountered “title issue” with one of the estate properties I “purchased” (explained below). My sibling that was to inherit the property loss it to the bankruptcy courts because he had an open bankruptcy case. During the distribution, the property was deeded to the Bankruptcy Trustee via Personal Representative Deed When the property came available for sale, I purchased it from the Trustee; I was given a Trustee deed for my purchase I placed the house on the market in 2018 and now I have an interested buyer. We were supposed to close on the deal Sept 7; however, got an email on Sept 6 stating there are “title issue” to resolve before closing According to the title company, each sibling should have quit claimed their interest in the property; therefore, they are requiring a deed from each them The PROBLEM: one sibling is now deceased; he didn’t have a spouse or kids (SN: this deceased sibling has an IRS tax lien that’s recorded and valid thru July 2019) The buyer is willing to wait another month but I don’t see how it can be resolved in a month’s time-frame. Please provide suggestions on how to handle this…..Thanks!
  25. JCPAINTSQ

    Flat rate employment rules

    My employer demands that I work more than forty hours a week, I get cut off of work when they don't agree with what I have to say. They constantly degrade me in front of other employees and now have started taking 1/2 hour flat rate pay away from every job I do to pay the wage of another employee.. .
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