Missouri Recent Legal Answers from Lawyers

You can always sue, but I wouldn't.  It sounds as if the first waiter made a mistake, (it doesn't seem as if he deliberately hurt you) which resulted in no monetary damages and no long term medical issues.  You were upset, but that may not, for various reasons, be compensable, and even if it is, a jury may well think it not worth very much.  Moreover, you weren't really upset when you ate the queso, but only later when you found out the mistake.  If you want to address this, you may be better off complaining to the management and/or the better business bureaur, local chamber of commerce, etc., or describe the incident on Yelp or other social media sites.... Read Answer

Assets are not "touched" in a Chapter 13 case, but you will need to repay at least the amount of non-exempt value of your assets to your creditors.  Exemptions are protections you have under state law law for values in assets.  Which state's exemption law applies in your case depends on where you lived in the 2 1/2 years prior to filing your case.   A consultation with an experienced bankruptcy attorney in your area will enable you to determine what amounts you would have to pay in a Chapter 13 case.... Read Answer

You should retain counsel to handle all steps from A to Z so that your case is processed without any problems. These cases take up to a year and longer and there are many steps along the way. Once counsel is retained, a G-28 notice of appearance is filed with the case and all notices will be sent to your attorney. Counsel anywhere in the USA can handle your case.... Read Answer

Assuming that the statute of frauds, which generally requires that agreements to sell goods valued at over $500 must be in writing, has been satisfied, it appears so, but, unless the horse is somehow unique, the other party may not be able to compel specific performance of the contract, and if the price you agreed to was market value, the other party may not be abel to show any damages from the breach.  In other words, although you appear to have breached, the other party may not have been hurt and may have no remedy.... Read Answer

If you are a US citizen, you can sponsor him immediately. He could either process at the consulate in India or you could sponsor him for his fiancé visa. Both paths are taking about the same time so either alternative would be viable. A fiancé visa may take less time so I would recommend that path. You can retain counsel in any state to represent you. Good luck.... Read Answer

May be a little touchy. You dont want to open the door unnecessarily, but you do need to proceed with extreme caution.  You may start by calling the non profit, and asking if they receive government funding.  If they do or dont, you would want some type of written affirmation, or published document of that answer. If they dont receive government funding, and you are able to get such in writing, I would still have an immigration attorney look over the written affirmation, as well as prepare your amended I- 485 if advised to still file it. If the agency is receiving government funds, it would be a decision that more likely than not, you would need to file an addendum.  In either case, because of the seriousness of the consequences, immigration legal counsel would be suggested.  ... Read Answer

You should understand that once the K-1 visa is approved and your fiancé comes to the US, you are given 90 days to marry. Therefore your statement that you "intend to marry someday" is not appropriate. Other than that, you would have to show U.S.C.I.S. proof of your bona fide relationship and having met within the past two years when filing the I-129F form. The question of a cosponsor may come up at the time that he is interviewed at the American consulate or embassy and the co-sponsor should provide the I-134 affidavit of support with job letter, banking statements, proof of recent pay, and at least the last year's tax return.  Once your fiance enters the U.S., and you are both married, he can file for an adjustment of status to permanent residence on form I-485 and at the same time request work authorization on form I-765. 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 Answer

A "lawyer's letter", as you call it, is an attempt to settle a case before the parties incur the time and expense of litigation.  Having an attorney send it is meant to show that you should be taken seriously, in that you have already consulted an attorney and are ready to go to court if necessary.  A demand letter It is never a requirement, much less one sent by an attorney.  Unless you feel that sending a "lawyer's letter" is likely to get you a quick favorable settlement, don't send it; the cost of hiring an attorney is generally not worth it in a small claims case. Although you didn't ask, there are 2 things I noticed in your question that trouble me.  First, you are planning to bring this in small claims court.  Given that the entirte job has to be done over, it is hard for me to believe that the damages are small enough for the case to be heard in small claims court, where jurisdiction is generally limited to claims for no more than a few thousand dollars. Second, you mention that the contractor has a business.  Is that business its own entity, like a corporation or llc?  If so, was your contract with the entity, or the individual?  Individual owners of a business entity, like a corporation or llc, are generally not personaly liable for the contracts of the entity.  If the contract is with the entity, that is who you will have to sue for breach of contract, not the individual (although the individual may still be liable for negligence if you can show that he personally was negligent in performing the work). If you obtain a judgment which is not paid, there will be many collection procedures open to you, including the ability to cause the judgment debtor's assets to be sold in order to pay his/its judgment. ... Read Answer

If your I-94 expiration date was March 12 and your employer applied for your eighth year extension on March 9 and the H-1B petition was properly receipted by the expiration date, the extension petition would be legal as long as the I-140 or labor certification application has been pending 365 days. In point of fact, most immigration practitioners including me would argue that you have a 10 day grace period from the ending of your H-1B status in which the petition extension could be filed. I do not quite understand the concern unless there are other factors in your H-1B extension petition which have not been explained.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 Answer

I need just a little more information.  What day did your son pass away?  I would say that to be able to get the policy itself, you would need an attorney knowledgeable in probate law.   I say this because you will probably need to open a probate estate to get this information.  Good Luck... Read Answer

There should be no change in anything unless your income increase or decrease and or you don't want to see the child.  We can certainly try to help you evaluate your options. Feel free to give us a call or text for a free consultation. Thank You. Toll-Free 1-877-866-8665 // Child Support Lawyer in MO... Read Answer