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Recent Legal Answers from Lawyers

Recent Legal Answers from Lawyers
Page 5 of lawyers' answers to legal questions.
If the property owner knew or should have known about a dangerous condition on the premises, and that hazard was not open and obvious to a child acting reasonably, they may be liable for your child’s injuries. To preserve the claim, you should photograph the hazardous condition as it existed at the time of the incident. Then consult with a Florida personalโ€‘injury attorney to evaluate the case and discuss the possibility of contingencyโ€‘fee representation, which means you pay nothing unless there is a recovery. This platform prohibits attorneys from soliciting your case, but you can research our backgrounds and reach out to one of us here in Florida.       ... Read Answer
If the property owner knew or should have known about a dangerous condition on the premises, and that hazard was not open and obvious to a child... Read Answer
You should hire an attorney to address this ahead of time with the police. The PD's Office will not get invovled pre-charge usually. If it is important to you to do it right, fidn a way and get good counsel on it.
You should hire an attorney to address this ahead of time with the police. The PD's Office will not get invovled pre-charge usually. If it is... Read Answer
I don't have enough information to answer your question.    Why is your daughter currently living with your sister?  Is there a custody order in place?  Are there any Family Court or Supreme Court orders impacting custody? What is the bad situation that you are referring to?  ... Read Answer
I don't have enough information to answer your question.    Why is your daughter currently living with your sister?  Is there a... Read Answer

Civil judgment case

Answered 3 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business Litigation
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Possibly. However, you will need to be able to PROVE you just learned of the judgment in 2026, and be able to PROVE, not allege, bad service. I say PROVE because many times the record contains information showing prior notice of the lawsuit/judgment, such as wage garnishment attempts, and judgment debtors are generally required to challenge a bad judgment for service immediately or they might waive the challenge. ... Read Answer
Possibly. However, you will need to be able to PROVE you just learned of the judgment in 2026, and be able to PROVE, not allege, bad service. I say... Read Answer
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Yes. If they refuse to return it because he claims there was a renewal and you breached, that will depend on the details of the prior lease language and your statement that "I would likely stay" and whether that constitutes a renewal. Otherwise, you are a month to month tenant from July 2025 when the lease expired. They do not have to address deposit returns until 30 days after you vacate the premises. You do not get your money back for moving expenses so you can move. You may have to retain a lawyer to address this if this is not resolved between you.... Read Answer
Yes. If they refuse to return it because he claims there was a renewal and you breached, that will depend on the details of the prior lease language... Read Answer
If you are enrolled in a debt consolidation program check your paperwork carefully because some programs include legal defense for these sorts of suits as part of your monthly program fee.  Qhether you know if you havethat coberage or not you should forward the summons to the program account rep because even if that's not part of your program fee they will likely be able to refer you to the proper attorney to defend you.  Just don't do nothing at all because if you do not respond at all the creditor/collector could win automatically then you have a judgment on your record not just a delinquency or default.... Read Answer
If you are enrolled in a debt consolidation program check your paperwork carefully because some programs include legal defense for these sorts of... Read Answer

Will I

Answered 3 months ago by attorney Mr. Michael S. Hagen   |   1 Answer   |  Legal Topics: Real Estate
You are a 50% owner, not a tenant. You can obtain the homestaed exemption by timely filing for the same. You do not owe your son, the co-owner, any rent. What would be appropriate is for you to solely pay the costs of ownership: ie insurance, property tax, utilities, etc. Best regards, Mike Hagen, Hagen Law Firm, Fort Myers FL... Read Answer
You are a 50% owner, not a tenant. You can obtain the homestaed exemption by timely filing for the same. You do not owe your son, the co-owner, any... Read Answer

Capital grains

Answered 3 months ago by attorney Stephen Arnold Black   |   2 Answers   |  Legal Topics: Taxation
The recipient of a gift of an asset acquires the tax cost basis of that gift donor. However, if the asset was inherited, then the cost basis of the asset would be the fair market value at the time of decedent's death. 
The recipient of a gift of an asset acquires the tax cost basis of that gift donor. However, if the asset was inherited, then the cost basis of the... Read Answer
I agree with the point Mr. Black is making; what will be the source of payment to compensate you for your injuries/damages?  From your synopsis, it sounds like your damages are substantial.  I assume the defendant's story would differ from yours, but assuming liability (fault) is admitted and damages are proven, there still has to be someone with the ability to pay you for it to be worthwhile and make sense to pursue the claim.   That "someone" would usually be an insurance company that migh provide coverage for premises liability for a mall or apartment complex, for example. If you can provide more specifics of how and where the injuries happened, it would help to evaluate the claim.   ... Read Answer
I agree with the point Mr. Black is making; what will be the source of payment to compensate you for your injuries/damages?  From your synopsis,... Read Answer

what or Is there anything I can do, to make them responsible for damages

Answered 4 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business Litigation
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Sure - you can sue them for the damages or make an insurance claim for repairs. Whether its worth the effort is always the key
Sure - you can sue them for the damages or make an insurance claim for repairs. Whether its worth the effort is always the key
You should consult with an attorney that specializes in Social Security disability cases.  Having an attorney can increase your odds of winning and make the case move faster. 
You should consult with an attorney that specializes in Social Security disability cases.  Having an attorney can increase your odds of winning... Read Answer

How can I get help for my disability?

Answered 4 months ago by attorney Steven Neil Perrigo   |   1 Answer   |  Legal Topics: Social Security
You should contact a Social Security Disability attorney for a free consultation.  We only get paid if you win your benefits. Having an attorney can help increase your odds of winning, and having the decision made sooner. 
You should contact a Social Security Disability attorney for a free consultation.  We only get paid if you win your benefits. Having an attorney... Read Answer
You should contact an attorney that specializes in Social Security Disability for a free consultation.  Having an attorney can help increase your odds of winning and make the case move faster.
You should contact an attorney that specializes in Social Security Disability for a free consultation.  Having an attorney can help increase... Read Answer
Having an attorney helps increase your odds of being approved and can make the case go faster for several reasons. SSA is taking a long time to process cases, but having an attorney can definitely help. Most lawyers offer a free consultation and only get paid if you win your case.
Having an attorney helps increase your odds of being approved and can make the case go faster for several reasons. SSA is taking a long time to... Read Answer
Unfortunately, SSA will deny you before getting a medical decision if you are working and earning over what they call "Substantial Gainful Activity", currently at $1,690 gross wages per month.
Unfortunately, SSA will deny you before getting a medical decision if you are working and earning over what they call "Substantial Gainful Activity",... Read Answer
You are entitled to spousal support/maintenance.  However, you must file for divorce in order to have a court order that would require him to pay you.  You are also entitled to a marital portion of his retirement/pension.  You would have to have a court order in order for you to receive your share. You may be entitled to other equitable distribution as well. You should contact myself or another experienced divorce attorney to have a full consultation.... Read Answer
You are entitled to spousal support/maintenance.  However, you must file for divorce in order to have a court order that would require him to... Read Answer
Assuming the truck is paid off and that your father was not married at the time of his death, you can file an Affidavit of Inheritance form with your local tag office.  You can get the form at the tag office or download it at the Tn Dept. of Revenue site.  Take the current title and a certified copy of the death certificate. Of course, you'll need to your own ID with you, too. GI-4 - Inherited Vehicle - Title/Registration Process – Tennessee Department of Revenue  ... Read Answer
Assuming the truck is paid off and that your father was not married at the time of his death, you can file an Affidavit of Inheritance form with your... Read Answer

Witness Subpoena

Answered 4 months ago by attorney David Shawn Rich   |   1 Answer   |  Legal Topics: Business Litigation
Sir or Madam - The subpoena seeking documents and/or deposition testimony, with which you've been served, is almost certainly "legitimate," in the sense that it relates to a pending lawsuit and is not a prank.  See generally my recent article entitled "What Should My Company In Manhattan Do When It Receives A Subpoena Demanding Documents?" < https://www.davidrichlaw.com/what-should-my-company-in-manhattan-do-when-it-receives-a-subpoena-demanding-documents/ >  No one would pay you a witness fee just to play a joke on you.  The relevant questions are: Do you have good grounds to move to quash (invalidate) the subpoena? If not, ought you retain a New York City Business Litigation Attorney to prepare you for, and to defend you at your deposition?  (If, among other independent circumstances, any documents you produce and/or your deposition testimony may give rise to a claim against you or may jeopardize your employment or any professional license you may hold, then the answer is almost certainly "yes.") Today, you should call an adept New York City Business Litigation Lawyer and schedule an inbtial consultation about your matter.... Read Answer
Sir or Madam - The subpoena seeking documents and/or deposition testimony, with which you've been served, is almost certainly "legitimate," in the... Read Answer

What is needed to present to military when you have a DUI?

Answered 4 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: DUI/DWI
That is an issue best resolved with the recruiter as early as possible in the recruitment process.
That is an issue best resolved with the recruiter as early as possible in the recruitment process.

I have a warrant for fellure to appear on a misdemeanor charge.

Answered 4 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Criminal Law
It is always a big deal when you are stopped in California with a sack of meth, even if you are released because as you see now, they find ways of catching up with you.  You should hire experienced criminal defense counsel as soon as possible to help you deal with this warrant.
It is always a big deal when you are stopped in California with a sack of meth, even if you are released because as you see now, they find ways of... Read Answer

Do I have to open door to police?

Answered 4 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Criminal Law
No, you do not.  However, she could then claim you were falsely imprisoning her with some encouragement from the police.  I would advise you seek counsel to avoid negative consequences.
No, you do not.  However, she could then claim you were falsely imprisoning her with some encouragement from the police.  I would advise... Read Answer
The best way to do this is to hire experienced criminal defense counsel you trust.  If you are unable then you can contact the Public Defender, if one was already appointed for you in that case.  Otherwise, you will have to deal with your probation officer.
The best way to do this is to hire experienced criminal defense counsel you trust.  If you are unable then you can contact the Public Defender,... Read Answer
Either contact your attorney (did you have a public defender?) or request for the case to be calendared at the clerk's office then ask the judge to give you more time.
Either contact your attorney (did you have a public defender?) or request for the case to be calendared at the clerk's office then ask the judge to... Read Answer

I am a DV case victim . In police report there are some errors

Answered 4 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Domestic Violence
You make a very good point.  Yes, you can.  You can also hire experienced counsel to represent you.  He or she may identify other areas in which you may want to clarify or correct what is in the report.
You make a very good point.  Yes, you can.  You can also hire experienced counsel to represent you.  He or she may identify other... Read Answer

How do I get charges dropped?

Answered 4 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Child Abuse and Neglect
You should hire experienced defense counsel you trust as soon as possible because once you give a statement to the police then trying to fix that initial mistake can cost a lot more down the road to try and exclude that evidence in court for use later in the case, if one is filed.  Before a case is filed then there is a chance a good lawyer can persuade the DA to not file the case against you.... Read Answer
You should hire experienced defense counsel you trust as soon as possible because once you give a statement to the police then trying to fix that... Read Answer