Saturday, August 8, 2009
Do paralegals make alot of money and are they in demand? Where can I find info?
Answers:
Depends on your education level.
Paralegals who have a BS Degree and Para Legal Schooling, are the ones who can make 50k to 70K a year.
If you only have a 2 year paralegal degree, you gonna make alot less, probally around 20K.
The ones with big hooters do...short of that, get a job that is not related to the legal profession. The next thing you know you'll want to be a politician...
It truly depends on your level of education and where you are trying to find a job. Paralegals in large lawfirms do make really good salaries. Most of them have some sort of education (some college or a paralegal certificate). Monster.com should be able to tell you how much paralegals make in your town.
I have a degree as a paralegal, they do 80% of the work for the attorney. If your really good at it all you need is your bosses signature and you will make the whole Law Firm much money. Also have a BS in the bs of political science, so you better be very good at it and still watch your own **** at the same time. Just call your local colleeges. Good Luck!
If you're going to waste your time studying to become a paralegal, why not take the step to study, graduate and become an attorney.
Just today, on the boat's XM radio, I was listening to a commercial from the 60s that advertised a degree in data entry / computer programming and they were SOOOOOO excited about the U.S. Census Bureau's projections for the salary for such. From $12,000 to $20,000 a year.in 1967.
If you think you want to settle for $40,000 to 70,000 a year, then settle. In today's world, that's pocket change.
No, they are like research assistants.
it is a very good and well paying profession. it also is a very hard profession.there has always been a big demand.you will help in law offices as well in the courtrooms during a trial
Do other people in paris hilton's situation get 45 dyas in jail?
trust me, i dislike her as much as you do probably, but i keep hearing that she is getting more jail time than other people. i just want to know if anyone knows if this is true.
Answers:
actually she is getting waaayyy less time-her offense is usually 100 days up to 1 year in jail-see link:
normal people probably would get life in prison(haha) but she is a stuck up lil byotch
-who ever told u that is mental
She is a repeat offender. With her license suspended. Drunk drivers can be put into jail for up to 2 years, so I think she got off easy.
Not sure, but I'm sure most other people would get the same penalty. She's a freakin' baby. OH NOES! Gotta leave her pampered lifestyle for three weeks!
She is getting the normal sentence for anyone for reckless driving on a suspended license. If she had just stayed there and not talked her way into more trouble she would have gotten out early, just like a normal person would for good behavior.
Not true. Minorities that do what she did (DUI, caught TWICE driving on suspended license, made the judge wait 30 minutes for one court hearing), many get six months.
i don't think so , i think most people get around that much considering she was driving illegally. I can't believe they let her out of jail though and then they said she could do her sentence at her house which is ridiculous i think she should serve her sentence like anyone else but she does need protection though cuz the other prisoners might try and beat her up :s.
NO it is not true but she should not be able to go home with out serving her full time in jail.
She had a DUI offense, and also got another this last time. She was on probation and was driving on a suspended license.
She violated probation.
Initially it was 45 days, but was reduced to 23 for "good behavior".
I've known people to get a year or more under similar circumstances, so believe me when I say. She's lucky that is all she got.
i dont likeparis hilton and ppl may have to stay in jail for like a few years but paris hilton is like a celebrity so they gave her 45 days
i think the judge gave her the 45 days because she was caught once and the police officer let her go and then another caught her and decided to take her in.so it was like violating her probation twice..but she has not even started fulfilling the guidelines of her probation, like alcohol counseling, drug counseling etc etc...she needed to be taught a lesson..let her sit there..if she is to go free...what does that tell others in the same situation..that since she is rich and famous that she is above the law...bull*__* maybe everyone out there ought to pull a "PARIS" and say they can't do their time for the crime because they just can't handle the thought of being alone and their freedom taken away.
Each state is different but she broke the rules of her probation and that is what got her in trouble...in most cases she would have done some jail time in the first place, but it is like she thumbed her nose at the law and drove while under suspension - that is why the judge is so mad. (especially since, she, unlike most people, could of had a chauffeer drive her... she had one to drive her to Court! Usually when someone is sentenced to 45 days they can get released after a few weeks for good behavior and with the remaining jail days held over their head. California, however, seems to have some weird laws... I never heard of a Sheriff being able to release a prisoner... usually if they are sick they are taken to the hospital and a deputy is placed on guard.
Getting less
No, I think the average person would have received more jail time if they exhibited the same disregard for the law that Paris Hilton did.
Yes, it is the discretion of the court based on all aspects. She drove drunk, but that is not all, she was original sentenced to rehab..thats fair..she didnt go. Her licencse was suspended drove anyway and was warned 3 times by police. No one gets that kind of treatment. You get hauled off to jail if you knowing drive on a suspended license. She did 3 times and was only warned. In my humble opinion the judge had a hard time because he probably thought she needed a tougher sentence but walked the line. Didnt want to look like he was unfairly punishing so gave her only 45 days, but made it clear it was to be served "in jail". No special jail or home.
Here's the thing. Judges give the ruling. Once he does it is the sherriffs job to carry that sentence out. But due to overcrowding it is not uncommon for the sheriff to used his judgement to let out non-violent inmates with as little as 10% of their sentence done. But! Unfortunately for Paris, at this particular time, there is no overcrowding at this jail, so she couldn't get out with that one. I find it interesting that Paris showed up at the jail originally. Seemingly ready to face her time. "Reflect on her life" and was really ok. But now I know why. I am sure her high priced attorneys said "Dont worry Paris, we've got another trick up our sleeves, you"ll be home in a day or so".
The sheriff contends she has some "serious medical condition" and was sent home on that account. In the morning at court Paris' attorneys asked the judge if they could go into his chambers to discuss this "medical condition". The judge would have none of it. But rightly so, because the judge told the attorney that the sheriff's dept contacted him on weds telling the judge about a "medical condition" and was supposed to supply documentation of it.. The judge told the attorney it had been several days (even looked at the clock) and he still had not recieved anything describing it. It seems this "medical condition" is simply a breakdown because Paris thought she would be out. That her money and power would be able to get around it. but after several days it looked like that was not the case. No wonder she lost it. This cant happen to me!
The problem is this. It is not unusal for different judges to give different sentences. If the sheriff believes her offenses should have been sentenced to house arrest..that is clearly his opinion. But that is not his place. He was not in the courtroom when the sentence was passed out. Being stopped multiple times after her license was suppended. Showing up late to court. Trying to bulls**t the judge. It is the judge's right to take all the things into consideration when handing down a sentence. Even with all that said, her sentence was reduced to 20 something days, half of the time she was sentenced.
The reason they didn't hold the sheriff in contempt of court is this: Sheriffs all across the country also have to use their discretion once the inmate comes into their custody. They have to use good judgement. Judge Sauer was not going to push contempt charges because that would adversely affect other sheriffs and restrict the use of their good judgement, even though this sheriff didnt use his. Simply because someone is having a "mental breakdown" should not be a cause of release. Many people have breakdowns as a result of incaration and they don't get out. The sheriff used poor judgement in evaluating the biased "expert opinions" of Paris psychiatrists, attorneys and God knows who else in the pocket of the Hilton fortune.
It is not unfair that Paris is caught in this struggle because it is of her own design and her own making. She should have never tried it.
That said, Paris should be strong and serve her time. Not just pretending, like she did when she first went in, but actually believe it and do it.
Just serve your time Paris. Keep a low profile and be done with it.
No..she is getting less
I don't like her either, but I think its to much time. When I was younger I was caught driving with a suspended licence and did not spend a day in jail. Though I was not drunk.
She got off easy, she was on probation for a DUI violation and she violated that probation 3 times. I know of people who got a year behind bars for the same thing so she got off easy. Maybe in " tinsel town" it is too harsh. Oh well, tough cheese.
She thumbed her nose at going to court mandated classes as a requirement of her probation she has failed to attended any of the 3 classes in the mandated time- I guess she is going to blame that on her publicist. She gets stopped by cops not once or twice but tree times-that's also the publicist's fault Then knowing she is in trouble she shows up to court late- I guess it's the publicists fault again. This last time on Friday, she kept the judge waiting 3 hours. That really pissed him off. He ordered her to court and it was Friday morning he heard from a gossip rag that she was "phoning it in". Must be that damn publicist again. No sense of responsibility whatsoever.
Yes they do. I know some that have done a year for the same offenses. I know a guy who got 90 days for driving a golf cart down an alley while drunk.
I knew a person who had 3 DUI's in one year and all he got was 45 days in jail and that was in Texas. Poor Paris has a medical condition? Call it being spoiled? Or is it a mental condition!!
Really have no feeling for her one way or the other. As with anything in the Court system the Attorney's and judges make up the rules along the way except in some cases with mandatory sentences where its taken out of the Judges hands. Its always whom you are and whom you know and how you present yourself. Disrespecting the Judge for sure is not a good thing. Some do more some do less depending on if they have attorney's or are appointed an attorney from the court.
A standard sentence for somebody who gets a DUI and then violates probation in LA County, CA is 45-90 days. Judges are usually hard on DUI and probation violation cases and it is not uncommon for a judge to require such defendant do "flat time"; meaning no early release.
For someone without her parent's money and influence she would of received a lot more time for being a 3 time violator. And her little cry and scream for mommy would not of gotten her out in the first place to waste the court's time a fourth time on her case. She needs to stay longer than 45 days for this and maybe some of these Hollywood privileged would get the idea that "Oh I have money why don't I just hire a driver so I can go out and party like an idiot and not worry about driving and killing someone. No they need to teach them a lesson with this one and give her no time off for good behavior either, stick her in the slammer and let her rot awhile
She is getting the proper time for the crime, and it was a crime to drink and drive. Had she wrecked and killed someone in the act she would be subject to prosecution for MURDER. She actually got a break because her sentence was for 90 days, which was amended to 45 days then to 23. She should have to spend the complete 90 days for being in contemp of court several times...
Answers:
actually she is getting waaayyy less time-her offense is usually 100 days up to 1 year in jail-see link:
normal people probably would get life in prison(haha) but she is a stuck up lil byotch
-who ever told u that is mental
She is a repeat offender. With her license suspended. Drunk drivers can be put into jail for up to 2 years, so I think she got off easy.
Not sure, but I'm sure most other people would get the same penalty. She's a freakin' baby. OH NOES! Gotta leave her pampered lifestyle for three weeks!
She is getting the normal sentence for anyone for reckless driving on a suspended license. If she had just stayed there and not talked her way into more trouble she would have gotten out early, just like a normal person would for good behavior.
Not true. Minorities that do what she did (DUI, caught TWICE driving on suspended license, made the judge wait 30 minutes for one court hearing), many get six months.
i don't think so , i think most people get around that much considering she was driving illegally. I can't believe they let her out of jail though and then they said she could do her sentence at her house which is ridiculous i think she should serve her sentence like anyone else but she does need protection though cuz the other prisoners might try and beat her up :s.
NO it is not true but she should not be able to go home with out serving her full time in jail.
She had a DUI offense, and also got another this last time. She was on probation and was driving on a suspended license.
She violated probation.
Initially it was 45 days, but was reduced to 23 for "good behavior".
I've known people to get a year or more under similar circumstances, so believe me when I say. She's lucky that is all she got.
i dont likeparis hilton and ppl may have to stay in jail for like a few years but paris hilton is like a celebrity so they gave her 45 days
i think the judge gave her the 45 days because she was caught once and the police officer let her go and then another caught her and decided to take her in.so it was like violating her probation twice..but she has not even started fulfilling the guidelines of her probation, like alcohol counseling, drug counseling etc etc...she needed to be taught a lesson..let her sit there..if she is to go free...what does that tell others in the same situation..that since she is rich and famous that she is above the law...bull*__* maybe everyone out there ought to pull a "PARIS" and say they can't do their time for the crime because they just can't handle the thought of being alone and their freedom taken away.
Each state is different but she broke the rules of her probation and that is what got her in trouble...in most cases she would have done some jail time in the first place, but it is like she thumbed her nose at the law and drove while under suspension - that is why the judge is so mad. (especially since, she, unlike most people, could of had a chauffeer drive her... she had one to drive her to Court! Usually when someone is sentenced to 45 days they can get released after a few weeks for good behavior and with the remaining jail days held over their head. California, however, seems to have some weird laws... I never heard of a Sheriff being able to release a prisoner... usually if they are sick they are taken to the hospital and a deputy is placed on guard.
Getting less
No, I think the average person would have received more jail time if they exhibited the same disregard for the law that Paris Hilton did.
Yes, it is the discretion of the court based on all aspects. She drove drunk, but that is not all, she was original sentenced to rehab..thats fair..she didnt go. Her licencse was suspended drove anyway and was warned 3 times by police. No one gets that kind of treatment. You get hauled off to jail if you knowing drive on a suspended license. She did 3 times and was only warned. In my humble opinion the judge had a hard time because he probably thought she needed a tougher sentence but walked the line. Didnt want to look like he was unfairly punishing so gave her only 45 days, but made it clear it was to be served "in jail". No special jail or home.
Here's the thing. Judges give the ruling. Once he does it is the sherriffs job to carry that sentence out. But due to overcrowding it is not uncommon for the sheriff to used his judgement to let out non-violent inmates with as little as 10% of their sentence done. But! Unfortunately for Paris, at this particular time, there is no overcrowding at this jail, so she couldn't get out with that one. I find it interesting that Paris showed up at the jail originally. Seemingly ready to face her time. "Reflect on her life" and was really ok. But now I know why. I am sure her high priced attorneys said "Dont worry Paris, we've got another trick up our sleeves, you"ll be home in a day or so".
The sheriff contends she has some "serious medical condition" and was sent home on that account. In the morning at court Paris' attorneys asked the judge if they could go into his chambers to discuss this "medical condition". The judge would have none of it. But rightly so, because the judge told the attorney that the sheriff's dept contacted him on weds telling the judge about a "medical condition" and was supposed to supply documentation of it.. The judge told the attorney it had been several days (even looked at the clock) and he still had not recieved anything describing it. It seems this "medical condition" is simply a breakdown because Paris thought she would be out. That her money and power would be able to get around it. but after several days it looked like that was not the case. No wonder she lost it. This cant happen to me!
The problem is this. It is not unusal for different judges to give different sentences. If the sheriff believes her offenses should have been sentenced to house arrest..that is clearly his opinion. But that is not his place. He was not in the courtroom when the sentence was passed out. Being stopped multiple times after her license was suppended. Showing up late to court. Trying to bulls**t the judge. It is the judge's right to take all the things into consideration when handing down a sentence. Even with all that said, her sentence was reduced to 20 something days, half of the time she was sentenced.
The reason they didn't hold the sheriff in contempt of court is this: Sheriffs all across the country also have to use their discretion once the inmate comes into their custody. They have to use good judgement. Judge Sauer was not going to push contempt charges because that would adversely affect other sheriffs and restrict the use of their good judgement, even though this sheriff didnt use his. Simply because someone is having a "mental breakdown" should not be a cause of release. Many people have breakdowns as a result of incaration and they don't get out. The sheriff used poor judgement in evaluating the biased "expert opinions" of Paris psychiatrists, attorneys and God knows who else in the pocket of the Hilton fortune.
It is not unfair that Paris is caught in this struggle because it is of her own design and her own making. She should have never tried it.
That said, Paris should be strong and serve her time. Not just pretending, like she did when she first went in, but actually believe it and do it.
Just serve your time Paris. Keep a low profile and be done with it.
No..she is getting less
I don't like her either, but I think its to much time. When I was younger I was caught driving with a suspended licence and did not spend a day in jail. Though I was not drunk.
She got off easy, she was on probation for a DUI violation and she violated that probation 3 times. I know of people who got a year behind bars for the same thing so she got off easy. Maybe in " tinsel town" it is too harsh. Oh well, tough cheese.
She thumbed her nose at going to court mandated classes as a requirement of her probation she has failed to attended any of the 3 classes in the mandated time- I guess she is going to blame that on her publicist. She gets stopped by cops not once or twice but tree times-that's also the publicist's fault Then knowing she is in trouble she shows up to court late- I guess it's the publicists fault again. This last time on Friday, she kept the judge waiting 3 hours. That really pissed him off. He ordered her to court and it was Friday morning he heard from a gossip rag that she was "phoning it in". Must be that damn publicist again. No sense of responsibility whatsoever.
Yes they do. I know some that have done a year for the same offenses. I know a guy who got 90 days for driving a golf cart down an alley while drunk.
I knew a person who had 3 DUI's in one year and all he got was 45 days in jail and that was in Texas. Poor Paris has a medical condition? Call it being spoiled? Or is it a mental condition!!
Really have no feeling for her one way or the other. As with anything in the Court system the Attorney's and judges make up the rules along the way except in some cases with mandatory sentences where its taken out of the Judges hands. Its always whom you are and whom you know and how you present yourself. Disrespecting the Judge for sure is not a good thing. Some do more some do less depending on if they have attorney's or are appointed an attorney from the court.
A standard sentence for somebody who gets a DUI and then violates probation in LA County, CA is 45-90 days. Judges are usually hard on DUI and probation violation cases and it is not uncommon for a judge to require such defendant do "flat time"; meaning no early release.
For someone without her parent's money and influence she would of received a lot more time for being a 3 time violator. And her little cry and scream for mommy would not of gotten her out in the first place to waste the court's time a fourth time on her case. She needs to stay longer than 45 days for this and maybe some of these Hollywood privileged would get the idea that "Oh I have money why don't I just hire a driver so I can go out and party like an idiot and not worry about driving and killing someone. No they need to teach them a lesson with this one and give her no time off for good behavior either, stick her in the slammer and let her rot awhile
She is getting the proper time for the crime, and it was a crime to drink and drive. Had she wrecked and killed someone in the act she would be subject to prosecution for MURDER. She actually got a break because her sentence was for 90 days, which was amended to 45 days then to 23. She should have to spend the complete 90 days for being in contemp of court several times...
Do most people believe the internet was made for porn?
Answers:
Might not have been made for it; but printing wasn't originally created with porn in mind either.
I THINK IT WAS MORE MADE FOR HATING ON PEOPLE FOR THERE OPINION.
Yes, and that is why Gore invented it. NOW you know where he gets his bucks.
Wijzp makes a good point.
One reason porn thrives on the Internet may be because people think it is more private and less expensive than buying porn at a store or having it mailed to them.
Some studies also suggest it is addictive, and the Internet is a convenient way to feed an addiction.
As long as the porn is being produced by consenting adults, I don't see any reason for too much concern. Even if they become 90% of internet traffic, there is still a lot of good in the remaining 10%.
It was made for to make an easier way to broadcast information. Which does include seeing how far a woman can take it. And seeing how 2 women engage in sex.
Addition:
Now that we have google street view the porn on the internet will probably triple because now we can see who is going in and out of strip clubs and XXX stores.
No, it was developed by the US government and four research universities, under the guidance of DARPA in the 1960s. It was developed as a decentralized computer network that could withstand a blast from a communist nuclear weapon. The use for email and web pages came later.
Do local police initiate any federal crime investigations or do they always refer them to the feds?
How about vice versa? Does the FBI ever get involved with state crimes?
Answers:
I represent a sheriff's department. We often initiate federal crime investigations and often do the entire investigation. The results of our investation are submitted to the District Attorney. The District Attorney consults with the U.S. attorney's office and the 2 attorneys' offices determine whether the crime will be prosecuted in state or federal court. State courts do have jurisdiction over federal crimes. State courts are the only courts of general jurisdiction and a federal crime is usually a state crime also. My county has 10 Indian tribes and those cases can only to tried in federal court, or in less serious cases, tribal court. We have entered into Mutual Aid Agreements with most of our tribes, so we have law enforcement power over lots of the Indian nations. The Indians never agree to state court jurisdiction. Unfortunately, our U.S. attorney was one of the attorneys fired by the administration so that office is in an uproar. I also noticed a case I thought was settled was set for hearing in federal court, so the federal judges in my jurisdiction are not feeling very friendly with the Department of Jusitice, but that's another issue. I believe most of the federal prosecutions in my county are initiated by the local sheriff. How long he stays in the investigatory position is determined by consultations with the local District Attorney, the U.S. attorney and the FBI.
Law enforcement agencies can motu proprio investigate cases when their personnel has personal knowledge that person/s committed crimes even without a complainant.
The local police just respond to what they're told to. They're the first call.
Local police investigate crimes based on either complaints from citizens or their own observations. Prosecutors decide whether the evidence presented by the police is best handled under state or federal law. If a local prosecutor or police department finds evidence that suggests a federal violation, they ordinarily will contact the office of the U.S. Attorney in their district, and the U.S. Attorney will coordinate the response, and ultimately decide whether the prosecution should be state or federal, or whether additional investigation is required.
If there is additional investigation required and the crime is apparently federal, most often the U.S. Attorney will request that the local FBI office get involved.
Answers:
I represent a sheriff's department. We often initiate federal crime investigations and often do the entire investigation. The results of our investation are submitted to the District Attorney. The District Attorney consults with the U.S. attorney's office and the 2 attorneys' offices determine whether the crime will be prosecuted in state or federal court. State courts do have jurisdiction over federal crimes. State courts are the only courts of general jurisdiction and a federal crime is usually a state crime also. My county has 10 Indian tribes and those cases can only to tried in federal court, or in less serious cases, tribal court. We have entered into Mutual Aid Agreements with most of our tribes, so we have law enforcement power over lots of the Indian nations. The Indians never agree to state court jurisdiction. Unfortunately, our U.S. attorney was one of the attorneys fired by the administration so that office is in an uproar. I also noticed a case I thought was settled was set for hearing in federal court, so the federal judges in my jurisdiction are not feeling very friendly with the Department of Jusitice, but that's another issue. I believe most of the federal prosecutions in my county are initiated by the local sheriff. How long he stays in the investigatory position is determined by consultations with the local District Attorney, the U.S. attorney and the FBI.
Law enforcement agencies can motu proprio investigate cases when their personnel has personal knowledge that person/s committed crimes even without a complainant.
The local police just respond to what they're told to. They're the first call.
Local police investigate crimes based on either complaints from citizens or their own observations. Prosecutors decide whether the evidence presented by the police is best handled under state or federal law. If a local prosecutor or police department finds evidence that suggests a federal violation, they ordinarily will contact the office of the U.S. Attorney in their district, and the U.S. Attorney will coordinate the response, and ultimately decide whether the prosecution should be state or federal, or whether additional investigation is required.
If there is additional investigation required and the crime is apparently federal, most often the U.S. Attorney will request that the local FBI office get involved.
Do legal aid lawyers work for the state?
And if so, if you needed to use a legal aid attorney to help you appeal for disability - would they really be on your side or the states?
Answers:
Legal Aid does not work the for the State. However, public defender's do. Public defenders are still expected to be adversarial to the government because they are evaluated on a different set of criteria.
Because of their code of ethics, even a government attorney should look out for his client's (i.e. YOUR) best interst.
In any case, you should be confident that a Legal Aid attorney, though they may not have much to offer in the way of resources, will definitely be on your side and will be a wonderful resource to help you file a claim for disability.
I think they all work together ! I would hire a private attorney for your appeal. They take 25% out of your money when you get your back pay. Worth it,I am sure. Good luck !
No, Legal Aid is a private entity, although many Legal Aid organizations qualify for government grants.
Answers:
Legal Aid does not work the for the State. However, public defender's do. Public defenders are still expected to be adversarial to the government because they are evaluated on a different set of criteria.
Because of their code of ethics, even a government attorney should look out for his client's (i.e. YOUR) best interst.
In any case, you should be confident that a Legal Aid attorney, though they may not have much to offer in the way of resources, will definitely be on your side and will be a wonderful resource to help you file a claim for disability.
I think they all work together ! I would hire a private attorney for your appeal. They take 25% out of your money when you get your back pay. Worth it,I am sure. Good luck !
No, Legal Aid is a private entity, although many Legal Aid organizations qualify for government grants.
Do lawyers/attorneys really have a bad relationship with police?
On shows like CSI and Law and Order, the police and lawyers seem to not get along with other very well, with client harassment and what have you. Does this really happen? I would have thought they would cooperate given that they are both trying to catch the true criminals.
Answers:
No, please don't believe everything you see on TV
Yes and no depends on the state or city.
I guess it depends which side of the case the lawyer is on. Prosecuting attorneys in all likelihood have a much better relationship with police than do defense attorneys who are constantly trying to tear them down. They claim its their job.
adversarial.
Answers:
No, please don't believe everything you see on TV
Yes and no depends on the state or city.
I guess it depends which side of the case the lawyer is on. Prosecuting attorneys in all likelihood have a much better relationship with police than do defense attorneys who are constantly trying to tear them down. They claim its their job.
adversarial.
Do law students discuss ongoing events in the news ?
when in university do you (they) have open forums/debating sessions on the current news stories about the McCanns and what are the outcomes of these discussions ?
Answers:
NO. Firstly it interupts a tight schedule trying to absorb the basic principles of Law and secondly it infringes on valuable drinking time.
We do have open forums and usually they end up on sarcasm and irony!
When I was reading law at university, I tried to engage my fellow students in topical debates without much success. Most were into their clothes and Big Brother, and I eventually gave up trying.
No. They start training for positions on the Supreme Court very early, and sequester themselves. The albino monk in The da Vinci Code is a lawyer in training. In a few years he will be a judge.
Why bother, when they are the ones who will be manipulating and controlling those ongoing events in a few years.
who knows these days, all the best
Answers:
NO. Firstly it interupts a tight schedule trying to absorb the basic principles of Law and secondly it infringes on valuable drinking time.
We do have open forums and usually they end up on sarcasm and irony!
When I was reading law at university, I tried to engage my fellow students in topical debates without much success. Most were into their clothes and Big Brother, and I eventually gave up trying.
No. They start training for positions on the Supreme Court very early, and sequester themselves. The albino monk in The da Vinci Code is a lawyer in training. In a few years he will be a judge.
Why bother, when they are the ones who will be manipulating and controlling those ongoing events in a few years.
who knows these days, all the best
Do judges read letters sent to them, and is it better to fax, mail or take them directly to the courtroom?
Answers:
Judges read letters sent to them no matter how they are delivered. If your letter is in support of a person appearing before the judge, it would probably be better to make arrangements with that person's lawyer. The lawyer will want to review the letter before submitting it to the judge.
Take them. Copies and faxes are questionable in some areas.
I'm not sure, but I believe that any information the judge is to consider for a case (such as sentencing) must be introduced by one of the attorneys involved. Call the Courthouse and ask the clerk if he will read it and what is the best procedure to follow.
all correspondence regarding a case will be read by the judge when given to him by the representative of the party concerned. Letters have to be of a formal standart and any information given in them must be directly related to the case.
If the letter is personal i assume that you could leave it with his secretary at his chambers.
Never fax a letter to a judge. If it is important, send it certified mail, signature requested. This was you are assured that it reached the judges clerk.
The answer depends on if you are talking about a letter which references an ongoing trial over which the judge is presiding, or if you're talking about a letter describing your latest vacation.
If it's the first, it's called ex-parte communications and if the judge reads it, he/she can be removed from the case for undue influence and face a supreme Court committe on ethics sanction.
Normally, when a judge receives any fax, letter or carrier pigeon while sitting on the bence, the secretary / clerk opens and decides what to do with the letter.
If it is regarding a case the judge is currently hearing, it goes in the trash.
Do Ihave to pay these medical bills?
MY FATHER DIED ABOUT A YEAR AGO, HE HAD NO LIVING WILL HAD TO GET A PROBATE ATTORNEY TO TRANSFER PROPERTY INTO MY NAME. NOW THATS DONE AND IM RECEIVING MEDICAD AND HOSPITAL BILLS FROM MY PREVIOS ATTORNY DO I HAVE TO PAY THEM OR DO I NOT PAY MY DADS PAST MEDICAL BILLS?
Answers:
Maybe, maybe not. The person to ask is the attorney who represented the estate. No one here has enough information to give you an answer.
Yes. File for Bankruptcy if it's too much. If you own property look into Chapter 13
The bills are supposed to be paid out of your father's estate.
If he didn't leave any assets or money, you are not responsible for his medical bills before he died. If he had property, then they can file a lien on the property. However, if you incurred any costs after his death such as funeral and burial expenses, you are liable for those debts. I am sorry for your loss.
I think whatever is left from his estate should pay the bills.
If nothing is left i think you will have to take care of that unfortunatly.
Contact the hospital that you owe the money to. They cannot file legal proceedings as long as you are paying on the balance. Pay them 1 dollar a month and they will not be able to sue you for the remaining bills. After a while they will get irritated and write it off. I did this when I was in college and didn't have medical insurance. I owed $13,000 dollars following a car wreck and it has never appeared on my credit.
It's impossible to answer based on the facts given.
If the Estate was properly probated, the creditors were given notice that they had to file their claims against the Estate before a certain date. If they were properly notified and failed to submit claims, they are out of luck. If they submitted valid claims but the Estate was insufficient to pay them, they're still out of luck.
If the attorney that handled it is just forwarding bills to you, it doesn't sound like they were very good as an attorney.
It's hard to say what the story is from the skimpy facts you gave us, but here are some general thoughts.
The bills are payable from your father's estate. When you accepted his property, you may have accepted his liabilities (or you may have not, depending on the scope of the estate). Consider talking to the creditors to find a way to work out the debts by liquidating the remainder of his estate. (Hospitals have a program for writing off portions of bills in situations like this, and there may be some Social Security Benefits or other death benefits which would handle some of the costs.) Do you have a probate attorney who can help you?
I am sorry for your loss and ever sorrier that you are having to deal with financial issues in your time of sadness.
If your father was on medicare or medicaid or, as mentioned, he owned the property you converted free and clear, the minimum you would be responsible for is the illegal conversion of the assets of the estate.
You need to do as advised. and quickly before this turns into a criminal investigation.
Answers:
Maybe, maybe not. The person to ask is the attorney who represented the estate. No one here has enough information to give you an answer.
Yes. File for Bankruptcy if it's too much. If you own property look into Chapter 13
The bills are supposed to be paid out of your father's estate.
If he didn't leave any assets or money, you are not responsible for his medical bills before he died. If he had property, then they can file a lien on the property. However, if you incurred any costs after his death such as funeral and burial expenses, you are liable for those debts. I am sorry for your loss.
I think whatever is left from his estate should pay the bills.
If nothing is left i think you will have to take care of that unfortunatly.
Contact the hospital that you owe the money to. They cannot file legal proceedings as long as you are paying on the balance. Pay them 1 dollar a month and they will not be able to sue you for the remaining bills. After a while they will get irritated and write it off. I did this when I was in college and didn't have medical insurance. I owed $13,000 dollars following a car wreck and it has never appeared on my credit.
It's impossible to answer based on the facts given.
If the Estate was properly probated, the creditors were given notice that they had to file their claims against the Estate before a certain date. If they were properly notified and failed to submit claims, they are out of luck. If they submitted valid claims but the Estate was insufficient to pay them, they're still out of luck.
If the attorney that handled it is just forwarding bills to you, it doesn't sound like they were very good as an attorney.
It's hard to say what the story is from the skimpy facts you gave us, but here are some general thoughts.
The bills are payable from your father's estate. When you accepted his property, you may have accepted his liabilities (or you may have not, depending on the scope of the estate). Consider talking to the creditors to find a way to work out the debts by liquidating the remainder of his estate. (Hospitals have a program for writing off portions of bills in situations like this, and there may be some Social Security Benefits or other death benefits which would handle some of the costs.) Do you have a probate attorney who can help you?
I am sorry for your loss and ever sorrier that you are having to deal with financial issues in your time of sadness.
If your father was on medicare or medicaid or, as mentioned, he owned the property you converted free and clear, the minimum you would be responsible for is the illegal conversion of the assets of the estate.
You need to do as advised. and quickly before this turns into a criminal investigation.
Do Ihave to pay these medical bills?
MY FATHER DIED ABOUT A YEAR AGO, HE HAD NO LIVING WILL HAD TO GET A PROBATE ATTORNEY TO TRANSFER PROPERTY INTO MY NAME. NOW THATS DONE AND IM RECEIVING MEDICAD AND HOSPITAL BILLS FROM MY PREVIOS ATTORNY DO I HAVE TO PAY THEM OR DO I NOT PAY MY DADS PAST MEDICAL BILLS?
Answers:
Any bills or debts that your father had will need to be paid out of his estate, prior to transferring the property. cash, etc. over to you. The probate attorney should had satisfied all leans, and debts first.
You need to ask the probate attorney but my guess is that if he had any life insurance or anything of great value, that money needs to be used to pay bills. Forward a copy of the death certificate to the debtors.
Normally my company (medical office) writes off debts of dead patients.
You are not responsible for your father's medical bills, unless he was on your insurance. If he wasn't then your not.
file a public notice, I so and so am not responsible for anyones debt but my own. this would clear you but any belongings in his estate would still be liable for lein.
like fish said , ask an attorney
If you got a Probate attorney, he/she should have handled this for you. I would go back to that attorney and get some advise. If his estate was Probated, there should have been notice in the newspaper for creditors to file creditors claims. They have a limited amount of time to file these claims. Talk to your attorney and make certain this was done. You should not be dealing with this issue. All claims should go through your attorney. Good luck.
Something sounds fishy about the way this was handled. Were any of his bills paid before the property was transferred? If not, things were not handled properly.
When my father died, I had to notify all his creditors of his passing and ask for statements on each bill. We didn't have enough to pay everything in full so the courts set up a percentage that could go to each creditor and we sent that along with a note that said "Paid in full". Nothing could be transferred to me until all of his debts were paid and that included the lawyer. Then anything left was mine and my brothers to split equally.
You need to go down to Probate Court and find out what your responsibilites are and show them the paperwork from the attorney before doing anything else. It doesn't sound like the attorney went through the proper procedures but then I'm only going by what you have posted here. Either way, Probate will tell you what you are responsible for.
Answers:
Any bills or debts that your father had will need to be paid out of his estate, prior to transferring the property. cash, etc. over to you. The probate attorney should had satisfied all leans, and debts first.
You need to ask the probate attorney but my guess is that if he had any life insurance or anything of great value, that money needs to be used to pay bills. Forward a copy of the death certificate to the debtors.
Normally my company (medical office) writes off debts of dead patients.
You are not responsible for your father's medical bills, unless he was on your insurance. If he wasn't then your not.
file a public notice, I so and so am not responsible for anyones debt but my own. this would clear you but any belongings in his estate would still be liable for lein.
like fish said , ask an attorney
If you got a Probate attorney, he/she should have handled this for you. I would go back to that attorney and get some advise. If his estate was Probated, there should have been notice in the newspaper for creditors to file creditors claims. They have a limited amount of time to file these claims. Talk to your attorney and make certain this was done. You should not be dealing with this issue. All claims should go through your attorney. Good luck.
Something sounds fishy about the way this was handled. Were any of his bills paid before the property was transferred? If not, things were not handled properly.
When my father died, I had to notify all his creditors of his passing and ask for statements on each bill. We didn't have enough to pay everything in full so the courts set up a percentage that could go to each creditor and we sent that along with a note that said "Paid in full". Nothing could be transferred to me until all of his debts were paid and that included the lawyer. Then anything left was mine and my brothers to split equally.
You need to go down to Probate Court and find out what your responsibilites are and show them the paperwork from the attorney before doing anything else. It doesn't sound like the attorney went through the proper procedures but then I'm only going by what you have posted here. Either way, Probate will tell you what you are responsible for.
Do I want copyright, trademark or both?
I work for a nonprofit organization and we deal with conflict resolution. We have several programs put together. 1)A program for dealing with family for convicted felons. 2)A conflict intervention program. 3)A program that deals with how your brain works. 4)A program that deals with school age children with several componets- 4a)Conflict resolution software, 4b)program for academic achievement, 4c)program for what goes on in the classroom, 4d) we created two characters to help the children learn about conflict, 4e) a planet where the characters are from, and 5) an idea about a reality TV show. Of all these ideas which should be copyrighted and which will I need trademarks for, or do I need both or what?
Answers:
It all depends on what your are trying to do. Check this legal resource for more help
For most of those, I believe you want patent law information. Copyright "protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others." A patent, on the other hand, "protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be."
Answers:
It all depends on what your are trying to do. Check this legal resource for more help
For most of those, I believe you want patent law information. Copyright "protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others." A patent, on the other hand, "protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be."
Do I still have to pay child support after child reaches the age o 21.If they are found mentally mildly handic
If the child is found mentally mildly handicapped?
Answers:
None of us can answer this accurately without more information about your child's medical condition, which you should not give us. I'm a lawyer in a state where child supports ends at 18 or graduation from high school, whichever is later. I did have a case where child support was continued forever for a SEVERELY mentally handicapped child. This would be fact-dependent. Can your child support him/herself? Is he/she disabled to the extent of qualifying for disability? The answer to these questions is the answer to your child support question.
This is a risk one takes when deciding to have children. Be a responsible parent.don't abandon your child to the taxpayers for reaching an arbitrary chronological age.
No and yes, depends on the handicap. Child could draw social security benefits, off your SS , and it does not effect your benefits at all. If child is handicap, deserves to be taken care of , one way or another.
if you are still paying child support and the child is 21,you either are behind in support or there is something in the divorce papers that you should know about. otherwise probably not. as an adult the child can apply for aid.
Hi. As a mother of a handicapped child I know that I will be working and paying for my son long after child support stops. You are in the situation where you can make your child's life better by providing things they wouldn't otherwise be able to get. Its no big deal to your life particularly to carry on with payments - it is a massive life altering deal to a person who suddenly cannot have the options they previously had. Be a good guy - there is lots of them out there - join the club. Hope you make good choices.
Answers:
None of us can answer this accurately without more information about your child's medical condition, which you should not give us. I'm a lawyer in a state where child supports ends at 18 or graduation from high school, whichever is later. I did have a case where child support was continued forever for a SEVERELY mentally handicapped child. This would be fact-dependent. Can your child support him/herself? Is he/she disabled to the extent of qualifying for disability? The answer to these questions is the answer to your child support question.
This is a risk one takes when deciding to have children. Be a responsible parent.don't abandon your child to the taxpayers for reaching an arbitrary chronological age.
No and yes, depends on the handicap. Child could draw social security benefits, off your SS , and it does not effect your benefits at all. If child is handicap, deserves to be taken care of , one way or another.
if you are still paying child support and the child is 21,you either are behind in support or there is something in the divorce papers that you should know about. otherwise probably not. as an adult the child can apply for aid.
Hi. As a mother of a handicapped child I know that I will be working and paying for my son long after child support stops. You are in the situation where you can make your child's life better by providing things they wouldn't otherwise be able to get. Its no big deal to your life particularly to carry on with payments - it is a massive life altering deal to a person who suddenly cannot have the options they previously had. Be a good guy - there is lots of them out there - join the club. Hope you make good choices.
Do I still have to pay child support after age 21 .If child is found mentally mildly handicapped?
Answers:
If you live within the United States, it's very probable, however it depends on how good your lawyer is, and how mild "mildly" is. If s/he is able to function on their own but has a small mental impairment, probably not. However, if s/he is not able to live on their own or take care of themselves and they end up remaining with the custodial parent because of this, it is very likely that you will be required to pay child support until at least the age of 24 [the age most states consider a person to be truely independant of their parents for reasons of college loans, child support, etc], if not longer.
You will need a very very good lawyer-good luck!
I thought it stopped at 18 anyways?
Depends which country you are in!
If you have any love and decency within you, you will always be there for them.
well we know it takes after you then
Your obligation to support your child began the day the child was born and will continue forever. Your legal obligation might end, but your moral obligation will not. you should be asking how best to support your mildly mentally handicapped adult child.
DO i REALLY* need a LAWYER?? I'm 20, just got into my first accident.?
there were three cars involved including my own, the suburban was the first car...stopped very quickly, the car in front of me stopped in enough time.but I sadly did not, and i rammed the car in front of me making it collide into the suburban up front.
Now: the cops said that they had to write me a reckless driving ticket because i hit the back of someone's car [but they were really cool and were 90% sure that it will be dropped] and i have to be in court in a couple of weeks...
2 friends of mine say that i should get a lawyer to help talk it down.
but WHY do i need one??..if the charge is likely to be dropped anyway [and this is my first offense] nothing on my record..no speeding tickets...etc.
can i just ask the judge if i can do a defensive driving course and pay a fine of some sort?
what do you guys think? help..
thanks
:)
Answers:
If they were 90% sure it would be dropped, then why did they write the ticket in the first place? Why did they say it would be dropped? The main problem I can see happenning here is when determining liabilty comes up and your insurance company (if you have insurance) has to pay for the damage becasue you were the one issued the ticket, and therefore by insurance standards you are technically easier to accuse of fault. Based on the nature of auto accidents it was you that caused the accident, but it looks even worse from a liability standpoint if you were issued a citation. After your insurance company has to pay, your premiums go up, etc. Of course you can ask the judge anything you want, but whether you will get it is a completely different issue. I would get a lawyer, unless you really think that you have a 90% chance of it being dropped, which I doubt.
It is not going to be dropped all by itself. You need to take action to convince the prosecutor to amend the charge, or to convince the court that you are not guilty of the charged offense. If you are not equipped to do those things, then you need an attorney who is prepared to do it. The charge probably is excessive, and following too closely is the appropriate charge, but that change will not take place unless you take the correct steps to make it happen.
for a car accident like that, no i wouldn't say that you need a lawyer, plus the only thing that will really be going after anything are the 3 cars' insurance policies.
go with the public defender. remember, if you cannot afford an attorney, one will be appointed! =oD
Good Luck!
If you have insurance, check your policy. There should be a clause for legal representation.
You DO have insurance don't you?
Reckless driving tickets are typically criminal charges. They're no joke and you've got a lot to lose if it doesn't get dropped. I got a reckless driving ticket once - luckily, my lawyer pled it down to a non-criminal negligent driving in the second degree. Still had to pay a $600 fine, take a defensive driving course and do 40 hours of community service.
You can request a public defense attorney if you don't have the money to hire one...I'd do it.
The rules of the road tell you you must maintain a safe distance between your car and the car in front of you at all times.
You were too close, therefore rear ending the car in front of you.
I wouldn't count on anything being dropped. You have caused a lot of people to lose a lot of money - to say nothing of the fact that your insurance rates are going to go through the roof due to the payouts to the other drivers.
It will look good and may reduce the fine.Take the defensive driving class before you go to court.
I had the same problem a few months before. Let me give you an ultimate solution. Just try the following website. You will not have to search again and again. Trust me. Here is the link
http://www.usalegalcare.com/child_custod...
best of luck
Now: the cops said that they had to write me a reckless driving ticket because i hit the back of someone's car [but they were really cool and were 90% sure that it will be dropped] and i have to be in court in a couple of weeks...
2 friends of mine say that i should get a lawyer to help talk it down.
but WHY do i need one??..if the charge is likely to be dropped anyway [and this is my first offense] nothing on my record..no speeding tickets...etc.
can i just ask the judge if i can do a defensive driving course and pay a fine of some sort?
what do you guys think? help..
thanks
:)
Answers:
If they were 90% sure it would be dropped, then why did they write the ticket in the first place? Why did they say it would be dropped? The main problem I can see happenning here is when determining liabilty comes up and your insurance company (if you have insurance) has to pay for the damage becasue you were the one issued the ticket, and therefore by insurance standards you are technically easier to accuse of fault. Based on the nature of auto accidents it was you that caused the accident, but it looks even worse from a liability standpoint if you were issued a citation. After your insurance company has to pay, your premiums go up, etc. Of course you can ask the judge anything you want, but whether you will get it is a completely different issue. I would get a lawyer, unless you really think that you have a 90% chance of it being dropped, which I doubt.
It is not going to be dropped all by itself. You need to take action to convince the prosecutor to amend the charge, or to convince the court that you are not guilty of the charged offense. If you are not equipped to do those things, then you need an attorney who is prepared to do it. The charge probably is excessive, and following too closely is the appropriate charge, but that change will not take place unless you take the correct steps to make it happen.
for a car accident like that, no i wouldn't say that you need a lawyer, plus the only thing that will really be going after anything are the 3 cars' insurance policies.
go with the public defender. remember, if you cannot afford an attorney, one will be appointed! =oD
Good Luck!
If you have insurance, check your policy. There should be a clause for legal representation.
You DO have insurance don't you?
Reckless driving tickets are typically criminal charges. They're no joke and you've got a lot to lose if it doesn't get dropped. I got a reckless driving ticket once - luckily, my lawyer pled it down to a non-criminal negligent driving in the second degree. Still had to pay a $600 fine, take a defensive driving course and do 40 hours of community service.
You can request a public defense attorney if you don't have the money to hire one...I'd do it.
The rules of the road tell you you must maintain a safe distance between your car and the car in front of you at all times.
You were too close, therefore rear ending the car in front of you.
I wouldn't count on anything being dropped. You have caused a lot of people to lose a lot of money - to say nothing of the fact that your insurance rates are going to go through the roof due to the payouts to the other drivers.
It will look good and may reduce the fine.Take the defensive driving class before you go to court.
I had the same problem a few months before. Let me give you an ultimate solution. Just try the following website. You will not have to search again and again. Trust me. Here is the link
http://www.usalegalcare.com/child_custod...
best of luck
Do I really need a lawyer for first offence that my 15 yr old son committed?
He broke a window, and sooooooo many ppl tell me to get him a lawyer so he doesnt get screwed over by the court systems. anybody have any suggestions or been in this situation?
Answers:
YES YES YES get him an attorney. You do not want to go into a legal situation without one ever. If you can't afford one try legal aide. If nothing else then just to keep the damage to a minimum.
it is an amendment that he gets a lawyer
couldn't hurt...get a court appointed lawyer
That's impossible to say without knowing the circumstances.
If it was simply an accident, you should have nothing to worry about.
If it was a random act of vandalism and a first offense, certainly the matter will remain in family court, where your son should own up to the crime and agree to whatever restitution is recommended. I doubt very much that they would seek any jail time for such a thing.
If, on the other hand, the window was broken in the act of "breaking and entering," then your son is facing a serious criminal charge, and legal representation would be wise.
Whatever happened to apologizing and chalking it up to being young and dumb.Man times have changed.If people are suggesting he get a lawyer for a broken window,im thinking he did a little more than that.You should just pay to fix the window,why pay a lawyer.
Honestly, if he is a good kid and hasn't been in trouble before, he's probably not going to get in a lot of trouble. I'm assuming that it is a criminal mischief case. If so, both of you go to court (and Dad too if he is in the pic) and let your son do all the talking. He needs to be respectful, polite, and apologetic to the judge. My little brother got in trouble for something similar and had to complete 40 hours of community service, and pay court costs, and restitution. If the judge asks what you as the parents intends on doing about it, tell the judge he is already in big trouble at home and has been following his punishment. We didn't have a lawyer, but it was a criminal mischief not a small claims court case or an attempted b %26 e. Talk to the police officer who dealt with your son's case and ask his opinion. The police aren't out to 'get you' because they want this to be the last time they have to deal with you. So good luck and pound this into your son's head: respect for the judge. Popping off at the judge will only make things 10x worse.
If you get a public defender, you do have to pay for it if you lose, I think its around 250ish.
it depends on where and why your loveable son broke a window, if that window happened to be part of local bank's back door, i think you really need to hire a lawyer. if it was only neighbor's windows and been broken by a basketball threw by your son, hiring a lawyer doesn't seem to be a good idea.
he broke the window, avoid court, make an agreement, you pay for it...
make him work to pay you back.
First, even if this is a criminal case of vandalism a public defender is highly unlikely. Unless you're talking about a church's stained glass window which stands 15 feet by 10 feet you're looking at probation and restitution most likely.
(as for the church window, it cost me $1,200 in 1968)
If this is a civil matter, then again, you're looking at restitution and depending on the amount of damages, it may be held in small claims court where, in most states, attorneys are not allowed.
So, without more information there is no way to tell you yes or no.
I would advise however, that if this is a civil matter, I would not advise the added expense. If criminal it would depend on the level of infraction and the damages and your child's past record. But generally, I would not advise an attorney unless the criminal matter rises to the level of a felony and the state is prosecuting as an adult.
If he is being charged with a crime vs. a violation, then you should get him a lawyer. Breaking a window sounds like the kind of thing that should have been settled with your son paying for the window and you kicking your son's ***. What is the charge?
Depends upon the charges. If he is charged with a homicide or armed robbery and they plan to try him as an adult, definitely get a lawyer if you don't like the one they appoint for him. If, on the other hand, he is charged as a minor with minor vandalism, and they want to make him spend his summer vacation in counseling and community service, I would say that would be the best thing for him.
In either case, you should really contact your state or local legal aid society for free legal advice, not folks like me (as much as I'd like to help). You can probably find your state's legal aid society by putting the name of your state plus "legal aid society" in a search engine like Yahoo or Google. It is probably also listed in your phone book, or you can find it by dialing information.
Answers:
YES YES YES get him an attorney. You do not want to go into a legal situation without one ever. If you can't afford one try legal aide. If nothing else then just to keep the damage to a minimum.
it is an amendment that he gets a lawyer
couldn't hurt...get a court appointed lawyer
That's impossible to say without knowing the circumstances.
If it was simply an accident, you should have nothing to worry about.
If it was a random act of vandalism and a first offense, certainly the matter will remain in family court, where your son should own up to the crime and agree to whatever restitution is recommended. I doubt very much that they would seek any jail time for such a thing.
If, on the other hand, the window was broken in the act of "breaking and entering," then your son is facing a serious criminal charge, and legal representation would be wise.
Whatever happened to apologizing and chalking it up to being young and dumb.Man times have changed.If people are suggesting he get a lawyer for a broken window,im thinking he did a little more than that.You should just pay to fix the window,why pay a lawyer.
Honestly, if he is a good kid and hasn't been in trouble before, he's probably not going to get in a lot of trouble. I'm assuming that it is a criminal mischief case. If so, both of you go to court (and Dad too if he is in the pic) and let your son do all the talking. He needs to be respectful, polite, and apologetic to the judge. My little brother got in trouble for something similar and had to complete 40 hours of community service, and pay court costs, and restitution. If the judge asks what you as the parents intends on doing about it, tell the judge he is already in big trouble at home and has been following his punishment. We didn't have a lawyer, but it was a criminal mischief not a small claims court case or an attempted b %26 e. Talk to the police officer who dealt with your son's case and ask his opinion. The police aren't out to 'get you' because they want this to be the last time they have to deal with you. So good luck and pound this into your son's head: respect for the judge. Popping off at the judge will only make things 10x worse.
If you get a public defender, you do have to pay for it if you lose, I think its around 250ish.
it depends on where and why your loveable son broke a window, if that window happened to be part of local bank's back door, i think you really need to hire a lawyer. if it was only neighbor's windows and been broken by a basketball threw by your son, hiring a lawyer doesn't seem to be a good idea.
he broke the window, avoid court, make an agreement, you pay for it...
make him work to pay you back.
First, even if this is a criminal case of vandalism a public defender is highly unlikely. Unless you're talking about a church's stained glass window which stands 15 feet by 10 feet you're looking at probation and restitution most likely.
(as for the church window, it cost me $1,200 in 1968)
If this is a civil matter, then again, you're looking at restitution and depending on the amount of damages, it may be held in small claims court where, in most states, attorneys are not allowed.
So, without more information there is no way to tell you yes or no.
I would advise however, that if this is a civil matter, I would not advise the added expense. If criminal it would depend on the level of infraction and the damages and your child's past record. But generally, I would not advise an attorney unless the criminal matter rises to the level of a felony and the state is prosecuting as an adult.
If he is being charged with a crime vs. a violation, then you should get him a lawyer. Breaking a window sounds like the kind of thing that should have been settled with your son paying for the window and you kicking your son's ***. What is the charge?
Depends upon the charges. If he is charged with a homicide or armed robbery and they plan to try him as an adult, definitely get a lawyer if you don't like the one they appoint for him. If, on the other hand, he is charged as a minor with minor vandalism, and they want to make him spend his summer vacation in counseling and community service, I would say that would be the best thing for him.
In either case, you should really contact your state or local legal aid society for free legal advice, not folks like me (as much as I'd like to help). You can probably find your state's legal aid society by putting the name of your state plus "legal aid society" in a search engine like Yahoo or Google. It is probably also listed in your phone book, or you can find it by dialing information.
Do I owe Earthlink DSL any money? I say no. Their lawyer says yes.?
I entered into an agreement with Earthlink to recieved DSL for $x dollars a month for an entire year. The agreement had an early termination fee.
6 months in, Earthlink started charging me the regular price, not the promised discount price. I spent 8 hours over the next 3 months talking to customer service about being overcharged. I was fed a variety of excuses, including that excuse that the contract was for only 6 months.
So with 2 months left on the 1 year oral contract (which Earthlink was no longer honoring and even claimed didn't exist), I switched to Yahoo! DSL and refused to pay Earthlink anymore.
Earthlink has tried to collect 2 months at the regular price plus the early termination fee of $150. I sent them a letter explaining how with all the overpayments I made, I only owed $9.99 and that fee was not applicable since they broke the contract, not me. A collection agency has tried to collect. Now a law office is trying to collect.
Answers:
That's easy. You, of course, kept a copy of the contract you entered into. If it was via an email, print it out and send it to their lawyers with a cover letter stating that they should cease contacting you.
Of course, if you didn't bother to keep a copy of the contract, you don't have a leg to stand on.
I would just pay it. if you don't it will mess up your credit.
Sorry, but YOU broke the contract not them. From what it sounds like you did NOT pay attention to the terms of the offer. There is MANY ISPs that offer a discount rate for 3-6months, but to get that rate you have to agree to a 1-2 year contract. When you ordered the service you agreed, and this became a contract. Sorry, but this is a typical service contract term with typical benefits (6 months discounted rate and 6months normal, etc).
The law office can now file suit against you, and if they win can collect the outstanding debt, PLUS their fees. They'll also be able to obtain a wage garnishment order. Bottom line you either need to pay or get a lawyer at this point. This is already effecting your credit, and can ruin your credit if they must file a suit and get a wage garnishment order. Act now and they may agree to a settlement otherwise it's court time.
I don't know why people think an oral contract is NOT valid. They ARE very valid, especially if they (as Earthlink will) a recording of the conversation where the terms where agreed to. Most states only make them not legal if for a period over 2-5 years in length and/or for high dollar amounts (ie $100k), otherwise they are legally binding, and in some this can be overcome by having the conversation recorded.
Also if you signed up online this is a written contract and legally binding even though you never "wrote" your signature on it.
I would tell them to shove it. I would say, "don't ever call me about this again. If you do, I will sue you for harassment. I am never paying you a dime, not ever. Don't call me, don't write me, don't contact me at all. Period. If this shows up on my credit report, I will complain to every agency i can find. I will call your office everyday until you have it removed."
look for proof of the terms of the contract (a copy of the contract) and proof that they broke the contract (a copy of the bill) save that and mail copies of both to the bill collectors and lawyers.
yeah, just pay it.
I have earthlink, unfortunately, and yes, you do owe them what they say you do. You can't/wont' win. They will give a bad mark on your credit, haunt you, and win. What do you/we the consumer have to stand on? Not much. They always win.
If their lawyer believes you broke the contract, then almost certainly you did. Perhaps you misunderstood the contract from the beginning. All businesses these days make contracts which are intentionally easy to misunderstand, but in a courtroom, you will lose.
An oral contract is NOT legally binding if it exceeds a certain $ value which is normally quite low- $100 or so.
Earthlink is affectionately known as "Earthstink." Anything anybody can screw up, they can screw up better.
Be prepared to spend more hours on the phone, dickering with a cust service rep who doesn't have a clue.
you see, an oral contract isn't binding. The Uniform comercial code says so. An everybody agrees. Except Earthlink.
And once this is over and done with,be prepared to receive calls from Earthlink about their special offers. "
Goodluck.
Just to verify what are the promotions elnkis offering , you can call sales dept again and ask them what promotions elnk offers to new customers. You will know exactly that most of them will be at a discounted rate for 3-6 mos and on the 7th to 12th month it will be back to the monthly recurring rate.
when you switched to dsl yahoo before your contract was up- (because elnk leases the phoneline for a year when you agreed to having dsl with them) the dsl from elnk was released. Dsl relies solely on a phone line - Technically elnk is not proving you dsl service anymore( if sbc yahoo is) but since billing wise, your account is still active, you should have kept it until the commitment is up and you won't be charged the termination fee. im sorry, you may need to pay elnk or call customer assitance for help, just explain your case and take a deep breath before you call- it might be aggravating but I'm sure they will help you. But if it was already forwarded to the collections, you may have to deal with them or send a letter of dispute - ideally all calls are documented on the elnk side
6 months in, Earthlink started charging me the regular price, not the promised discount price. I spent 8 hours over the next 3 months talking to customer service about being overcharged. I was fed a variety of excuses, including that excuse that the contract was for only 6 months.
So with 2 months left on the 1 year oral contract (which Earthlink was no longer honoring and even claimed didn't exist), I switched to Yahoo! DSL and refused to pay Earthlink anymore.
Earthlink has tried to collect 2 months at the regular price plus the early termination fee of $150. I sent them a letter explaining how with all the overpayments I made, I only owed $9.99 and that fee was not applicable since they broke the contract, not me. A collection agency has tried to collect. Now a law office is trying to collect.
Answers:
That's easy. You, of course, kept a copy of the contract you entered into. If it was via an email, print it out and send it to their lawyers with a cover letter stating that they should cease contacting you.
Of course, if you didn't bother to keep a copy of the contract, you don't have a leg to stand on.
I would just pay it. if you don't it will mess up your credit.
Sorry, but YOU broke the contract not them. From what it sounds like you did NOT pay attention to the terms of the offer. There is MANY ISPs that offer a discount rate for 3-6months, but to get that rate you have to agree to a 1-2 year contract. When you ordered the service you agreed, and this became a contract. Sorry, but this is a typical service contract term with typical benefits (6 months discounted rate and 6months normal, etc).
The law office can now file suit against you, and if they win can collect the outstanding debt, PLUS their fees. They'll also be able to obtain a wage garnishment order. Bottom line you either need to pay or get a lawyer at this point. This is already effecting your credit, and can ruin your credit if they must file a suit and get a wage garnishment order. Act now and they may agree to a settlement otherwise it's court time.
I don't know why people think an oral contract is NOT valid. They ARE very valid, especially if they (as Earthlink will) a recording of the conversation where the terms where agreed to. Most states only make them not legal if for a period over 2-5 years in length and/or for high dollar amounts (ie $100k), otherwise they are legally binding, and in some this can be overcome by having the conversation recorded.
Also if you signed up online this is a written contract and legally binding even though you never "wrote" your signature on it.
I would tell them to shove it. I would say, "don't ever call me about this again. If you do, I will sue you for harassment. I am never paying you a dime, not ever. Don't call me, don't write me, don't contact me at all. Period. If this shows up on my credit report, I will complain to every agency i can find. I will call your office everyday until you have it removed."
look for proof of the terms of the contract (a copy of the contract) and proof that they broke the contract (a copy of the bill) save that and mail copies of both to the bill collectors and lawyers.
yeah, just pay it.
I have earthlink, unfortunately, and yes, you do owe them what they say you do. You can't/wont' win. They will give a bad mark on your credit, haunt you, and win. What do you/we the consumer have to stand on? Not much. They always win.
If their lawyer believes you broke the contract, then almost certainly you did. Perhaps you misunderstood the contract from the beginning. All businesses these days make contracts which are intentionally easy to misunderstand, but in a courtroom, you will lose.
An oral contract is NOT legally binding if it exceeds a certain $ value which is normally quite low- $100 or so.
Earthlink is affectionately known as "Earthstink." Anything anybody can screw up, they can screw up better.
Be prepared to spend more hours on the phone, dickering with a cust service rep who doesn't have a clue.
you see, an oral contract isn't binding. The Uniform comercial code says so. An everybody agrees. Except Earthlink.
And once this is over and done with,be prepared to receive calls from Earthlink about their special offers. "
Goodluck.
Just to verify what are the promotions elnkis offering , you can call sales dept again and ask them what promotions elnk offers to new customers. You will know exactly that most of them will be at a discounted rate for 3-6 mos and on the 7th to 12th month it will be back to the monthly recurring rate.
when you switched to dsl yahoo before your contract was up- (because elnk leases the phoneline for a year when you agreed to having dsl with them) the dsl from elnk was released. Dsl relies solely on a phone line - Technically elnk is not proving you dsl service anymore( if sbc yahoo is) but since billing wise, your account is still active, you should have kept it until the commitment is up and you won't be charged the termination fee. im sorry, you may need to pay elnk or call customer assitance for help, just explain your case and take a deep breath before you call- it might be aggravating but I'm sure they will help you. But if it was already forwarded to the collections, you may have to deal with them or send a letter of dispute - ideally all calls are documented on the elnk side
Do I need to pay If I want to file a case in US?
If I want to file a case against some one who cheated me and I am not in USA I live in another country so how can I file a case and whether I have to pay for it or I can file directly
Answers:
Varies depending on what you are filing. A criminal case costs nothing to file; call the district atty or the police in the county where the person lives. CIvil case varies from state to state; need to call clerk of court to see if and what the filing fees are.
You can file a case from almost anywhere although there is
a fee to file...the only exception is criminal..you call the
D.A.s office in the state the other party lives in....keep in
mind that the other party can countersue, and remember also
that you must appear in person when the case is on the docket.
Answers:
Varies depending on what you are filing. A criminal case costs nothing to file; call the district atty or the police in the county where the person lives. CIvil case varies from state to state; need to call clerk of court to see if and what the filing fees are.
You can file a case from almost anywhere although there is
a fee to file...the only exception is criminal..you call the
D.A.s office in the state the other party lives in....keep in
mind that the other party can countersue, and remember also
that you must appear in person when the case is on the docket.
Do i need legal assistance on comprehensive car insurance?
Answers:
If you are caught in a legal wrangle and have legal assistance then the fees are covered. If you hurt your back at work, I believe you can use the legal assistance there as well.
Your question doesn't make sense??
Comprehensive coverage on an automobile policy protects you from theft, vandalism, and "acts of God" (like if a tree branch fell on your car in a storm) and a few other "non-collision" incidents.
Can you explain more about your situation?
I don't have legal cover with my insurance, although I do wonder if it would have helped a few months ago when a pedestrian stepped out in front of me and I had to make a claim on my policy even though it wasn't my fault.
I would say yes, definitely and always specify to your insurance company that you want it included in your policy. Some companies have a devious way of not including it and charging you extra.
Apologies for my long answer, bear with me because I may have useful information for you!
I once had a comprehensive policy and I wasn't aware that it didn't come with legal insurance. One night some idoit backed into my car when I was at a petrol station in my vehicle whilst waiting to fill up with fuel. We exchanged details, insurance companies etc and I informed my insurance company of the accident. The man that backed into my car, very kindly decided not to report it to his insuracne company. When I called to ask what I could do about it, I was told I would have to make a claim on my policy, therby losing my excess and no claims bonus, so that they could then pursue the claim against the other driver and IF they were sucessful, I could claim back my excess and no claims bonus. They told me that I would have to do this as I had no legal protection on my policy. Had i taken out legal protection, they would have fouhgt this for me and I wouldn't have lost anything.
I took the decision at the time not to pursue the matter as it would cost me more in the long run.
I would now always include legal protection, just in case. I believe it would also cover you if someone made a claim agianst you afetr an accident. Eg, your passenger claiming for an injury caused in a collision.
Hope this helps.
Further to the above answer, please note that with most insurance companies the motor legal insurance will only cover you if the other driver is at fault.
Direct Line's official statement is : Motor legal insurance gives you up to æ‹¢100,000 worth of legal cover to help you persue a personal injury claim or recover uninsured losses following a road traffic accident which was not your fault.
So, if you cause the accident, the cover does not apply.
If someone else hits you and damages your car then you can use the legal insurance to possibly claim back any costs you incur. So let's say you get whiplash and have to go to hospital once a week for a month for physio. The legal cover can help you claim in a small claims court for the loss of earnings, cost of taxi's etc... while you can't drive and any other associated costs. It will also provide you with a legal team to discuss your case with you and even present it in the small claims court if you want.
I think that it is useful to have in your policy as it gives you that back-up if you ever need it.
If you have an accident that is not your fault, your insurance company will pay for the material damage to your car under your own insurance. (Or pay its market value if a total loss).
However you may suffer other losses that they will not cover - these are known (unsurprisingly) as uninsured losses. Examples are:
The excess under your policy.
Increased transportation costs
Cost of hiring a car.
Time off work
Personal Injury
These uninsured losses have to be claimed back from the negligent driver (who usually seeks protection of his insurance company). However the costs might be difficult to quantify and there may be a dispute over liability and you may find it difficult to pay ongoing expenses.
Legal assistance AKA ULR insurance should be an insurance policy to cover you against the legal and other costs you incur in proceeding with your claim should you be unsuccessful in recovering them from the other person.
The cost of these policies is not great (æ‹¢15-æ‹¢20 these days) and is definitely worth considering. Beware of After The Event companies doing no-win, no-fee as their costs on a succesful recovery could be substantial. (Even though they are now regulated)
Do i need a solicitor?
i am attending court tomorrow for driving offences and im unsure wether i need a solicitor there with me
Answers:
Whether you do or not doesn't matter now because you are unlikely to get one at such short notice.
I'm guessing that as the case has gone to court there is a chance you could lose your licence.
You could ask for an adjournment but you will need to think up a good reason.
.
If you're pleading guilty - No. If you intend to fight it then yes.
Well I've been an i didn't need one for the fine and penalty points i got but it all depends what you've done
it is a bit late now aint it ? should have thought about it when you got the summons. depends on what the offences are and if pleading guilty
Ask to speak to the duty solicitor when you get to court.
I would seriously recomend a solicitor. My solicitor ensured that my fine and points reflected the offence and also ensured I could afford the fine. Also managed to keep my license through hardship which i wouldn't have been able to do on my own.
it depends what they are charging you with but anyway your far to late now
You can ask to speak with the duty solicitor when you arrive at the court and discuss the situation with him/her. It will not cost you anything.
A man who defends himself, has a fool for an advocate.
Answers:
Whether you do or not doesn't matter now because you are unlikely to get one at such short notice.
I'm guessing that as the case has gone to court there is a chance you could lose your licence.
You could ask for an adjournment but you will need to think up a good reason.
.
If you're pleading guilty - No. If you intend to fight it then yes.
Well I've been an i didn't need one for the fine and penalty points i got but it all depends what you've done
it is a bit late now aint it ? should have thought about it when you got the summons. depends on what the offences are and if pleading guilty
Ask to speak to the duty solicitor when you get to court.
I would seriously recomend a solicitor. My solicitor ensured that my fine and points reflected the offence and also ensured I could afford the fine. Also managed to keep my license through hardship which i wouldn't have been able to do on my own.
it depends what they are charging you with but anyway your far to late now
You can ask to speak with the duty solicitor when you arrive at the court and discuss the situation with him/her. It will not cost you anything.
A man who defends himself, has a fool for an advocate.
Do i need a licence for playing Radio instore?
for a store in a shopping centre in the uk
what if i play radio from a web based radio station
do i have to have a PMR licence or a PPL licence (whatever that is, thought it was Private Pilots licence myself)
is it based on the content of the radio or the station itself
or across the web
are there any laws about re-broardcasting
or can i just pipe it thru the store
Answers:
The PRS (Performing Rights Society) got me about a month ago. Apparently it's been law to have a license to play a radio or CD's in a shop where more than 5 people can hear it since 1988 but they've only recently started clamping down on people. I run a water garden centre and have one speaker playing the radio in my shop area - for which i'm paying æ‹¢102 per year. If I had a tanoy system with more than 1 speaker in use then the price would have gone up to about æ‹¢350 for the year.
Yeah, you need a PRS licence for the public performance of copyright music and also a PPL licence for the recording rights. If they catch you playing it without having declared it you'll be charged at a higher rate
If the broadcasting is a free service then i dont think you need a license.
Simple answer is yes. Smarty got there first, lol.
radio comes under TV licences you have to have a TV licence to play a radio as it can pick up BBC radio a service covered by a TV licence Dave
what if i play radio from a web based radio station
do i have to have a PMR licence or a PPL licence (whatever that is, thought it was Private Pilots licence myself)
is it based on the content of the radio or the station itself
or across the web
are there any laws about re-broardcasting
or can i just pipe it thru the store
Answers:
The PRS (Performing Rights Society) got me about a month ago. Apparently it's been law to have a license to play a radio or CD's in a shop where more than 5 people can hear it since 1988 but they've only recently started clamping down on people. I run a water garden centre and have one speaker playing the radio in my shop area - for which i'm paying æ‹¢102 per year. If I had a tanoy system with more than 1 speaker in use then the price would have gone up to about æ‹¢350 for the year.
Yeah, you need a PRS licence for the public performance of copyright music and also a PPL licence for the recording rights. If they catch you playing it without having declared it you'll be charged at a higher rate
If the broadcasting is a free service then i dont think you need a license.
Simple answer is yes. Smarty got there first, lol.
radio comes under TV licences you have to have a TV licence to play a radio as it can pick up BBC radio a service covered by a TV licence Dave
Do I need a letter of guardianship?
I have custody of my 2 children who's father recently passed away and I would like to know if I need a letter of guardianship in order for them to receive the survivor benefits that they are entitled to from the military %26 his life insurance. Their father was in the military, in active duty.
Answers:
No, just file. I assume you and him were still married at the time of his death, if so, there should be no problem at all, VA Administration should help you out with all the paper work. Your husband can name any person he wants as beneficiary to his life insurance. My nephew was killed last Oct in Iraq, his wife had the life insurance check within 36 hrs, and the children were put on benefits within a week.
I wouldn't think so if they are his surviving heirs. Consult an attorney on the specifics of the life insurance plan though. Insurance companies can be pretty sneaky and put all kinds of fine print in there, the government can be just as sneaky so get any kind of documents you can from them. They don't like to produce anything without a fight though so you might need an attorney for that too if they aren't cooperative.
go to www.usmilitary.mil and you should be able to find a connection to this question or at least be able to write to the branch of the service your husband was in to find out what paperwork you need to do to implement survivor rights for you and your children. You are entitled to benefits even if you and your husband were separated because you now care for the children alone.
Answers:
No, just file. I assume you and him were still married at the time of his death, if so, there should be no problem at all, VA Administration should help you out with all the paper work. Your husband can name any person he wants as beneficiary to his life insurance. My nephew was killed last Oct in Iraq, his wife had the life insurance check within 36 hrs, and the children were put on benefits within a week.
I wouldn't think so if they are his surviving heirs. Consult an attorney on the specifics of the life insurance plan though. Insurance companies can be pretty sneaky and put all kinds of fine print in there, the government can be just as sneaky so get any kind of documents you can from them. They don't like to produce anything without a fight though so you might need an attorney for that too if they aren't cooperative.
go to www.usmilitary.mil and you should be able to find a connection to this question or at least be able to write to the branch of the service your husband was in to find out what paperwork you need to do to implement survivor rights for you and your children. You are entitled to benefits even if you and your husband were separated because you now care for the children alone.
Do I need a lawyer?
I lived at my ex-boyfriends-he went to a furniture rental. He put me down as a spouse. We broke up.Since then he is now very behind on payments. I've no contact w/him. Rental place say they gave the case to an attorney w/my info also. I signed nothing there. I wasn't there when my ex signed the contract. I helped him pick out furniture %26 lived with him. But I wasn't on the lease at the apartments. I'm being harrassesed by them. I have no way to contact my ex. The rental place say an attorney will contact me. Now I know that it will not hold up in court because I signed nothing, but do I have to go that far? Do I still need a lawyer? I emailed the corporate office %26 told them the situation. The only thing-before I left him, the manager of the the place wanted $ from my ex. I was still w/my ex-I faxed from work a letter to the manager saying I was going to help my ex w/his budget %26 id make sure that my ex paid $. The rental place didn't mention the fax I sent. But I still signed nothing.
Answers:
The rental company is really reaching trying to hold you liable.
Its hard too answer this question without knowing about the surrounding circumstances in this case the letter you faxed. I hope it does'nt read like you have accepted responsibility for all his non payment..Fearfully i hope that does not work against you.
Since you did not sign a contract i still dont see how they can hold you liable without signature.If you do have to make an appearance you should speak with a public defender..Public defenders are for people who cannot afford legal representation and there are some good ones but they mainly deal with criminal laws regardless they can help you but only if you cant afford to hire your own...get it.? I hope this helps and if notsorry to scare you but there are so many twists and turns in this system that its hard too say ...When men can get away with murder before millions of people because they can buy the right attorney (oj)
I doubt everything this countrys legal system has made claim too since then and so should we all when we are now guilty before innocent..
You should tell the attorney when he calls that you signed nothing and he misrepresented that you were his spouse. I do not see how they can collect if they have no agreement with you.
You signed nothing, don't talk to them
If you didn't sign anything, then I'm not sure how they could say you owe them the money if they take the matter to court. Clearly your boyfriend lied on the contract because you're not his spouse. You should be all set.
If you're signature does not appear anywhere, you're off the hook! Your boyfriend cannot bind you to a contract. Only you can do that by signing it.
Do not even talk to these guys! It does not matter if you KNOW you are not liable for this debt, they are gonna push you until you give them money! This is the business of debt collection, it's a really aggressive and dirty field. You can reason and explain everything, they really don't care. They just need to bring in some money from someone. I'm serious. Get a free consultation from a lawyer though, some will let you come by and sit with them and give you advice.
You need an atty. You may have with your fax created a surityship (a legally binding promised to pay the debt of another)
Answers:
The rental company is really reaching trying to hold you liable.
Its hard too answer this question without knowing about the surrounding circumstances in this case the letter you faxed. I hope it does'nt read like you have accepted responsibility for all his non payment..Fearfully i hope that does not work against you.
Since you did not sign a contract i still dont see how they can hold you liable without signature.If you do have to make an appearance you should speak with a public defender..Public defenders are for people who cannot afford legal representation and there are some good ones but they mainly deal with criminal laws regardless they can help you but only if you cant afford to hire your own...get it.? I hope this helps and if notsorry to scare you but there are so many twists and turns in this system that its hard too say ...When men can get away with murder before millions of people because they can buy the right attorney (oj)
I doubt everything this countrys legal system has made claim too since then and so should we all when we are now guilty before innocent..
You should tell the attorney when he calls that you signed nothing and he misrepresented that you were his spouse. I do not see how they can collect if they have no agreement with you.
You signed nothing, don't talk to them
If you didn't sign anything, then I'm not sure how they could say you owe them the money if they take the matter to court. Clearly your boyfriend lied on the contract because you're not his spouse. You should be all set.
If you're signature does not appear anywhere, you're off the hook! Your boyfriend cannot bind you to a contract. Only you can do that by signing it.
Do not even talk to these guys! It does not matter if you KNOW you are not liable for this debt, they are gonna push you until you give them money! This is the business of debt collection, it's a really aggressive and dirty field. You can reason and explain everything, they really don't care. They just need to bring in some money from someone. I'm serious. Get a free consultation from a lawyer though, some will let you come by and sit with them and give you advice.
You need an atty. You may have with your fax created a surityship (a legally binding promised to pay the debt of another)
Do I need a lawyer to expunge my records or can I do it myself in the state of Texas?
I have been arrested twice within the last 4 years for DWI. The 1st in 2003, I was found not guilty. The 2nd in 2005, was reduced to reckless driving which of course I pleaded "no contest" to and was given 6 months adjudication. I need to have these records expunge. Do I need a lawyer or can I do it myself?- San Antonio, TX
Answers:
http://www.charges-dropped.com/law/expun...
It seems as if you could get the documents from a court and that you are eligible to have the arrest and conviction expunged. I dont know how quickly you can get it done, and if you are applying for a job it may not be soon enough.
If timing is that critical, I'd suggest getting an attorney or at least talking to one who may know how to expedite the process.
An attorney is your best bet to ensure that you get these expunged in a proper and timely manner. If everything is in order it will cost you between $500-1000. Worth every penny!!
you will need a lawyer
Get a lawyer, the first charge can be expunged, the second cannot.
Answers:
http://www.charges-dropped.com/law/expun...
It seems as if you could get the documents from a court and that you are eligible to have the arrest and conviction expunged. I dont know how quickly you can get it done, and if you are applying for a job it may not be soon enough.
If timing is that critical, I'd suggest getting an attorney or at least talking to one who may know how to expedite the process.
An attorney is your best bet to ensure that you get these expunged in a proper and timely manner. If everything is in order it will cost you between $500-1000. Worth every penny!!
you will need a lawyer
Get a lawyer, the first charge can be expunged, the second cannot.
Do I need a job permit (full description)?
I'm 15, and Californian. I've already got a job, and my boss is something of a family friend; I've known her for several years now, because my sister used to work for her. Is a work permit necessary? If it's relevant at all, I'll be paid in cash.
Answers:
Yes... however you can get away without one... especially if it is a family friend paying you cash.
You can look at this article for more info...
http://www.hsc.org/chaos/teens/work_perm...
"Anyone younger than 18 who has not graduated from high school is required by California laws to obtain a work permit upon employment. These laws are very poorly enforced, and your kid may get a job and find that his employer does not ask him to get a work permit. On the other hand, it may be necessary to get one."
Legally you are supposed to get one... but like I said... a friend of the family probably won't ask you for one. You will definately need to get one if it is for a school class.
your mom is gay
Answers:
Yes... however you can get away without one... especially if it is a family friend paying you cash.
You can look at this article for more info...
http://www.hsc.org/chaos/teens/work_perm...
"Anyone younger than 18 who has not graduated from high school is required by California laws to obtain a work permit upon employment. These laws are very poorly enforced, and your kid may get a job and find that his employer does not ask him to get a work permit. On the other hand, it may be necessary to get one."
Legally you are supposed to get one... but like I said... a friend of the family probably won't ask you for one. You will definately need to get one if it is for a school class.
your mom is gay
Do i have to send back this ipod that i got by mistake?
i just moved in to a new apt about 2 months ago . today a ups gye dropped of a package adresses to my apt but with someone elses name on it but my apt nun the less. i opened it up and insied was a brand new ipod shuffel. this person bought it on may 30th of this year . i sent an email to the seller that this person dose not live here . do i have to return it or what .i have not gotten a response and i checked with all the other people in my building and that perosn has never lived here in that building . the ipod shuffel was brand new never been opend. what do i have to do legaly .can i keep it ?
Answers:
heck no. thats worth money and money is valuable. finders keepers...
deny everything later
No way. Return to sender C. O. D. That would not be right to keep it. It's called theft.
Yes you do have to return it. The mail was no addressed to you and therefore you should not have even opened it.
It's a crime to open someone elses mail
it's a crime to keep something that isn't yours
you do the math
If it was not addressed to you, but in fact was addressed to someone else (as opposed to "So and so OR current resident") then you should not have opened it to begin with. It may be a federal offense.
If you opened it by mistake, then you should return it to the sender indicating "not at this address."
if you just complete a few quick tasks on this site they'll send you an ipod, completely free of charge!!
Answers:
heck no. thats worth money and money is valuable. finders keepers...
deny everything later
No way. Return to sender C. O. D. That would not be right to keep it. It's called theft.
Yes you do have to return it. The mail was no addressed to you and therefore you should not have even opened it.
It's a crime to open someone elses mail
it's a crime to keep something that isn't yours
you do the math
If it was not addressed to you, but in fact was addressed to someone else (as opposed to "So and so OR current resident") then you should not have opened it to begin with. It may be a federal offense.
If you opened it by mistake, then you should return it to the sender indicating "not at this address."
if you just complete a few quick tasks on this site they'll send you an ipod, completely free of charge!!
Do I have to pay for his play station?
ok, the former baby sitter claims that my sons stuffed toys in her husband's. they were not in the room watching my sons while they supposedly did this. also, they were also watching another 3 year old at the time. the playstation was not put out of my children's reach...she admitted that she piled clothes and a book on top of it and my sons happened to find it. sad twist to this? he's a cop and where i live, cops and government officials stick with each other. should i have to pay for it?
Answers:
I would not only not pay for the PlayStation, I would write a letter to her rebuking her inattentiveness in supervising your children, and possibly endangering their lives.
What if, by stuffing the PS with toys, it started a fire?
She allowed the PS to be accessible to the children. She did not properly babysit the children. Therefore, her negligence was responsible for the damage to the PS.
If you send to her a stern letter, I'm sure she will drop the issue.
i would sue
I don't think you should have to pay for the playstation because if they were really watching your son it wouldn't have happened. So if they really wanted to get into to it you can get them in trouble for child neglect for not watching your son.
No, you shouldn't pay for it. Had they taken better care of the playstation, it wouldn't be broken. Also, if they had taken better care of the children, the children wouldn't have played with the playstation. You shouldn't pay for it. If it was that important to them, it would have been taken care of.
no... it's their fault you should sue!lol good luck and god bless
I would say morally you are obligated to pay for it. You are responsible for your children's behavior even when you are not around.
If its a PS1, then bite thet bullet and get a new one for about 30 bucks. If its a PS2 then it will be up to you figure a fair amount of reimbursment. If its a PS3, ouch! thats going to cost you a lot of dough. Maybe some kind of payment plan or something else, who knows, my question to you is what happened to the playststion in detail? Did it overheat, break apart, or wind up unusable some how? Maybe its still under warranty? In the end a fine machine was the victim of your in ability to babysit.
You shouldn't have to pay for it. These people were actually responsible for watching your children. The key word is responsible. As a matter of fact, your children could have been hurt if the toy had fallen on them, or worse yet, they could have been electrocuted if it was plugged in. Sadly, the reality is that even if you are justified in not having to pay, you may regret not paying for it. If you live in a town where all the authorities stick together, they may make your life very difficult. I've experienced this. So unfortunately, the question may be: Do you want to be right, or do you want to be happy?
--- or maybe you should move.
Answers:
I would not only not pay for the PlayStation, I would write a letter to her rebuking her inattentiveness in supervising your children, and possibly endangering their lives.
What if, by stuffing the PS with toys, it started a fire?
She allowed the PS to be accessible to the children. She did not properly babysit the children. Therefore, her negligence was responsible for the damage to the PS.
If you send to her a stern letter, I'm sure she will drop the issue.
i would sue
I don't think you should have to pay for the playstation because if they were really watching your son it wouldn't have happened. So if they really wanted to get into to it you can get them in trouble for child neglect for not watching your son.
No, you shouldn't pay for it. Had they taken better care of the playstation, it wouldn't be broken. Also, if they had taken better care of the children, the children wouldn't have played with the playstation. You shouldn't pay for it. If it was that important to them, it would have been taken care of.
no... it's their fault you should sue!lol good luck and god bless
I would say morally you are obligated to pay for it. You are responsible for your children's behavior even when you are not around.
If its a PS1, then bite thet bullet and get a new one for about 30 bucks. If its a PS2 then it will be up to you figure a fair amount of reimbursment. If its a PS3, ouch! thats going to cost you a lot of dough. Maybe some kind of payment plan or something else, who knows, my question to you is what happened to the playststion in detail? Did it overheat, break apart, or wind up unusable some how? Maybe its still under warranty? In the end a fine machine was the victim of your in ability to babysit.
You shouldn't have to pay for it. These people were actually responsible for watching your children. The key word is responsible. As a matter of fact, your children could have been hurt if the toy had fallen on them, or worse yet, they could have been electrocuted if it was plugged in. Sadly, the reality is that even if you are justified in not having to pay, you may regret not paying for it. If you live in a town where all the authorities stick together, they may make your life very difficult. I've experienced this. So unfortunately, the question may be: Do you want to be right, or do you want to be happy?
--- or maybe you should move.
Do i have to go to school in the district of my guardians?
I am moving out, but i am 17, i have consent. But i dont understand the laws in Missouri. Do i have to go to school where my legal guardians live if i am under 18, or can i go to school in any district that i live in?? If anyone knows please help. And telling me to just stay home will not help. My family and I both agree that me+gone=happyness
Answers:
In your State of Missouri, this concerns enrollment policies for neighborhood schools.
According to Chapter 167 of Missouri's Safe Schools Act, families registering a child for school must show proof of his or her residency in the school district. The statute states that anyone who knowingly submits false information is guilty of a Class A misdemeanor
You must be prepared to prove your place of residence, a letter from your landlord, envelopes mailed to you at that address, such as utility bills, telephone, credit card.
An affidavit prepared by your parent, especially if you've gained legal emancipation would also be helpful.
You will have to check out what the guardianship laws are where you are from.
Here you can go to any school so long as there is agreement from your guardians.
Most places allow you to go to school in the area you live.
You can go wherever you want, providing that whoever you live with is your guardian. A person in Missouri can obtain guardianship of a minor for the sole purpose of school registration.
Whoever you live with can request a waiver of proof of registry when they go to register you. This is also needed to prove that you live in the district. The school board has 45 days from the time of the request to hold a hearing for the purpose of determining whether the student is eligible to waive proof of residency on the basis of hardship or good cause. See subsection 2 and 3 in section 167.020 RSMo.
It's likely you'll be accepted. Usually the only reason for not accepting such a move is if you're doing it because you want to play on a certain sports team. It's been deemed unconstitutional to force you to go to school where your parents live, even though it's okay to say you must go to school where you live.
While you're waiting for the school board to decide your fate, you will be allowed to attend classes. If the board makes no decision, you become a resident student.
The only thing likely to stop this from going through is if you have a bad permanent record (expulsion, drugs, alcohol), making the new school view you as "dangerous."
Answers:
In your State of Missouri, this concerns enrollment policies for neighborhood schools.
According to Chapter 167 of Missouri's Safe Schools Act, families registering a child for school must show proof of his or her residency in the school district. The statute states that anyone who knowingly submits false information is guilty of a Class A misdemeanor
You must be prepared to prove your place of residence, a letter from your landlord, envelopes mailed to you at that address, such as utility bills, telephone, credit card.
An affidavit prepared by your parent, especially if you've gained legal emancipation would also be helpful.
You will have to check out what the guardianship laws are where you are from.
Here you can go to any school so long as there is agreement from your guardians.
Most places allow you to go to school in the area you live.
You can go wherever you want, providing that whoever you live with is your guardian. A person in Missouri can obtain guardianship of a minor for the sole purpose of school registration.
Whoever you live with can request a waiver of proof of registry when they go to register you. This is also needed to prove that you live in the district. The school board has 45 days from the time of the request to hold a hearing for the purpose of determining whether the student is eligible to waive proof of residency on the basis of hardship or good cause. See subsection 2 and 3 in section 167.020 RSMo.
It's likely you'll be accepted. Usually the only reason for not accepting such a move is if you're doing it because you want to play on a certain sports team. It's been deemed unconstitutional to force you to go to school where your parents live, even though it's okay to say you must go to school where you live.
While you're waiting for the school board to decide your fate, you will be allowed to attend classes. If the board makes no decision, you become a resident student.
The only thing likely to stop this from going through is if you have a bad permanent record (expulsion, drugs, alcohol), making the new school view you as "dangerous."
Do I have to file a legal change of name form to add an accent mark to my first name?
I want to add an 猫 in place of an "e" in my first name; do I have to legally change my name to do that, or can I just do it? Specifically I was wondering if I could put that on my checks, job applications, credit card, and other "official" papers, or if that would be misrepresenting my name? Please cite your sources as I don't want to go to jail over misinformation from FreeLawAnswer.com =).
Answers:
I changed my name with out any problems. Growing up people had such a hard time spelling it so I adjusted it some. My parents lawyer told me that if I changed it and DID not use it for any criminal activity its legally ok to make any changes. I went to the DMV and changed it - No q's ask. When I lost my S.S card I told them what it should be and no Problems either. Its your preference and your name.
MONEY
Live with who you are.
Answers:
I changed my name with out any problems. Growing up people had such a hard time spelling it so I adjusted it some. My parents lawyer told me that if I changed it and DID not use it for any criminal activity its legally ok to make any changes. I went to the DMV and changed it - No q's ask. When I lost my S.S card I told them what it should be and no Problems either. Its your preference and your name.
MONEY
Live with who you are.
Do I have to be a U.S. citizen in order to obtain security clearance?
Do I have to be a U.S. citizen in order to obtain security clearance or does it depend on what type of security clearance?
Answers:
Yes, for every level of clearance I am aware of, you MUST be a US citizen. Are there exceptions? If you qualified for one you wouldn't be asking folks on here. (I am talking about clearance to view/handle sensitive intelligence/data.)
Yes I think that is obvious you have to be a citizen for a tssir so it goes without saying that the rest except confidential you would have to
I would say that you do not have to be a citizen to receive many types of clearances, however there will be some types of clearances that most likely require you to be one.. There are many people working in this country at high risk areas that have clearance to sensitive information and are not citizens. We even have people in our military that are not citizens and they are fighting overseas.
Answers:
Yes, for every level of clearance I am aware of, you MUST be a US citizen. Are there exceptions? If you qualified for one you wouldn't be asking folks on here. (I am talking about clearance to view/handle sensitive intelligence/data.)
Yes I think that is obvious you have to be a citizen for a tssir so it goes without saying that the rest except confidential you would have to
I would say that you do not have to be a citizen to receive many types of clearances, however there will be some types of clearances that most likely require you to be one.. There are many people working in this country at high risk areas that have clearance to sensitive information and are not citizens. We even have people in our military that are not citizens and they are fighting overseas.
Do I have to attend a work meeting when I should be at physio?
I have been off work for 6 weeks with a back problem and returned to work yesterday,I have an appointment on Monday for Physio which I really need.I have been told there is a staff meeting on Monday and I have to cancel the Physio but Im not happy to do that it takes long enough to get sorted without cancelling it.Am I in my rights to say I will be going to my appointment and not the meeting,what are the employment laws with this
Answers:
your work can not make you cancel the appointment, contact acas they will be able to tell you, stand your ground, all the best
www.acas.co.uk
Your work have a duty to let you attend any drs appointments. If you are in the uk look up your rights on the net.
I think you are entitled to go, you can get minutes of the meeting. And it generally depends on how nice the company/your boss is
in at will employment, you employer doesn't have to do anything beside pay you for work performed. This means that there is no duty on the employer to accommodate your doctors appointments.
doesn't matter what the laws are , if they want you fired they will find a way . I would cancel and go to the meeting and give them a detailed list of all your physio appointments for the future
Answers:
your work can not make you cancel the appointment, contact acas they will be able to tell you, stand your ground, all the best
www.acas.co.uk
Your work have a duty to let you attend any drs appointments. If you are in the uk look up your rights on the net.
I think you are entitled to go, you can get minutes of the meeting. And it generally depends on how nice the company/your boss is
in at will employment, you employer doesn't have to do anything beside pay you for work performed. This means that there is no duty on the employer to accommodate your doctors appointments.
doesn't matter what the laws are , if they want you fired they will find a way . I would cancel and go to the meeting and give them a detailed list of all your physio appointments for the future
Do I have the right to see my files from a company on health and safety accident book?
I wish to try and look at my accident report after four years can I do that
Answers:
If they're files about you, you have the right to see them!
not sure but put any such request in writing (its for the best)
you must have had a lot of accidents??
an accident book is not releated to one specific person, the book gets completed by anyone who has and accident at your work, then the complated reports go in to a general secure folder ( data protection means restricted access) they dont go on your personal record.
im sure if you had a valid reason to view it your employers should let you.
Ask your management do not be afraid...
Yes, everyone has a right to see their own records, do not get put off by the company saying that you cannot, this is the law and there is nothing they can do about it. They have to provide this information by law, if they say they no longer have this then you can take them to court.
Answers:
If they're files about you, you have the right to see them!
not sure but put any such request in writing (its for the best)
you must have had a lot of accidents??
an accident book is not releated to one specific person, the book gets completed by anyone who has and accident at your work, then the complated reports go in to a general secure folder ( data protection means restricted access) they dont go on your personal record.
im sure if you had a valid reason to view it your employers should let you.
Ask your management do not be afraid...
Yes, everyone has a right to see their own records, do not get put off by the company saying that you cannot, this is the law and there is nothing they can do about it. They have to provide this information by law, if they say they no longer have this then you can take them to court.
Do I have the right to remain silent if I haven't been arrested, or would that be hindering an investigation?
If I have commited a crime, or if i think I may have done something Illegal, or If I just don't feel like talking about something, can I refuse to talk? What is hindering or obstructing an investigation. If the police threaten me with hindering and I talk, can what I say be used against me?
Answers:
If you have done nothing wrong but refuse to speak with police or authorities concerning a crime they think you know something about, you can be charged with obstruction of justice. It is a punishable offense that could involve jail time.
If you are being accused of a crime, you can refuse to say anything without a lawyer present.
If you decide to talk (which is wise, I might add), you have nothing to fear unless you actually DID something wrong.. If you did something wrong, then ask for a lawyer.
What you must understand is that sooner or later, one way or another, you will tell what you know because the court will order you to.
You should take your lawyer with you.
Police don't see their job as finding truth or getting justice. Their job is to arrest people, they make up some lies that show they did the right thing.
In dealing with police it is best to use the five words.
I have nothing to say.
do you have the right not to incrimminate your self its called the fifth ammendment of the constitution but if you have done nothing wrong then you shouldnt have anything to worry about.
The "Right to remain Silent" is part of the Miranda warning. this is a warning advising you of your rights.
It is mistakenly thought of as a condition of arrest. a myth perpetrated by hollywood TV shows and movies.
You do NOT have to get Mirandized when you get arrested if you are being arrested on evidence.
Also you will get Mirandized if you are being questioned as a suspect but have not been arrested.
The Miranda rights are yours PERIOD. whether you are arrested or not.
Miranda rights. You have them. That includes the right to remain silent, which is probably the best thing to do anyway, so that your statements can't be later twisted by corrupt cops and DA's.
The U.S. Constitution and it's Bill of Rights bestow our rights and freedoms as Americans.
You don't have to remain silent if you haven't been arrested
however, if what your saying interferes with a criminal investigation, then yes, you are obstructing or interfering
Remember, the law protects the citizens but it also protects enforcement agencies, so if you are considered a threat to the quiet enjoyment of others, chances are you will be charged with obstruction and/or hindering an investigation.
You could also be charged with criminal contempt, disorderly conduct or any similar charge. Of course, this could all be dropped but why would you want to take the chance and interfere in the first place.
Hindering or Obstructing is just what the dictionary states it is. See the links (wikipedia and dictionary.com)
Anything you say can be used against you in a court of law.
which is why they read you the Miranda - make no mistake, law enforcement agencies "know" the law - it's their job - and the law is on their side. So think twice and know the consequences of your actions before you act. If all else fails, talk to a lawyer or someone who knows the law.
Answers:
If you have done nothing wrong but refuse to speak with police or authorities concerning a crime they think you know something about, you can be charged with obstruction of justice. It is a punishable offense that could involve jail time.
If you are being accused of a crime, you can refuse to say anything without a lawyer present.
If you decide to talk (which is wise, I might add), you have nothing to fear unless you actually DID something wrong.. If you did something wrong, then ask for a lawyer.
What you must understand is that sooner or later, one way or another, you will tell what you know because the court will order you to.
You should take your lawyer with you.
Police don't see their job as finding truth or getting justice. Their job is to arrest people, they make up some lies that show they did the right thing.
In dealing with police it is best to use the five words.
I have nothing to say.
do you have the right not to incrimminate your self its called the fifth ammendment of the constitution but if you have done nothing wrong then you shouldnt have anything to worry about.
The "Right to remain Silent" is part of the Miranda warning. this is a warning advising you of your rights.
It is mistakenly thought of as a condition of arrest. a myth perpetrated by hollywood TV shows and movies.
You do NOT have to get Mirandized when you get arrested if you are being arrested on evidence.
Also you will get Mirandized if you are being questioned as a suspect but have not been arrested.
The Miranda rights are yours PERIOD. whether you are arrested or not.
Miranda rights. You have them. That includes the right to remain silent, which is probably the best thing to do anyway, so that your statements can't be later twisted by corrupt cops and DA's.
The U.S. Constitution and it's Bill of Rights bestow our rights and freedoms as Americans.
You don't have to remain silent if you haven't been arrested
however, if what your saying interferes with a criminal investigation, then yes, you are obstructing or interfering
Remember, the law protects the citizens but it also protects enforcement agencies, so if you are considered a threat to the quiet enjoyment of others, chances are you will be charged with obstruction and/or hindering an investigation.
You could also be charged with criminal contempt, disorderly conduct or any similar charge. Of course, this could all be dropped but why would you want to take the chance and interfere in the first place.
Hindering or Obstructing is just what the dictionary states it is. See the links (wikipedia and dictionary.com)
Anything you say can be used against you in a court of law.
which is why they read you the Miranda - make no mistake, law enforcement agencies "know" the law - it's their job - and the law is on their side. So think twice and know the consequences of your actions before you act. If all else fails, talk to a lawyer or someone who knows the law.
Do I have the right to have my posts deleted?
Before I knew much about the internet, I wrote some stupid posts to a yahoo group. I want these deleted, but since I made myself pretty unpopular, and they booted me, the moderators are ignoring me completely. My name is rare, and because of that it is embarrassing to have such posts written under my name. Someone has already tracked me down to that group. Should i be worried?? I am taking it so seriously that I am wondering whether i should make it a legal matter. Can they be forced by law to delete the posts?? Oh, I am bipolar, so I wasn't in my right mind when i wrote the posts (obviously).
Answers:
Once you posted your rants they became the property of Yahoo and not you. They can, at their discretion, be willing to remove the posts, but if you didn't make any friends through your previous actions, it is unlikely that they would be willing to. I would delete my user ID and my current account and simply begin anew.
No, you have no rights - you willingly published in a public place, and now you are stuck with the fact that Internet content lives forever. Nothing you can do about it.
Answers:
Once you posted your rants they became the property of Yahoo and not you. They can, at their discretion, be willing to remove the posts, but if you didn't make any friends through your previous actions, it is unlikely that they would be willing to. I would delete my user ID and my current account and simply begin anew.
No, you have no rights - you willingly published in a public place, and now you are stuck with the fact that Internet content lives forever. Nothing you can do about it.
Do I have the right to choose another doctor if I am on a free insurance plan?
I am 5 months pregnant and do not make much thus I get free insurance when it comes towards my medical expense regarding the baby. I do not trust the current doctor that watches over me and he seems incompetent and do not want him operating on me during surgery. Can I request another doctor under my insurance?
Answers:
You should call your insurance company and tell them you would like a second opinion and who can you see. I don't know about your government insurance programs, but I've never heard of one that did not give you some sort of choice of doctors or at least a second opinion consult. You can also say that the current doctor creeps you out and you want a female doctor. The trick is to keep calling your insurance company back until you get someone who is helpful, knowledgable and sympathetic on the phone. Try calling at different times/shifts if you keep getting the same people.
Sure you can change, you will prorbaly have to pay.
Answers:
You should call your insurance company and tell them you would like a second opinion and who can you see. I don't know about your government insurance programs, but I've never heard of one that did not give you some sort of choice of doctors or at least a second opinion consult. You can also say that the current doctor creeps you out and you want a female doctor. The trick is to keep calling your insurance company back until you get someone who is helpful, knowledgable and sympathetic on the phone. Try calling at different times/shifts if you keep getting the same people.
Sure you can change, you will prorbaly have to pay.
Do I have legal recourse against the party that sold me a home 4 yrs ago without disclosing faulty plumbing?
The seller was a real estate broker, and I had no agent representing me - so I believe his fiduciary responsibility was higher than it would be otherwise. After discovering a slab leak a couple of weeks ago, I found out that the seller had been included in a class action lawsuit against the manufacturer of the faulty polybutylene plumbing pipes. Because of the case settlement, he could have replaced the pipes at the manufacturer's cost, but he did not. Years later, I was sold the property and the pipe situation was not disclosed to me.
My understanding is that real estate transactions in California require full disclosure, and that a lack of disclosure could result in the seller's liability to the buyer. Do I have a case to sue the seller for the $6000 cost of replacing the pipes?
Answers:
You have no case:
The statute of limitations for breach of the statutory duty to inspect and disclose under Civil Code Section 2079.4 runs two years from "the date of possession," which means the earlier of the date of recordation, the date of close of escrow, or the date of occupancy. (Civil Code Section 2079.4)
A realtor sued for negligent nondisclosure of defects in real property may obtain equitable indemnity from a home inspection company that allegedly breached its duty to the purchaser to discover and disclose the same defects. (Leko v. Cornerstone Home Inspection (2000) 86 Cal.App.4th 1109, 1119-1120.)
Equitable indemnity is available even where the home inspection company prepared its report for a different prospective purchaser, in connection with a previous transaction involving the same property, so long as the home inspection company intended or knew with substantial certainty that its report would be used in subsequent transactions involving the property. (86 Cal.App.4th at pp. 1120-1122.)
The facts that a broker must learn, and the advice and counsel required of the broker, depend on the facts of each transaction, the knowledge and the experience of the
principal, the questions asked by the principal, and the nature of the property and the terms of sale.
The broker must place himself in the position of the principal and ask himself the type of information required for the principal to make a well-informed decision. This obligation requires investigation of facts not known to the agent and disclosure of all material facts that might reasonably be limitations for breaches of those duties imposed by section 2079 of two years from the date of possession.
You have to be able to prove that the problems were present at the time of sale. Also, you have to check to see if the statute of limitations have not expired.
NO it was your responsibly to have an inspection conducted BEFORE purchase.
If four years have passed you have no case unless you can somehow prove that the problem existed when you bought the home. If it was caused by the manufacturer then you may be included in the class action. Did you hire a professional home inspector? If you did and he found no problem with the plumbing then there was nothing wrong with it when you bought the house. If he did find something questionable and you bought the house anyway then you're out of luck.
Also, I have been included in a class action lawsuit as a buyer of a certain model of computer but I never new about it until I'd been awarded seventy five bucks by the court.
The facts you've layed out clearly call for a review by a real estate attorney. If the broker knew about the issue and there was a present problem, then it was DEFINITELY under the "full disclosure" requirements of the Truth in Real Estate legislation. I'm not sure what happens when they know of a potential problem that hasn't surfaced yet... That might be his out. but only an attorney can review the information you have and advise you as to the merits of the case..
I'd say it's definitely worth a consultation fee. At least.
My understanding is that real estate transactions in California require full disclosure, and that a lack of disclosure could result in the seller's liability to the buyer. Do I have a case to sue the seller for the $6000 cost of replacing the pipes?
Answers:
You have no case:
The statute of limitations for breach of the statutory duty to inspect and disclose under Civil Code Section 2079.4 runs two years from "the date of possession," which means the earlier of the date of recordation, the date of close of escrow, or the date of occupancy. (Civil Code Section 2079.4)
A realtor sued for negligent nondisclosure of defects in real property may obtain equitable indemnity from a home inspection company that allegedly breached its duty to the purchaser to discover and disclose the same defects. (Leko v. Cornerstone Home Inspection (2000) 86 Cal.App.4th 1109, 1119-1120.)
Equitable indemnity is available even where the home inspection company prepared its report for a different prospective purchaser, in connection with a previous transaction involving the same property, so long as the home inspection company intended or knew with substantial certainty that its report would be used in subsequent transactions involving the property. (86 Cal.App.4th at pp. 1120-1122.)
The facts that a broker must learn, and the advice and counsel required of the broker, depend on the facts of each transaction, the knowledge and the experience of the
principal, the questions asked by the principal, and the nature of the property and the terms of sale.
The broker must place himself in the position of the principal and ask himself the type of information required for the principal to make a well-informed decision. This obligation requires investigation of facts not known to the agent and disclosure of all material facts that might reasonably be limitations for breaches of those duties imposed by section 2079 of two years from the date of possession.
You have to be able to prove that the problems were present at the time of sale. Also, you have to check to see if the statute of limitations have not expired.
NO it was your responsibly to have an inspection conducted BEFORE purchase.
If four years have passed you have no case unless you can somehow prove that the problem existed when you bought the home. If it was caused by the manufacturer then you may be included in the class action. Did you hire a professional home inspector? If you did and he found no problem with the plumbing then there was nothing wrong with it when you bought the house. If he did find something questionable and you bought the house anyway then you're out of luck.
Also, I have been included in a class action lawsuit as a buyer of a certain model of computer but I never new about it until I'd been awarded seventy five bucks by the court.
The facts you've layed out clearly call for a review by a real estate attorney. If the broker knew about the issue and there was a present problem, then it was DEFINITELY under the "full disclosure" requirements of the Truth in Real Estate legislation. I'm not sure what happens when they know of a potential problem that hasn't surfaced yet... That might be his out. but only an attorney can review the information you have and advise you as to the merits of the case..
I'd say it's definitely worth a consultation fee. At least.
Do I have legal ownership of my car?
My grandpa died and part of his estate had a car. My grandpa had 3 kids (my mom being one of them). I was allowed to drive the car for a time period. The title was then transfered to me. I have now mentioned selling it and my mom says that the car is not mine and that title was transfered to me for convenience. I believe the car is mine and I have a right to sell. Am I correct?
Answers:
Legally the car is yours. Morally it is not. Listen to your mother. If you sell the car knowing it is not yours, your mother won't be able to trust you in the future.
If you are over 18 the car is yours. Ask DMV of your state, they will tell you the same thing. I assume no one told you when you got it title was transferred just for 'convienence.'
If the title is in your name, and you have possession, it's yours.
It's family and it's going to be a problem no matter how you look at it ,But , you hold the title, that generally means you own it. was there any stipulations when the title was signed over to you??
You are correct. If that title is in your name, it's your car. HOWEVER, don't ignore the larger relationship with your family. It's far more important than the car. And if you don't believe me, ask anyone beyond their teenage years.
Answers:
Legally the car is yours. Morally it is not. Listen to your mother. If you sell the car knowing it is not yours, your mother won't be able to trust you in the future.
If you are over 18 the car is yours. Ask DMV of your state, they will tell you the same thing. I assume no one told you when you got it title was transferred just for 'convienence.'
If the title is in your name, and you have possession, it's yours.
It's family and it's going to be a problem no matter how you look at it ,But , you hold the title, that generally means you own it. was there any stipulations when the title was signed over to you??
You are correct. If that title is in your name, it's your car. HOWEVER, don't ignore the larger relationship with your family. It's far more important than the car. And if you don't believe me, ask anyone beyond their teenage years.
Do I have any legal rights to trimming neighboors bamboo?
Serious anwers only please...
My neighbor had planted a big stalk of bamboo by our pool about a year ago. It has been causing us trouble ever since and it's gotten huge. The wind blows the leaves into our pool everyday, so we have to spend the money to run the pool pump to vacuum the leaves up. About 1/4 of it is on our side, but it causes us loads of greif. He says that it looks good from his office, but it hangs over and makes our life hard. He has made 2 attempts to convince us that's it's okay by trimming it, but it grows back so fast that we still have to deal with it.
Do we have any legal rights to forcing him to cut it down? It's on our side, but I'm not sure if we can do anything about it.
Thanks for any ideas!
Answers:
You can cut down anything on your side of the line, but can't cross over the line to cut lower. You can dig out the roots that are on your side. I'd use Round-up on the part that was on my side of the line.
Check with the local code enforcer (city or county) about what your rights are as far as his making an illegal encroachment. Probably not much.
If you want to operate outside what is strictly permitted, go out at night and spray salt water on the base of it as far as you can reach into the clump. Or use diluted acid out of your pool supply locker.
I'm not suggesting you go outside the rules.
Since he likes how it looks from his window, you could use the stalks on your side to hang old ratty underwear and rags on to dry.
That's part of living in a 'free society'. Ur going to just have to cut down the 1/4 that keeps growing on ur side, or buid a fence. And it 'grows' back 'so fast'? ur serious on this 1?
no. if it is on there property.
in less you have there permission.
yah you cant cut stuff if it's on their side, but what's hanging on your side you can. And if it's on your side you can spray plant killer on the part that's on your side. Good idea right? haha. I mean, he has to be respectful of you as a neighbor. I don't know about legal rights, but if I were you I would spray **** on that plant to kill it. You are legally able to spray stuff on the part that's on your side. I know that much.
Whatever is on your property, you can trim back.
Don't listen to the Round Up idea, as that doesn't just kill what you spray it on. It'll affect the whole tree. And if you kill his tree, he'll sue.
And he'll win.
If the bamboo is planted on his property.there is not much you can do about it.you might be able to force him to trim the part that is coming over onto your property.but you cannot legally force him to cut it down..its on his property...
have you considered putting up a tall wall along the side where the bamboo is planted.this might keep some of the leaves out of your pool..
*** after reading some of the other replies you have gotten...don't put poison any part of this plant or it will end up killing it... Atavacron is right...it the plant dies all this person has to do is a soil sample to find the cause and you will end up getting sued. and he would win *****
I have bamboo. I'm trying to kill it. The plant is a rhizome.its all one plant. My plant has spread over to 2 of our neighbors and its out of control after 7 years. This was planted by a previous occupant. It is now pushing up all our intricate brick work and moving half way up our yard.
I believe you have recourse if you document your concerns to your neighbor. After all it will overrun your property.and his soon.
One of our neighbors was presented with a letter from a lawyer from her adjoining neighbor. The complaint was that her upkeep of her yard was encouraging ants that were making its way/invading her neighbors home. I don't know how they could prove that, but it worked. She cleaned up her yard immediately.
A letter from an attorney can be very persuasive. Even if you can't sue.your neighbor may not know that. It just has to sound legal and threatening.
My neighbor had planted a big stalk of bamboo by our pool about a year ago. It has been causing us trouble ever since and it's gotten huge. The wind blows the leaves into our pool everyday, so we have to spend the money to run the pool pump to vacuum the leaves up. About 1/4 of it is on our side, but it causes us loads of greif. He says that it looks good from his office, but it hangs over and makes our life hard. He has made 2 attempts to convince us that's it's okay by trimming it, but it grows back so fast that we still have to deal with it.
Do we have any legal rights to forcing him to cut it down? It's on our side, but I'm not sure if we can do anything about it.
Thanks for any ideas!
Answers:
You can cut down anything on your side of the line, but can't cross over the line to cut lower. You can dig out the roots that are on your side. I'd use Round-up on the part that was on my side of the line.
Check with the local code enforcer (city or county) about what your rights are as far as his making an illegal encroachment. Probably not much.
If you want to operate outside what is strictly permitted, go out at night and spray salt water on the base of it as far as you can reach into the clump. Or use diluted acid out of your pool supply locker.
I'm not suggesting you go outside the rules.
Since he likes how it looks from his window, you could use the stalks on your side to hang old ratty underwear and rags on to dry.
That's part of living in a 'free society'. Ur going to just have to cut down the 1/4 that keeps growing on ur side, or buid a fence. And it 'grows' back 'so fast'? ur serious on this 1?
no. if it is on there property.
in less you have there permission.
yah you cant cut stuff if it's on their side, but what's hanging on your side you can. And if it's on your side you can spray plant killer on the part that's on your side. Good idea right? haha. I mean, he has to be respectful of you as a neighbor. I don't know about legal rights, but if I were you I would spray **** on that plant to kill it. You are legally able to spray stuff on the part that's on your side. I know that much.
Whatever is on your property, you can trim back.
Don't listen to the Round Up idea, as that doesn't just kill what you spray it on. It'll affect the whole tree. And if you kill his tree, he'll sue.
And he'll win.
If the bamboo is planted on his property.there is not much you can do about it.you might be able to force him to trim the part that is coming over onto your property.but you cannot legally force him to cut it down..its on his property...
have you considered putting up a tall wall along the side where the bamboo is planted.this might keep some of the leaves out of your pool..
*** after reading some of the other replies you have gotten...don't put poison any part of this plant or it will end up killing it... Atavacron is right...it the plant dies all this person has to do is a soil sample to find the cause and you will end up getting sued. and he would win *****
I have bamboo. I'm trying to kill it. The plant is a rhizome.its all one plant. My plant has spread over to 2 of our neighbors and its out of control after 7 years. This was planted by a previous occupant. It is now pushing up all our intricate brick work and moving half way up our yard.
I believe you have recourse if you document your concerns to your neighbor. After all it will overrun your property.and his soon.
One of our neighbors was presented with a letter from a lawyer from her adjoining neighbor. The complaint was that her upkeep of her yard was encouraging ants that were making its way/invading her neighbors home. I don't know how they could prove that, but it worked. She cleaned up her yard immediately.
A letter from an attorney can be very persuasive. Even if you can't sue.your neighbor may not know that. It just has to sound legal and threatening.
Do I have any grounds to contest my dads will?
My dad died june 12, 2006. He bought a house in Dec. of 2005, he always said he didnt want to die in that apartment and he wanted to live something to his kids. He had been saving for 10 years or more for a down payment. After they bought the house he told us that when they die that it would be split 4 ways between us girls, but was willed to each other. His wife moved in with her daughter 6 months after he died and she offered the house to us for 90,000 knowing we couldnt pay. She wouldnt rent to own, land contract nothing. Now she says she "sold" the house to her daughter and she is going to make all the repairs and sell it in Sept. I think this whole thing was planned. She moved 6 months later (to contest a will you have 6 months). She sold it to her daughter who can fix it up and then they are left with all daddy ever had. While we just have old tshirt and pics. I would like for one of us to have the house or if not a % of their profits. Seems fair enough. Do we have any grounds
Answers:
Hurry up and go see an attorney. It shouldn't cost anything to ask over the phone, and it's a better answer than you're going to get on FreeLawAnswer.com !
What does this mean, "willed to each other."? If the house wasn't mentioned in the will, then his wife probably gets everything else. She is the next of kin, even if it was a second marriage.
Well, it would help to know HOW his will was made/worded. And HOW the deed to the home was listed. The EXACT words on the deed such as Him and Her, joint tenants with right of survivorship or some such.
You are probably stuck; the terms of the will are binding unless it can be shown that it was executed under duress of some sort. But this is definitely worth a conversation with a lawyer; it may be showable that the terms of the will were not followed.
Answers:
Hurry up and go see an attorney. It shouldn't cost anything to ask over the phone, and it's a better answer than you're going to get on FreeLawAnswer.com !
What does this mean, "willed to each other."? If the house wasn't mentioned in the will, then his wife probably gets everything else. She is the next of kin, even if it was a second marriage.
Well, it would help to know HOW his will was made/worded. And HOW the deed to the home was listed. The EXACT words on the deed such as Him and Her, joint tenants with right of survivorship or some such.
You are probably stuck; the terms of the will are binding unless it can be shown that it was executed under duress of some sort. But this is definitely worth a conversation with a lawyer; it may be showable that the terms of the will were not followed.
Do I have access to Federal Court Case information?
Answers:
sure you do, all published opinions of the federal court system are available at the local law library. they are published in the federal recorder.
if you wish to obtain specific information on a case you would neet to contact the court and obtain the transcripts.
but, yes - you have access
Here in this website you have on-line access. You need to register and they charge a very small fee for each search. They bill your credit card directly every quarter or you can also do a pay for search.
You will find the whole case history. This is the best website that I have ever found on-line.
Good Luck.....
Yes. Documents (docket sheets and images of pleadings and written orders and opinions) concerning cases filed within the past 10 years or so can be accessed through the federal courts' PACER (Public Access to Court Electronic Records) website. You will need to establish an account, however, and there is a charge of 8 cents per page to view certain documents.
Copies of opinions and published orders can be found at law libraries (try your local law school) in the following publications: United States Reports (for Supreme Court decisions), Federal Reporter (for court of appeals decisions), Federal Supplement (for district court decisions), and Federal Rules Decisions (for district court decisions applying and interpreting the Federal Rules of Civil Procedure).
You can also access electronic versions of those publications through commercial websites such as westlaw.com and lexis.com. These are both pay sites.
Also, each federal court has its own website (with a link to the PACER system).
Do I have A SlumLord?
My land lord removed my only toilet to fix a leak and didnt put it back...he told be to do my business in the hole and pour a pitcher of water down it.....IM SERIOUS...Who do i contact about slum lords?
Answers:
Yes he is. I say, a toilet is an important part of your rent, infact its illegal to rent an appt without one. So therefore you pay your landlord a discounted price on your rent, say slim to nothing, and tell him if its not fixed PDQ you will call your lawyer. Even if you dont have one, or cant afford one, the threat of litigation will get your landlord moving.
Maybe not a slum lord but a very inconsiderate or stupid landlord at the very least.
What the landlord did would be considered illegal. It is unsanitary to live under those conditions. Do some research. What state do you live in? Find the agency in that state that you can report the landlord to. Also, consider giving the health department a call and asking their opinion of this. I would expect they would be very interested to find out the landlord has pulled a stunt like this. Nothing like a little dysentary or cholera to brighten up the day.
What the landlord needs to do is to pay a plumber to get in there and get the toilet put back in working order. I can definately see the landlord getting hit with fines for allowing something like this to happen and then not getting it fixed immediately.
In any event, start looking for a new place to live. If this guy is this stupid to allow this to happen then there are probably other things that are going on that are pretty bad. Also, after you report the guy, he is goine to want you out of there anyway. He will find some way to do it. That is not legal in some states but he will find a way. Find the renter's rights in your state. Learn what rights you have and how to make a complaint.
Here is a site that may help.
http://www.badlandlords.info/
Yes, he is...First, make a complaint to him..if you have already, make sure it's in writing and signed...then call your local health department, they should be able to help or give you the number of someone that will. First off, contact the police and ask if you need to file a report..it will come in handy later one if you have to sue! If your landlord tries to throw you out because of the complaint..he cannot legally do that.
i'd go right to the local newspaper, if they did a story on that you would be damn sure it would be fixed pronto
How long has your toilet been gone? If it has been more than one day, then I'd call your building %26 code enforcement inspectors %26 also the health department (may be Environmental Health in your area). If your toilet isn't fixed within 72 hours, then they COULD red tag the property %26 you will have to move out at the cost of your landlord, but that isn't always an easy thing to get done. Try working WITH the person who has taken out your toilet FIRST. If you cannot contact them, you MAY have to camp out on their doorstep to get your point accross. I would definately be using their toilet if you don't have one. Having a open hole just leaves too much of an opportunity for toxic sewer gasses to enter into your unit. You MAY have to purchase a toilet %26 take the price off of your next months rent. Try NOT to get yourself thrown out, if possible. Good luck.
move.its your choice, nobodys makin you stay there...and you probably new-it, before you moved in..
him...slumlord..
Answers:
Yes he is. I say, a toilet is an important part of your rent, infact its illegal to rent an appt without one. So therefore you pay your landlord a discounted price on your rent, say slim to nothing, and tell him if its not fixed PDQ you will call your lawyer. Even if you dont have one, or cant afford one, the threat of litigation will get your landlord moving.
Maybe not a slum lord but a very inconsiderate or stupid landlord at the very least.
What the landlord did would be considered illegal. It is unsanitary to live under those conditions. Do some research. What state do you live in? Find the agency in that state that you can report the landlord to. Also, consider giving the health department a call and asking their opinion of this. I would expect they would be very interested to find out the landlord has pulled a stunt like this. Nothing like a little dysentary or cholera to brighten up the day.
What the landlord needs to do is to pay a plumber to get in there and get the toilet put back in working order. I can definately see the landlord getting hit with fines for allowing something like this to happen and then not getting it fixed immediately.
In any event, start looking for a new place to live. If this guy is this stupid to allow this to happen then there are probably other things that are going on that are pretty bad. Also, after you report the guy, he is goine to want you out of there anyway. He will find some way to do it. That is not legal in some states but he will find a way. Find the renter's rights in your state. Learn what rights you have and how to make a complaint.
Here is a site that may help.
http://www.badlandlords.info/
Yes, he is...First, make a complaint to him..if you have already, make sure it's in writing and signed...then call your local health department, they should be able to help or give you the number of someone that will. First off, contact the police and ask if you need to file a report..it will come in handy later one if you have to sue! If your landlord tries to throw you out because of the complaint..he cannot legally do that.
i'd go right to the local newspaper, if they did a story on that you would be damn sure it would be fixed pronto
How long has your toilet been gone? If it has been more than one day, then I'd call your building %26 code enforcement inspectors %26 also the health department (may be Environmental Health in your area). If your toilet isn't fixed within 72 hours, then they COULD red tag the property %26 you will have to move out at the cost of your landlord, but that isn't always an easy thing to get done. Try working WITH the person who has taken out your toilet FIRST. If you cannot contact them, you MAY have to camp out on their doorstep to get your point accross. I would definately be using their toilet if you don't have one. Having a open hole just leaves too much of an opportunity for toxic sewer gasses to enter into your unit. You MAY have to purchase a toilet %26 take the price off of your next months rent. Try NOT to get yourself thrown out, if possible. Good luck.
move.its your choice, nobodys makin you stay there...and you probably new-it, before you moved in..
him...slumlord..
Do I have a right to see/read my father's will?
My father passed away suddenly. He and my Mom live in another state. I have a brother who is two hours from them. As soon as Dad passed, my brother drove to their home and retrieved the will. I have never seen it.My mother, though not physically well and mentally diminished, was named executor of the will, per my brother. She made my brother her power of attorney. They made all the funeral arrangements for my Dad and my brother moved my Mom into a nursing home 20 minutes from his home. I have been left out of loop, not kept informed, not included to help with the funeral, etc. It's been very frustrating and upsetting. I asked to see the will and I was ignored. I made a second request and weeks later, my brother tells me my mother won't let me see the will. I am very perplexed over this situation. Am I entitled to see the will?? I've also emailed 3 attorney's in their state and not one has contact me to help.
Answers:
The will will have to be recorded in the public records in order to be probated. Contact the County Clerk's office in the state your Father lived in. By law they must give you a copy. You might have to end up suing your brother since it sounds like the wants his share, your mother's share and your share. Don't let him get by with it.
If you know the name of your father's attorney contact him. You should be present at the reading of the will also.
Sorry about your Father. I would seek advice from an attorney
You need an attorney and you need it now. Emailing won't get the job done.
Unfortunately, it is all too common for families to behave this way. You have a right to know what is in the will secure an good attorney in the state where the will was written ASAP,
The will is public record. You can obtain a copy from the County in which it was filed.
I could be wrong but, I think at death a Will becomes public record.I would start with the Judge of Probate office they will let you know.
I'm sorry about your father! The same thing happened to me, and I have nothing to do with my 5 brothers and sisters! Maybe you should ask to be appointed by the judge to be your dad's personal representative (PR)! If you can prove your brother's sneakiness and poor behavior, you could even have a good chance to become the PR of the estate! Being a PR isn't an easy job! You have to run newspaper ads looking for outstanding bills your dad may have had! It's up to the PR to settle the estate and pay all the bills, and to carry out your dad's wishes as they are spelled out in the will! If you can prove to the judge that you are capable of being the PR, he may just appoint you! Everything the PR does is public knowledge, and the PR makes all the calls to carry out your dad's wishes! If there was no will, the judge would handle the decisions the way he wants them done! Yes, you can see the will! Personally? Both my Mother and I got trashed the way Dad's will was unfairly handled! I moved 1500 miles away, and will never see any of them again! Good Luck!
File an action for the probate of the will so that the court will determine the validity of the will and to inform you about the distribution of the estate of your father.
Answers:
The will will have to be recorded in the public records in order to be probated. Contact the County Clerk's office in the state your Father lived in. By law they must give you a copy. You might have to end up suing your brother since it sounds like the wants his share, your mother's share and your share. Don't let him get by with it.
If you know the name of your father's attorney contact him. You should be present at the reading of the will also.
Sorry about your Father. I would seek advice from an attorney
You need an attorney and you need it now. Emailing won't get the job done.
Unfortunately, it is all too common for families to behave this way. You have a right to know what is in the will secure an good attorney in the state where the will was written ASAP,
The will is public record. You can obtain a copy from the County in which it was filed.
I could be wrong but, I think at death a Will becomes public record.I would start with the Judge of Probate office they will let you know.
I'm sorry about your father! The same thing happened to me, and I have nothing to do with my 5 brothers and sisters! Maybe you should ask to be appointed by the judge to be your dad's personal representative (PR)! If you can prove your brother's sneakiness and poor behavior, you could even have a good chance to become the PR of the estate! Being a PR isn't an easy job! You have to run newspaper ads looking for outstanding bills your dad may have had! It's up to the PR to settle the estate and pay all the bills, and to carry out your dad's wishes as they are spelled out in the will! If you can prove to the judge that you are capable of being the PR, he may just appoint you! Everything the PR does is public knowledge, and the PR makes all the calls to carry out your dad's wishes! If there was no will, the judge would handle the decisions the way he wants them done! Yes, you can see the will! Personally? Both my Mother and I got trashed the way Dad's will was unfairly handled! I moved 1500 miles away, and will never see any of them again! Good Luck!
File an action for the probate of the will so that the court will determine the validity of the will and to inform you about the distribution of the estate of your father.
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