Montana Recent Legal Answers from Lawyers

Well, you may have a defense to a collection action by BoA. I think they should not have permitted anyone but you to use the card without a written authorization from you but after a few months, they could reasonably assume that you reviewed the monthly statements, saw the charges, and if you any objection, you would have raised hell months ago. Good Luck.... Read More

Although a foreign person entering the U. S. on a visa waiver for 90 days is not allowed to conduct such personal business as you describe, the immigration law restrictions would have nothing to do with the legality of a contract that you enter into with a U. S. citizen. Although there have been attempts by municipalities to make such contracts voidable, they have been declared illegal by the courts as infringing upon the federal government’s right to place restrictions upon aliens in the United States. 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

Statutes of limitations don't run from when the contract was made, but from when it was breached.  I don't know the applicable statutes of limitations in Montana, but if the note was due 26 years ago, the limitations period has undoubtedly expired (the contract statute of limitations in NY is 6 years, and I know of no jurisdiction which has a longer one.)  However, if the note was due 2 years ago, or on demand and no demand was ever made until now, the limitations period may not have run.... Read More

Hello. If your wife has a tourist visa and is Mexican, she should have a visa. I would need to review it, but if it is in her passport, she should have received an entry stamp. If she has the tourist card (laser visa), then she is presumed lawful. This would allow you to file her adjustment of status. We see these types of cases in San Diego a lot. If you need help, feel free to contact me again for a free consultation. 858-874-0711 or harun@ksvisalaw.com ... Read More

What does your agreement with direct tv say?  Does it authorize direct tv to take fees directly from your credit card?  If so, it can do so; direct tv is not a party to, and is therefore not bound by, your agreement with the cable company.  Presumably, if the cable company agreed to pay the early termination fee, it will reimburse you for the amount paid from your credit card.... Read More

Assuming that this is the same corporation and just a new owner, or that your contract was assigned to a new owner, your contract remains valid.  You have no obligation to accept any changes.  HOWEVER, does the contract contain any restrictions on the trucking company's right to fire you?  If not, the trucking company is within its rights to fire you unless you accept the new payment structure.  For example, if your contract provides that you will haul three loads a week for $500 per load until the end of 2015, with no means of terminating the agreement, then you have the right to haul 3 loads a week at $500 per load until the end of 2015.  But if your agreement only says that you will be paid $500 per load for all loads you haul, the trucking company has to pay you $500 for any load you haul, but does not (absent factors not mentioned in your question) have any obligation to use you to haul anything, so that if you don't agree to different pricing, the company doesn't have to use you.... Read More

I'm not sure I completely understand your question.  Are you asking if either or both of you NEED to file bankruptcy, or how to go about filing bankruptcy for each of you? To file a bankruptcy case, the first step is to have a consultation with an experienced bankruptcy attorney in your area.  They can advise on your options, eligibility, and alternatives to bankruptcy as well as to ultimately evaluate whether bankruptcy is a good option for you. If you both need to file bankruptcy, they would need to be separate bankruptcy cases since you are not married. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. ... Read More

Part of the issue becomes, are the notes recognizable. If no one is going to be able to tell that the sounds came from Nintendo games, you are unlikely to have an issue. If people can tell, now it looks like you are related (trademark issues) and you are exploiting their musical work (copyright issues). If the work you are taking is that limited, why not just generate your own low quality single notes instead of relying on Nintendo games?... Read More

If you're filing pro se you are responsible for knowing all the Local Bankruptcy Rules, Federal Rules of Bankruptcy Procedure and the Bankruptcy Code.   If you do not meet the deadline, your case will be dismissed.   If your case is dismissed, you can re-file your case, but if you do so within one year, the automatic stay--which prevents creditors from taking collection actions against you-- will only be in effect for 30 days in your new case.   You can file a Motion for Extension of time to file your schedules, but you need to comply with the procedures of your court's local rules as well as the Bankruptcy Code in filing, serving and setting a hearing on the Motion, if necessary. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read More

Of course you are correct that the supervisor cannot tell the doctor how to do their job or what your medical needs really are. But the supervisor can say that the way the doctor's restrictions are written prevents you from doing your job. They can insist on a change in restrictions, but probably not a complete release of all restrictions. You can ask your doctor to release you from some or all of the restrictions. It's up to the doctor whether they will do it.... Read More

Baby:  You need to register the baby soon after she is born with the American Consulate in your country.   Girlfriend:  Since you are both living in Jamaica, you could marry her in Jamaica and start the process for her green card while there.  You will need to prove your intent to re-establish yourself in the U.S.  If you do not have sufficient income to meet the Poverty Guidelines for the Affidavit of Support, you will need a co-sponsor.     Please contact an experienced immigration attorney to sort out the details.   Evelyne M. Hart, Esq. EVELYNE M. HART, PC - IMMIGRATION LAW OFFICES 1440 N. Harbor Boulevard, Suite 900 Fullerton, CA 92835 (714) 447-1282 ehart@hartimmigration.com www.hartimmigration.com      ... Read More