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Recent Legal Answers from Lawyers

Recent Legal Answers from Lawyers
Page 18 of lawyers' answers to legal questions.

How can i avoid being possibly scammed

Answered 11 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business Litigation
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No easy answer to this as it is too fact intensive. If you did not buy insurance and did not take pictures on turn in to prevent such claims, you are likely in a difficutl position to defend the claim. You will need to retain a lawyer to address this directly. 
No easy answer to this as it is too fact intensive. If you did not buy insurance and did not take pictures on turn in to prevent such claims, you are... Read Answer

How do I recoop cost of damages to my car and stop my insurance from becoming involved

Answered 11 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Automobile Accidents
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Your bigger concern is the likelihood that the parents will make claims against or sue you as most every car vs pedestrian incident will be attributed to the vehicle driver, at least as a starting proposition. Your PD damages will need to be addressed with your insurance carrier. 
Your bigger concern is the likelihood that the parents will make claims against or sue you as most every car vs pedestrian incident will be... Read Answer

Who handles Insurance Denials in Mediation?

Answered 11 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Insurance
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Any civil trial or insurance litigaiton lawyer can. No one will handle such cases on a contingent fee typically because of the value of the damages and they took away the obligation for the insurance company to pay for the legal fees if they lose. If you're prepared to pay "out of pocket" to hire a lawyer you will have a better chance to retain one. ... Read Answer
Any civil trial or insurance litigaiton lawyer can. No one will handle such cases on a contingent fee typically because of the value of the damages... Read Answer

What do I do if my landlord turned off all my utilities (water,A/C,electric)

Answered 11 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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This is sadly what happens when you don't hire lawyers to handle such issues from the start. NOW you have a more expensive and complicated issue to address as it sounds like there is argument for the LL that you "abandoned" the rental unit - if you left the property while behind on rent. Even though Fla. Stat. 83.67 might provide some relief, you wont find many lawyers willing to take such a case on a contingent fee with an in residence landlord renting a room. You might need to contact legal aid to see if they can help. ... Read Answer
This is sadly what happens when you don't hire lawyers to handle such issues from the start. NOW you have a more expensive and complicated issue to... Read Answer
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This is usually the result of pro-se resolutions without using lawyers. At this point you will need to retain a lawyer to review what the settlement was and what they are currently doing and THEN establish some plan to address this conflict. There are no short-cuts nor "cheap" outs to resolve such issues when there are personal vendettas involved. ... Read Answer
This is usually the result of pro-se resolutions without using lawyers. At this point you will need to retain a lawyer to review what the settlement... Read Answer

Immigration hold

Answered 11 months ago by attorney Kathy Williams Richardson   |   1 Answer   |  Legal Topics: Immigration
This is not a Domestic Violence issue, it is an immigration issue.  I have changed the practice area for this question so that hopefully you can get an answer over there from an immigration attorney.  Best of luck.  
This is not a Domestic Violence issue, it is an immigration issue.  I have changed the practice area for this question so that hopefully you can... Read Answer
That is a big no-no on the part of the attorney.  Attorneys are supposed to perform conflict checks before consulting with potential clients, and if they had, it would have shown that he talked with you about it already.  Representing her on the same or similar matter that you consulted him about is a violation of the Rules of Professional Conduct.  You should talk with your attorney about advising the other attorney that he needs to withdraw from representing your spouse, and if not, them you may want report him to your state bar.   In fact, you may want to report him whether he withdraws or not.  If he is not performing conflict checks before taking on new clients, you might be doing future potential clients a favor by making sure he is re-educated on that requirement.  Talk to your attorney about it.  ... Read Answer
That is a big no-no on the part of the attorney.  Attorneys are supposed to perform conflict checks before consulting with potential clients,... Read Answer

I need help with my case

Answered 11 months ago by attorney Kathy Williams Richardson   |   1 Answer   |  Legal Topics: Criminal Law
I'm sorry that you are having to deal with this ongoing problem and that you have recently been charged in connection with it.  That has to be quite frustrating.  Since you didn't ask for any advice, and only asked for help with your case, I would suggest that you contact a specific lawyer to schedule an appointment for an initial consultation to discuss your matter. Most attorneys will offer free consultation if you're charged with a criminal offense and they can help you decide how to proceed with your case and if you decide to hire them, then they can represent you in court. If you would like to schedule an appointment with us, you can give us a call at 919-680-2300.... Read Answer
I'm sorry that you are having to deal with this ongoing problem and that you have recently been charged in connection with it.  That has to be... Read Answer
An attorney can probably help you get a copy of your entire payment history but I'm not sure what you mean by "complete copy of your file". Who is maintaining this file that you're talking about. If you're talking about the court file you should be able to get a complete copy of the court file (you'll have to pay the copy costs to the clerk) but if you're talking about child support enforcement's internal file, you are not entitled to a copy of that. You should definitely talk to a local attorney who can help you navigate this situation and get your payments straightened out.  To answer your last question: No, you dont need a lawyer to get a complete copy of your entire file, if you know what to do to get it on your own.  If you don't know how to get it on your own, then, yes, you will need an attorney to help with that.  ... Read Answer
An attorney can probably help you get a copy of your entire payment history but I'm not sure what you mean by "complete copy of your file". Who is... Read Answer
I hope that your custody agreement says something more than just "parenting time every other week". A good custody agreement will spell out the dates and times that he's supposed to pick them up and where, and will say who's supposed to pick up, who's supposed to do the drop off and things like that. If yours just says "parenting time every other week" and nothing else then he is probably not breaching the agreement since it is too vague. You need to talk with an attorney as soon as possible to work on getting more definite language in your custody agreement so that questions like this won't come up again in the future.... Read Answer
I hope that your custody agreement says something more than just "parenting time every other week". A good custody agreement will spell out the dates... Read Answer
You do not need to worry yourself about your ex and his criminal charges. You need to concentrate on doing your best to get your children back from cps. Anything that you do to try to help him to escape the consequences of his actions will be seen as you justifying or supporting him and will make the court believe that you would be more inclined to allow him access to the children and continue to cause damage to them. Therefore, CPS will use that against you in court.  Your ex did this. He broke into your house multiple times, was violent with you and ended up getting himself arrested for burglary. He is a full grown man and this is a problem that he caused all by himself. You should allow him to deal with his burglary charges and allow him to deal with the allegations regarding terminating his parental rights. You should concentrate on not getting your rights terminated and protecting your children. They are the most important thing here. Much more important than your ex.  Please put your children first.  They deserve it.  ... Read Answer
You do not need to worry yourself about your ex and his criminal charges. You need to concentrate on doing your best to get your children back from... Read Answer

Can my ex husband and i file for divorce together?

Answered 11 months ago by attorney Kathy Williams Richardson   |   1 Answer   |  Legal Topics: Divorce
One of you has to be the Plaintiff in the Divorce, and the other has to be the Defendant, so No, you cannot file together.   One of you would need to file the complaint, and then serve the other party.  Then there are additional steps that you would have to take to finish the divorce to include a court appearance.  You can look up North Carolina General Statutes, Chapter 50 and the local rules for your county to learn the steps you would need to take to do this on your own.  An attorney can make this process go alot smoother for you and can sometimes eliminate the requirement for you to appear in court altogether.  Please locate a local divorce attorney to schedule a free initial consultation to discuss the process more thoroughly.  You will receive much more information from an initial consultation, and afterward you can decide whether to retain the attorney or file on your own.  There is no obligation to hire the attorney after the consultation.... Read Answer
One of you has to be the Plaintiff in the Divorce, and the other has to be the Defendant, so No, you cannot file together.   One of you... Read Answer

I would like to seek a lawyer for damage to my car from a company.

Answered 11 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Automobile Accidents
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UNless this is substantial damage that warrants spending money on a lawyer to intervene, this is most likely a first party (your) insurance claim or simply a claim you will have to pursue on your own with FDOT and do the best you can. Most such cases it is not financially feasible to hire a lawyer. ... Read Answer
UNless this is substantial damage that warrants spending money on a lawyer to intervene, this is most likely a first party (your) insurance claim or... Read Answer

Can a lawyer go to court on your behalf in a case where you got a rock for going 30mph over the speed limit?

Answered 11 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business Litigation
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You will need to address this with the particualr lawyer you expect to hire. That said, you seem not to understand that if you have a criminal charge, that is more important than your attending work that day. The court could careless about your inconveniences. 
You will need to address this with the particualr lawyer you expect to hire. That said, you seem not to understand that if you have a criminal... Read Answer

agency NCA

Answered 11 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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You simply ask for a conflict check before disucussing the case in detail. 
You simply ask for a conflict check before disucussing the case in detail. 
Yes, you can generally request to expedite your request through USCIS website as well as through a phone call. As the USCIS reviews such requests through case-by-case basis and generally require supporting documentation, acquiring legal representation is integral to ensure this complex situation remains rectified. (The answer given here is general and based on the general facts regarding the question. As a result, the answer does not comprehensively capture your holistic situation and does not constitute legal advice. Please remember it is always best to speak with a qualified attorney regarding the comprehensive nature of your question. As every case is unique, we encourage you to contact mc@barduccilaw.com to speak with a qualified, esteemed, and strategic attorney.)... Read Answer
Yes, you can generally request to expedite your request through USCIS website as well as through a phone call. As the USCIS reviews such requests... Read Answer

To stay in the us

Answered 11 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Immigration
A U.S. citizen may petition for a sibling to obtain a green card; however, the wait time for this category is approximately 14 years due to visa backlogs. If you’ve been in the United States for 40 years without lawful status, you likely would not qualify for adjustment of status—even if your priority date becomes current—because eligibility requires that the beneficiary has not accrued unlawful presence. Based on this, it appears there may not be a viable path to lawful permanent residency through a sibling petition.     ... Read Answer
A U.S. citizen may petition for a sibling to obtain a green card; however, the wait time for this category is approximately 14 years due to visa... Read Answer
I would not go back. It sounds like you were given a Criminal Trespass Warning (CTW). These warnings are usually indefinite, meaning you can never go back to that location (or possibly all locations of that store depending on what the CTW says. Sometimes the warnings only last a year or two, but the police typically give you a piece of paper stating the location, the date and time of the CTW, and how long it lasts.  If you were given a CTW and the police catch you on the premises again, you could be arrested for a class b misdemeanor of Criminal Trespass. It is not worth the risk, whether you are shopping legitimately or not, you are not allowed to be there. I would shop somewhere else.  ... Read Answer
I would not go back. It sounds like you were given a Criminal Trespass Warning (CTW). These warnings are usually indefinite, meaning you can never go... Read Answer
I'm sorry to hear about your pregnant wife. I hope you were able to bond her out of jail immediately. Simply driving a stolen car is not a crime in and of itself. The State must prove either that she stole the car, or that she knew she did not have the owner's permission to drive teh car. The two most common charges I see from what you described are Theft of Property and Unauthorized Use of a Motor Vehicle. In order to prove theft, the State has to show that your wife took the car without permission, not simply that she was found after the theft driving the car. You will have to look at when the car was stolen compared to when she was found driving the car. Was there any evidence she took the car? Also, the degree misdemeanor or felony it will be depends on the value of the car. If the car has a fair market value of $2,500 to $30,000, then it will be a state jail felony. If it cost more than that, then it will be increased to a third degree felony. If the car is cheap and doesn't cost more than $2,500, then it would only be a misdemeanor theft. More likely than not, the State would charge her with Unauthorized Use of a Motor Vehicle. This is a state jail felony where the State has to prove that your wife KNEW she did not have the owner's consent to drive the car. These cases are very case specific. What she said to the police will be very important. Who owns the car? When was the car stolen? How did she obtain the keys to the car? Is there any evidence the ignition was tampered with? These and similar questions must be answered to see if the State can prove beyond a reasonable doubt that she knew she did not have permission to drive the car. If the State cannot prove she did not know she did not have permission, it is possible to get the case No Billed by the grand jury. Best of luck!... Read Answer
I'm sorry to hear about your pregnant wife. I hope you were able to bond her out of jail immediately. Simply driving a stolen car is not a crime in... Read Answer

Property damage caused by a neighbor

Answered 11 months ago by Jack Mevorach (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business Litigation
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What was damaged? Jack
What was damaged? Jack

International Divorce

Answered 11 months ago by attorney Thomas Weiss   |   1 Answer   |  Legal Topics: Divorce
Your wife does not have to sign or agree to a divorce in order for you to obtain one.  You have a legal right to terminate the marriage.  I can provide you with a consultation and help you if you would like to go forward.  Feel free to give me a call.
Your wife does not have to sign or agree to a divorce in order for you to obtain one.  You have a legal right to terminate the marriage.  I... Read Answer

Do we need a attorney for a living will?

Answered 11 months ago by attorney Thomas Weiss   |   1 Answer   |  Legal Topics: Estate Planning
It is highly recommended that you have an attorney prepare a living will and discuss all estate planning with you.  Our office can provide you with complete estate planning and solid advice for a reasonable flat fee that will be worth every penny.  Please feel free to contact me if you have any questions.... Read Answer
It is highly recommended that you have an attorney prepare a living will and discuss all estate planning with you.  Our office can provide you... Read Answer
Good morning Patty, I am sorry to hear of your continuing struggles arising from your work injury. Please feel free to give me a call and we can discuss the specifics of your case. My phone number is 724-772-2444. Thanks, Peter Pietrandrea
Good morning Patty, I am sorry to hear of your continuing struggles arising from your work injury. Please feel free to give me a call and we can... Read Answer
Depending upon how a house it titled, a judgment for money owed many not be a lien on your home. If it becomes a lien, you do not have to sell. The bank just wants to be paid if you do eventually sell or refinance you home, or if you pass away. The more important issue is that you need to see a consumer bankruptcy attorney ASAP to determine your options, both bankruptcy and non bankruptcy. Either filing bankruptcy BEFORE a judgment is entered, or working out some type of resolution can prevent a "general unsecured debt" like a credit card from turning into a "secured debt". DO NOT WAIT! YOU ARE NOT "REQUIRED" TO FILE BANKRUPTCY JUST BY HAVING THE CONSULTATION. Get you advice from an experienced, NC licensed attorney. Financial hardship is NOT a legal defense. No state court Judge or arbitrator can force the bank to settle or offer you a payment plan that you can afford. All they do is decide if you owe the Bank for the debt and if so, how much. The only Judge who can do that is a bankruptcy judge. ... Read Answer
Depending upon how a house it titled, a judgment for money owed many not be a lien on your home. If it becomes a lien, you do not have to sell. The... Read Answer

Home gift tax in Texas

Answered 11 months ago by attorney Mr. E. Rhett Buck   |   1 Answer   |  Legal Topics: Taxation
There probably would be no gift tax, even though a return would be required, as the current exemption amont is about 3.9 million. However, when you sell the house, there may be substantial capital gains tax as your cost basis is what your father paid for the house. If you inherited the house you would get a cost basis of the fair market value at the date of his death. You might want to consider a transfer on death deed, and/or a homestead qualifying trust.... Read Answer
There probably would be no gift tax, even though a return would be required, as the current exemption amont is about 3.9 million. However, when you... Read Answer