Arkansas Recent Legal Answers from Lawyers

The first thing to make sure that you are on the birth certificate of the child and named as the father. The most prudent thing for you to do is hire an attorney to deal with the situation. If you cannot afford an attorney go down to the courthouse in the jurisdiction where your ex would be seeking adoption of your child and make sure that the court is aware that you are the father of the child. You should also draft a motion to deny the adoption of your son by your ex is new husband. As long as you're not in jail or a serious danger to the child well-being, there's not really much danger of you losing up your parental rights to your child in adoption. If the court does allow the new husband to adopt her child, that will sever all rights you have as a parent, including visitation. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 http://massachusettslawyeronline.com/   #child, #support, #custody, #divorce, #lawyer, #attorney, #separation, #family, #probate  ... Read More

If this was in Fayetteville, typically if you get an attorney they can keep it off your record and get you just a $400 fine that you can work off at $15 an hour for any non profit. Otherwise, punishment will vary depending on the location and prosecutor. Regards, Whitfield Hyman, esq. 479-782-1125... Read More

It is state law that if you are caught driving on suspended for DWI that you have to do 10 days in jail. However, I often argue to prosecutors that if the suspension period is up then the 10 days in jail isn't a requirement because the suspension is due to lack of payment of reinstatement not due to DWI. Most prosecutors will try to throw you in jail unless you get an attorney to convince them of this clarification. They won't listen to you because they don't have time to deal with non-lawyers.   Regards, Whitfield Hyman, esq. King Law Group, PLLC 479-782-1125... Read More

The seller can sue you for breach of contract.  She has the right to get the agreed purchase price, plus any fees she paid because of the check bouncing.  She may even be able to trace the funds you receiived for the tickets, and get your profits as well.  If you are believed when you say that you didn't intend to send a bad check, than you probably won't have any criminal liability; if not, you could be charged with crimes relating to theft and knowingly writing a bad check (not sure exactly what the charges would be in Arizona.)... Read More

In order for you to be liable, you must be found to have negligently injured the property.  If the power company was also negligent in allowing the lines to sag, you and the power company may share liability.  It is likely that if you saw or should have seen the sagging power lines before running into them, you will be found liable for at least some of the damage.  You should be sure to turn your claim over to your insurance company. ... Read More

I am only licensed to practice law in Ohio so my suggestions below are general only. You should consult with an attorney licensed in Arkansas to obtain official legal advice on this matter.  That being said, please consider the following. Ohio has a general nuisance statute at Ohio Revised Code Chapter 3767.  First, it defines what a nuisance is (3767.01), prohibits persons from causing a nuisance (3767.02), then allows for government officials or the persons affected by nuisances to file a lawsuit seeking a Court injunction against the nuisance (3767.03).  However, the person who files such a lawsuit must post a bond to cover the defendant's damages in case the Court decides in favor of the defendant.  You should find out whether Arkansas has a similar nuisance abatement statute. Nuisances can be based on excessive odors or noise, but such cases are difficult to win.  Plaintiff has the burden of proving that defendant's use of his/her property is an unreasonable infringement on the neighbor's use of his/her property.  It is a balancing act for the Court.  The best way to prove such an infringement is for the plaintiff to show actual health effects or a diminution in property value. The negative health effects of excessive noise are not universally accepted at this point in time.  However, in the course of permitting wind turbine projects across the country, evidence of negative health effects related to high and low frequency noise is being developed.  You might be able use that same evidence to support your case. To prevail on a claim for damages based on diminution in property value, you will need to show that the offensive noise is the sole or substantial cause of the diminution.  That will require a professional appraisal that considers and discounts other potential causes. The best way to limit your legal costs in bringing such an action is to convince a governmental entity to file the injunction action.  If that cannot be accomplished, consider organizing a group of similarly situated property owners to share those costs.   Good luck.... Read More

I can understand your concern, but I can see nothing illegal about hiring an ex-con.  If this person should abuse his/her position to steal your money, you could try to hold your employer responsible for that loss, arguing that your employer was negligent in hiring someone for such a responsible position whom your employer knew or should have known could not be trusted.  However, if the only evidence you had was that this person had once committed a crime, it is unlikely that you would win, since public policy favors offering employment for former criminals who have "paid their debt to society."... Read More

I do not believe that your payment of a fine constitutes a conviction. A conviction is a pronouncement of guilt by a judge or jury. The informal setting of paying a ticket would not seem to qualify. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

That is because the cash settlement from your lawsuit against Walmart will be considered income within your chapter 13 bankruptcy which will be applied to your past debts. As this lawsuit was open during the time of your chapter 13 bankruptcy, your bankruptcy trustee will not give you the discharge letter until the settlement of that matter and the monies received from that settlement I used to pay back your debts. Once the lawsuit has concluded and the US bankruptcy trustee has taken the portion of the settlement that they will be using to pay back your debts and apply those your debts, at that point the bankruptcy trustee will send you your discharge letter. But until that money is obtained by the us bankruptcy trustee in dispersed your creditors, your bankruptcy is not actually discharged. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob... Read More

If I understand you correctly, you want your mother to give you some land, and you then want to take out a loan secured by that land.  The first part is easy - your mother would simply give you the property whe wants by signing a deed to that property over to you, and you would file it with the local county clerk.  If you don't want to hire a lawyer to handle that transaction, you can probably get a simple deed form online.  Before doing that, however, you have to read your mother's mortgage and loan documents carefully, to make sure that transferrign part of the property will not violate those agreements. Assuming that the transfer doesn't violate the mortgage loan agreements, or that if it does the bank will waive that right, you will still have difficulty getting a loan because of your mother's mortgage.  Normally, when a person sells real property, the mortgage on that properly would either be paid off at closing or assigned to the buyer with the bank's consent.  Here, the mortgage is not going to be satisfied or assigned.  That means first that you will take your portion of the properly subject to the mortgage - it will still be securing your mother's loan.  This will make it difficult for you to get a loan since that first mortgage will take priority over any subsequent lienor.  In other words, if your mother still owes $50,000 on her mortgage, anybody who is going to loan you money secured by the property your mother gives you is going to want to make sure that the property is worth enough to cover everything left on your mother's mortgage plus whatever it lends you, and then some extra to be safe.  In other words, if the land your mother gives you is worth $100,000 in today's market, and there is still $50,000 left on your mother's mortgage, you may not be able to get a loan secured by the property, or may only be able to get a loan for a small amount of its value, because it is still burdened by your mother's mortgage. The bank (or whoever holds the mortgage) may be willing to help you with these problems, but you would probably have to give it something.  For example, the bank may say that it will allow your mother to transfer part of the property to you, but only if you take out your loan from it, at terms which might not be as favorable as you would get from another lender.   ... Read More

You have two options to get out of your situation. Either file for chapter 7 bankruptcy and discharge the debt on the home and move out of it or sell your home. Most home mortgages at the end of the full loan amount will usually end up costing the homebuyer twice as much as the purchase price, just remember that. If you have bad credit or take a term of more than 30 years it will cost you even more than double. Many people once they realized this simply don't want to keep paying an end up moving somewhere and renting. The problem with this is you can't just walk away from the property without either discharging in bankruptcy or selling the property, those are really your only two options. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147   #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob... Read More

That is completely untrue, but this is a common lie told to debtors from credit card companies or collection agencies. Credit cards by nature are what is considered unsecured debt, meaning there is no security interest such as a car, home or any other assets that is secured by the money being lent to the debtor. Essentially this means nothing you buy with the credit cards is secured, as it is by its very nature and unsecured debt, meaning the credit card company has no collateral interest in any asset you purchase with the money they allow you to borrow on credit. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read More

I will highly discourage you from attempting this course of action, there is no loopholes to allow lives to hide from their husbands that they have to file bankruptcy. The fact of their age may make it easier to hide the fact but I still would not suggest it. But if she chose to file bankruptcy herself, and could get all the proper documentation from her husband that she would require, then it can be done. But there is paperwork of her husband such as income and tax returns that will be required to file her bankruptcy as bankruptcy include household income, not simply the income of the person filing bankruptcy. If she can get all this documentation without him knowing, technically yes you can file bankruptcy without him knowing.   I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read More

If you are divorced, the chances are that you can file an I-751 successfully by yourself if you have the baby and explain to U.S.C.I.S. the reason for which your marriage failed. The agency only looks to see whether there was a bona fide marriage. According to the facts as you relate them, your marriage was real and there are legitimate reasons for which it has failed.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

YOu are required to include the income you received in the 6 months prior to filing your case in the determination of your projected disposable income, but that can be modified if it does not reflect what you are currently bringing in. There are a lot of factors that go into what your payments need to be, including what percentage you are paying to unsecured creditors, whether you have any arrearages you are paying on secured debts, priority taxes, etc.  They can all affect what you need to pay, and whether reducing your payments now would affect anything. If you don't trust your lawyer, you should have a consultation with another bankruptcy attorney in your area who can review all the relevant documents and advise you.... Read More

Specific industries generally have specific formulae which are applied by experts to value their business.  For example, businesses in many industries are valued as a multiple of gross sales.  A stationery business might be valued at 5x gross sales, a grocery at 3x gross sales, etc.  Other businesses might use other formulae.  You should find an accountant who is knowledgeable about the industry to provide you with a value.  If there is a trade association in your industry, it should be able to help you find an expert valuator who can do the appraisal dheaply.... Read More

Asl an AZ lawyer. My opinion would be that if the warrant was otherwise legal, he wasnt required to be present when it was executed. If he signed a comfession, he has even more problems. His attorney can file a suppression motion and in it, argue that his consent was coerced as they threatened to prosecute his girlfriend if he didn't confess, but that is an uphill battle. You should be asking this question to his AZ lawyer... Read More

Mom cannot file before she is eligible to file under whichever chapter you are referring.  If you mean she needed 4 years before she can file another Chapter 7, then she might want to look into to doing a Chapter 13 case now, as that could resolve the lien issues you mentioned.  ... Read More

To modify custody you must prove there has been a material change in circumstances (in regard to the children's situation) since the entry of the last order in your case and that it is in the children's best interests for custody to be changed. This can be a pretty heavy burden of proof but you can use things like having an attorney ad litem appointed to represent the children's best interests look into the allegations or asking the Court to appoint psychologist to conduct interviews and possibly administer psychological evaluations. Before a Court is going to change custody they have to be convinced the children's situation is serious and detrimental to them.... Read More

A Court Order remains in place until it is changed. The person who had guardianship before the prison release likely still has guardianship unless Order was set to automatically dismiss upon release from prison. I would need to see the paperwork to be certain. It can be located at Courthouse where it was entered. Kimberly Canova... Read More