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General Practice Questions & Legal Answers - Page 18
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Recent Legal Answers

Do we have rights to personal property inside after it is sold privately?

Answered 6 years and 3 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
That depends. If your husband sold the truck and there was no discussion about the personal items, then the sale included everything in the truck. If there was a specific discussion that the sale did not include the items in the truck, then the sale did not include the items in the truck. If the latter, then you can file a civil action lawsuit against the buyer in small claims court for the cost of the items. As you might have learned, next time take everything out of the vehicle before you transfer possession to the buyer.... Read More
That depends. If your husband sold the truck and there was no discussion about the personal items, then the sale included everything in the truck. If... Read More

I was given a tv from a friend

Answered 6 years and 3 months ago by attorney Bruce Robins   |   1 Answer
No, an unconditional gift can't be revoked.  Of course, it is always possible that, if the matter proceeds to court, a judge or jury may believe your friend's claim that it was not a gift, rather than your version that it was.
No, an unconditional gift can't be revoked.  Of course, it is always possible that, if the matter proceeds to court, a judge or jury may believe... Read More
In a vacuum, a stock sale changing ownership of a corporation is not an assignment of the corporation’s assets or liabilities the same entity is still obligated and getting the benefits.  However many contracts define “assignment”  to include a change in the corporation’s control.  You need to look at the underlying contract to see how assignment is defined. ... Read More
In a vacuum, a stock sale changing ownership of a corporation is not an assignment of the corporation’s assets or liabilities the same entity... Read More

Found a small bandaid in pack of pickles from jimmy johns

Answered 6 years and 4 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Call the risk management depart for the jimmy johns corporation.
Call the risk management depart for the jimmy johns corporation.
If your bf gave you the car, he has no legal right to take it back.  He may claim that he didn't give the car to you outright, however, but only let you use it, or only gave it to you on condition that you stayed together, or some other version of the facts other than an outright gift.  It is by no means certain that the court will believe you.  The fact that you are listed as a driver on his insurance doesn't prove the gift.  If anything it supports a claim that it wasn't a gift, because if the car was yours why wasn't it covered by your insurance?  Assuming that you have nothing in writing in which he said that the car was yours, and no unbiased witness (maybe the car salesman?) the most powerful evidence of who is the true owner would probably be the title.  Who is listed as the owner on the title?... Read More
If your bf gave you the car, he has no legal right to take it back.  He may claim that he didn't give the car to you outright, however, but only... Read More

Can a company be sued for over charging shipping and handling cost?

Answered 6 years and 5 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
RockAuto may have special arrangments with the shipper. If you paid for the shipping, then you might want to contact RockAuto and discuss this with it. They may offer you a refund of some kind.
RockAuto may have special arrangments with the shipper. If you paid for the shipping, then you might want to contact RockAuto and discuss this with... Read More
It depends what your invoice says.  If none, you cannot just get rid of it.
It depends what your invoice says.  If none, you cannot just get rid of it.

What can I do to prevent inheriting debts

Answered 6 years and 5 months ago by attorney Bruce Robins   |   1 Answer
Absent an explicit contract providing for it (to which you would need to be a party) you can't inherit your father's debt.  Any debt he leaves after his death will be paid by his estate, which will leave less for you to inherit, but you have no obligation to pay any debts which arenot covered by the estate's assets.... Read More
Absent an explicit contract providing for it (to which you would need to be a party) you can't inherit your father's debt.  Any debt he leaves... Read More
The key is putting the university on written notice before the date that you would not be available. Did you give then prior written notice ? Did you offer to re-schedule the clinical day befre the day happened ? Ed Dimon, Esq. 732-797-1600
The key is putting the university on written notice before the date that you would not be available. Did you give then prior written notice ? Did you... Read More
Did the accident happen in Florida or Maryland?
Did the accident happen in Florida or Maryland?

Can I buy a a firearm with a non domestic battery charge ? It's been over 12 years.

Answered 6 years and 7 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Please call me and I will be glad to discuss it with you.
Please call me and I will be glad to discuss it with you.
It’s definitely worth having a personal injury attorney investigate the accident. If the hospital was negligent in contributing to the accident, then they should be held accountable. Discuss with counsel here in Florida. 
It’s definitely worth having a personal injury attorney investigate the accident. If the hospital was negligent in contributing to the... Read More

Can I charge storage on a vehicle left on my property

Answered 6 years and 7 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
I am assuming that you are talking about trying to charge the finance company for storage. You can charge storage but only if you let them know in advance that this is what you are going to do. I would let them come and get the car off of your property without charging storage.
I am assuming that you are talking about trying to charge the finance company for storage. You can charge storage but only if you let them know in... Read More

A company committed fraud

Answered 6 years and 7 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Contact the company manages the course and find out from it how the 10% was arrived at.
Contact the company manages the course and find out from it how the 10% was arrived at.
I would put this in writing to your ex and send both regular mail and certified mail with return receipt that she has 30 days to gather all her 'stuff' from your house and that she can have police present if she is concerned for her safety. Ed Dimon, Esq. 732-797-1600
I would put this in writing to your ex and send both regular mail and certified mail with return receipt that she has 30 days to gather all her... Read More

Severe, recurrent noise complaint

Answered 6 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
A sidewalk is public.  If the noise does not rise to levels that are illegal, you are out of luck.
A sidewalk is public.  If the noise does not rise to levels that are illegal, you are out of luck.
Nothing.  The loan was made on your credit.  It will not be transfered.  Now you do not even have the car.  Not a good move.
Nothing.  The loan was made on your credit.  It will not be transfered.  Now you do not even have the car.  Not a good move.

wrongly charged

Answered 6 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
Anyone could be charged.  If you are not involved you have a defense.
Anyone could be charged.  If you are not involved you have a defense.

My son was arrest for simple possession. Can they later put a indicte on him .he is out on bond in Tennessee

Answered 6 years and 9 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Yes, they can indicted him for a higher crime.
Yes, they can indicted him for a higher crime.

can i sue the company?

Answered 6 years and 10 months ago by attorney Bruce Robins   |   1 Answer
If I understnad you correctly, you had a contract with the company to provide you with tickets and merchandise in exchange for $100.  The company breached the contract  by failing to provide the merchandise.  Assuming that these are the facts, this is a classic breach of contract claim.... Read More
If I understnad you correctly, you had a contract with the company to provide you with tickets and merchandise in exchange for $100.  The... Read More

I want to know if I have a case and is it worth it?

Answered 6 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
Call the consumer fraud unit of the DA in your county.  If the car is not registered, you cannot drive it.  You need to get your money back and return the car or get the paperwork.
Call the consumer fraud unit of the DA in your county.  If the car is not registered, you cannot drive it.  You need to get your money back... Read More

Do I have a case?

Answered 6 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
For the dental bill, you have a small claims type case.
For the dental bill, you have a small claims type case.
That's a tough question.  If you were never served, you are not subject to the court's jurisdiciton and theoretically could have any judgment entered against you vacated, and you may feel that you don't want to wake up the plaintiff to the problem by taking any action.  On the other hand, you're taking a chance that the plaintiff may have made some effort to serve you of which you are unaware, and that wehn push comes to shove, a court may hold that you were validly served and therefore a default judgment entered against you is enforceable.  If it were me, I probably would not want to take the chance, but I might wait untiil the statute of limitations has run.  Defamation claims generally have short limitations periods (I don't know what Georgia's is), and if you get the case dismissed on jurisdictional grounds after the statute of limitations has run, it will probably be too late for the plaintiff to sue you again.  Whether you choose to wait until the limitations period has run or not, you eventually would make a motion to dismiss the case for lack of jurisdiciton; if jurisdiction is an issue other than just the service, you may be able to make a limited appearance just to contest jurisdiction, without appearing generally in the case.... Read More
That's a tough question.  If you were never served, you are not subject to the court's jurisdiciton and theoretically could have any judgment... Read More

Joint acount upon my moms passing

Answered 6 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer
It is yours.  No need to file anything.  But I always recommend you close the account and open another or move the funds to your account.
It is yours.  No need to file anything.  But I always recommend you close the account and open another or move the funds to your account.
You can sue and get a judgment.  But who are you suing?  How would you collect?  Fraudsters are as good at covering their tracks as they are perpetrating the fraud.  If you do nothing you get nothing, but getting relief is hard.
You can sue and get a judgment.  But who are you suing?  How would you collect?  Fraudsters are as good at covering their tracks as... Read More