Arkansas Recent Legal Answers from Lawyers

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419 legal questions have been posted about by real users in Arkansas. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
Arkansas Recent Legal Answers from Lawyers
Page 16 of lawyers' answers to legal questions about Arkansas.

Recent Legal Answers

How can I STOP THE SALE of the house if my name is not on the title?

Answered 13 years ago by David M. Axinn (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Foreclosures
You need to sit down with an attorney asap. You may be able to become administrator of your father's estate, which would give you some legal authority, and then either negotiate with the bank, or perhaps file a Chapter 13 Bankruptcy Petition.
You need to sit down with an attorney asap. You may be able to become administrator of your father's estate, which would give you some legal ... Read More
To be sure, I would need to review the language of the divorce decree. Generally, courts follow previous orders from other courts. In Clark County, Nevada, the divorce and probate courts are divisions of the same court, the Eight Judicial District Court. It is likely that the probate court will honor the divorce decree.... Read More
To be sure, I would need to review the language of the divorce decree. Generally, courts follow previous orders from other courts. In Clark County,... Read More
The law in most states is that employees are employed "at will", which means the employer can decide to terminate you whenever they want with or without any reason at all.  The exceptions to this are if the termination is based on discrimination (such as race, religion, age, gender, etc) or in retaliation for making a whistleblowing type complaint.  If neither of these apply to your case, then the employer can terminate you without any liability.  If the company could not decide if the abuse occurred, as oppossed to finding that the charge was false, then they probably took the safer path for them and terminated you.  This is unfair, but typically not illegal.   You can still file for unemployment and should speak to an attorney in your state to determine if any  other laws may protect you in your state... Read More
The law in most states is that employees are employed "at will", which means the employer can decide to terminate you whenever they want with or... Read More

Can I go pick my daughter up and bring her home from a different state if we have no court orders for child custody?

Answered 13 years and a month ago by Vicki S. Vasser (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
I would highly recommend that you seek legal counsel to facilitate a court-ordered custodial arrangement that would provide for a specific visitation schedule. Proceeding without a court order leaves room for ambiguity and misunderstanding. In Arkansas, if you were never married to the mother of your child, you will need to initiate a paternity action to establish your legal rights as a father. Such an action would result in a court order providing for a specific custody arrangement along with child support and visitation.... Read More
I would highly recommend that you seek legal counsel to facilitate a court-ordered custodial arrangement that would provide for a specific visitation... Read More

How do I get money back from what appears to be investment fraud.

Answered 13 years and 2 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business Law
I hate to state the obvious, but if the contract has been broken, your only alternative is to file a lawsuit. There is a very small possiblity with the right facts that the police may intervene in the event of fraud, but normally, they will respond: "It's a civil matter."
I hate to state the obvious, but if the contract has been broken, your only alternative is to file a lawsuit. There is a very small possiblity with... Read More

what do I need to file chpt 13 if I am a beautician

Answered 13 years and 2 months ago by Mr. Richard Alan Alsobrook (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
There are too many different variables to answer that question as it currently is asked.  It depends on numerous factual issues.   You should consult a local bankruptcy attorney because a local attorney can determine if bankruptcy is appropriate.  Most bankruptcy attorneys offer a free initial consultations to determine if bankruptcy is appropriate. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More
There are too many different variables to answer that question as it currently is asked.  It depends on numerous factual issues.   You... Read More

i want to marry my fiance, comming from ghana, but need trust

Answered 13 years and 3 months ago by Aemen Maluka (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
Two things, my friend.Have you physically met your fiance and what information do you have on their family and background etc.Things are not always what they seem in long distance relationships.You should consider taking a trip to Ghana before you ask them to (a) marry you (b) come to you in ghanna.... Read More
Two things, my friend.Have you physically met your fiance and what information do you have on their family and background etc.Things are not always... Read More

How does my boyfriend get custody of his son?

Answered 13 years and 3 months ago by attorney Mr. Kenneth G. Wincorn   |   1 Answer   |  Legal Topics: Family Law
If your boyfriend has been paying his support he should be able to get visitation easily through Court. If paternity has not been established it will be necessary to do this first.
If your boyfriend has been paying his support he should be able to get visitation easily through Court. If paternity has not been established it will... Read More

Negligence in VA Medical Clinic

Answered 13 years and 3 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
If you can prove that the delay in diagnosis and care substantially increased the risk of the disease, then you have a medical malpractice case worth investigating. If you can't prove the delays caused the harm, you will not have a viable cause of action.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More
If you can prove that the delay in diagnosis and care substantially increased the risk of the disease, then you have a medical malpractice case worth... Read More

What can I do if my property was listed in the foreclosure listing when its not?

Answered 13 years and 3 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Foreclosures
First of all if you want to take things into your own hands, you should take the responsibility to read all the fine print. It is probably in there on forsale by owner that they can give your listing to others. So, you probably cannot complain about this. Second, you should write a demand letter to the current foreclosures people.... Read More
First of all if you want to take things into your own hands, you should take the responsibility to read all the fine print. It is probably in there... Read More

Can I have the defendant arrested???

Answered 13 years and 3 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer
Non-payment of a civil judgment is not a criminal offense.
Non-payment of a civil judgment is not a criminal offense.

pregnancy

Answered 13 years and 3 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Even if done correctly, tubal ligation is not 100% effective. Most medical information sites describe the success rate at 99%. Additionally, there are different methods of performing the procedure that can decrease the success rate. In general, the risk of failure increases over time. Finally, a good portion of these procedures (12-15%) can result in ectopic pregnancies. To determine whether you have a viable medical malpractice case, an attorney will have to have an expert review all of the pertinent records to ascertain whether the pregnancy was the result of a negligently performed procedure. Two other big questions will be whether your state recognizes a cause of action for “wrongful birth,” and what damages you may be entitled to if your state does. If you think that you may have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.... Read More
Even if done correctly, tubal ligation is not 100% effective. Most medical information sites describe the success rate at 99%. Additionally, there... Read More
You need to discuss this matter with your own attorney.
You need to discuss this matter with your own attorney.

a collection agency

Answered 13 years and 4 months ago by Mr. Richard Alan Alsobrook (Unclaimed Profile)   |   1 Answer
There is no legal requirement for a collection agency to allow you to submit a payment plan.  Most, however, will try to work with you. You may want to speak with a local consumer rights attorney.  There are various federal, local, and state consumer protection statutes that may protect your rights and a local consumer rights attorney will be able to determine which laws apply. Most consumer rights attorneys offer free initial consultations to determine what options are available. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More
There is no legal requirement for a collection agency to allow you to submit a payment plan.  Most, however, will try to work with you. You may... Read More

Demotion without notification

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
Yes. In the United States, employment is on an "at will" basis. That means that either party may change the terms of employment, or terminate them, at any time for any reason or no reason at all.
Yes. In the United States, employment is on an "at will" basis. That means that either party may change the terms of employment, or terminate them,... Read More

What if my job isnt paying me my monthly wages or not paying me at all?

Answered 13 years and 4 months ago by Mr. Joseph M. Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Labor and Employment
Go to your state Department of Labor and report the problem to them.
Go to your state Department of Labor and report the problem to them.

Is this a felony or misdeamenor charge?

Answered 13 years and 4 months ago by Thomas Richard Garland II (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
Value of items determines if it's a felony or a misdemeanor. Signing a false affidavit at pawn shop is a felony. Yes, you need an attorney. Contact me at southfloridadefensefirm.com.
Value of items determines if it's a felony or a misdemeanor. Signing a false affidavit at pawn shop is a felony. Yes, you need an attorney. Contact... Read More
The fact that you have been paying the Property Taxes has nothing whatsoever to do with who inherits. If the probate has been completed, the court would have ordered transfer of the title. A recording fee of a few dollars is all that is required for the transfer once the probate is concluded. Other than just stating in the Will that one person inherits the entire estate, certain other specific statements would have had to be in the Will for the person who died (the Testator) to disinherit his or her other children. The decedent cannot just fail to name them. I hope you are using an experienced Arkansas probate attorney. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com... Read More
The fact that you have been paying the Property Taxes has nothing whatsoever to do with who inherits. If the probate has been completed, the court... Read More
You have some options. The first thing to do is to find out whether it is covered by a state Lemon Law. If so, then the dealer may have an obligation to replace it or give you a refund. You have other options as well, including simply suing under the warranty. An attorney can advise you.  ... Read More
You have some options. The first thing to do is to find out whether it is covered by a state Lemon Law. If so, then the dealer may have an obligation... Read More
Take it to someone else who can fix it! you do not suggest any facts that would bring this matter or a state lemon law.
Take it to someone else who can fix it! you do not suggest any facts that would bring this matter or a state lemon law.

quitclaim deed

Answered 13 years and 5 months ago by Mr. Richard Alan Alsobrook (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Please see: http://www.martindale.com/Results.aspx?ft=1&frm=freesearch&afs=real%20estate%20forrest%20city%20arkansas This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More
Please see: http://www.martindale.com/Results.aspx?ft=1&frm=freesearch&afs=real%20estate%20forrest%20city%20arkansas This is not intended... Read More
There is no such law of general application.
There is no such law of general application.

I had back surgery in 2007,and now 2012 i have complications from that surgery.Is it to late to file a suit

Answered 13 years and 5 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
There are different statutes of limitations on different kinds of cases. Complicating matters more is the fact that the statute of limitations in any cause of action is usually governed by state law, and different states have different time limitations. Click here for a website that provides a rough estimate of the statute of limitations in all 50 states for common causes of action. Note that this website advises that these limitations periods are merely rough estimates. You should contact a local attorney (one in your state) who can tell  you whether these estimates are correct. In medical malpractice cases, circumstances sometimes justify allowing cases to be filed after the statute of limitations expired. For example, if a surgeon leaves behind an instrument during a surgery and a  patient only discovers the foreign object after the limitations period has expired, most states have a common law exception to the statute of limitations that would allow a plaintiff to file a lawsuit that would otherwise be out of time. Finally, statutes of limitations usually incorporate exceptions that extend the limitations period for minors and people who are incapacitated. If you think that you may have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.   Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.... Read More
There are different statutes of limitations on different kinds of cases. Complicating matters more is the fact that the statute of limitations in any... Read More

I have been researching the thought of filling Bankruptcy. I just receiveda garnishment letter to garnish my wages could i file this in bankrptcy?

Answered 13 years and 5 months ago by Mr. Richard Alan Alsobrook (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
It depends on what the type of debt is.  Some debts such as taxes cannot receive a discharge.  It may also depend on the chapter you file under. You should consult a local bankruptcy attorney.  Most bankruptcy attorneys offer a free initial consultations to determine if bankruptcy is appropriate. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More
It depends on what the type of debt is.  Some debts such as taxes cannot receive a discharge.  It may also depend on the chapter you file... Read More

How do I get an expungment in Arkansas?

Answered 13 years and 5 months ago by Simon Wynn Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Expungements
For specific information on the process follow the links below: http://www.arlegalservices.org/expungement http://research.lawyers.com/Arkansas/Arkansas-Expungement-and-Record-Sealing.html   Simon W. Johnson swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale Avvo Justia LawGuru LinkedIn Twitter Facebook Serving Cleveland and Ohio, 44124 ... Read More
For specific information on the process follow the links... Read More