I am male, age 17, dating a female, age 14. We live in Santa Cruz, California.As I am aware once I turn 18 I am legally obligated to cut rel...

Question

I am male, age 17, dating a female, age 14. We live in Santa Cruz, California.

As I am aware once I turn 18 I am legally obligated to cut relations with my girlfriend. I was told there is such thing as a parental consent form from both parties that allows the relation. Does this exist? Her and I do not want to be separated for the 3 years until her own approach to legal age. Do you have any advice?

Answer

You are mistaken. If you mean sexual relations, there is no difference between being 17 and 18, it is still statutory rape, and if you are having sexual relations now you are both guilty now. The only difference is that once you are 18, she will not be guilty of statutory rape too. (Yes, it goes both ways, younger and older, male and female, if your partner is under 18 you are guilty no matter how old you are or your gender unless you were physically raped). Parents cannot consent to their children being statutorily raped. They can consent to a minor's marriage. I believe the minimum age for that is 16. That is the only way to make sex with a minor legal. If you only mean romantic relations but not sexual, then you are also wrong. Non-sexual romantic relations are perfectly legal between an adult and a minor as long as no other violations occur, such as contributing to the delinquency of a minor or child endangerment or something like that.

Answer

Assuming your question is about statutory rape, the statute in California is Penal Code section 261.5. It is full of references to the age of the participants, and their ages and the difference in age between them may have a major effect upon the seriousness of the offense.

(I assume) you are committing statutory rape under PC 261.5(a). If you are within three years of the girl in age, it is a misdemeanor, PC 261.5(b). If she is more than three years younger, it can be charged as either a misdemeanor or a felony, PC 261.5(c). Section 261.5(d) does not apply.

When you turn 18, you will be an adult, and liable for civil penalties as well as criminal. Penal Code section 261.5(e) adds civil liability for adults, and larger ones for adults over 21.

It looks to me as though turning 18 will make your offense somewhat "worse" in the sense that you could be liable for a civil penalty (fine) as well as jail time, but you are subjest to jail time as it is.

If a father files 4 legitimation and custody can he just do legitimation without fighting 4 custody? His lawyer says he can't the he has to ...

Question

If a father files 4 legitimation and custody can he just do legitimation without fighting 4 custody? His lawyer says he can't the he has to fallow through with both is it true! Thks

Answer

You asked a hypothetical general question instead of specific facts for your case (which makes this answer general and rather useless).

Legitimization can be done by itself, but usually is filed with the intention of resolving some other issues, which may include visitation, custody, support, medical expenses, tax deductions, etc.

Your post concerns me for what you did not ask. It sounds like he has a lawyer and has sued you for legitimization and insteda of getting a lawyer (and you need one) that you are making the enormous mistake of talking to his lawyer, which you never ever do. Stop doing that, talk with your own lawyer, and things may go better.

I signed my lease on friday the 8th and four hours later we go to move in and its infested, we have a little girl and are expecting. I don't...

Question

I signed my lease on friday the 8th and four hours later we go to move in and its infested, we have a little girl and are expecting. I don't want to live in these conditions what should i do?

Answer

If it is not habitable to live in, then you can break your lease and get your money back. Put everything in writing, and make sure you have evidence that there is infestation.

http://scotthyderlaw.com/

Answer

In Arizona, if a tenant claims that the premises are uninhabitable, the renter may provide the landlord with either a 10-day notice or a five-day health and safety notice pursuant to A.R.S.Sec. 33- 1361. This statute would permit the resident to terminate the lease and sue for damages.

My ex and i just went to court and the judge issued a "temporary" order of custody to me and visitations to my ex. visitation is slated to b...

Question

My ex and i just went to court and the judge issued a "temporary" order of custody to me and visitations to my ex. visitation is slated to begin this weekend. It wasnt until the date of court did i actually find out where my ex lives, because she had lied on her petition. I have several witness statements from people who have seen her beat, and lose our son. she has a history of being abusive, lying and threatening to "disappear" with our son. She also has a history of living on peoples couches, floor, or sharing beds with people who help her pay for rent. My problem is, she lives with several people, and all i want to do is meet these people, and see where my son will be staying before he spends the night. I f not then another person, like my mother or something. She will not let anyone into see where my son will be staying, and my fear is, due to the amount of lying shes known for, that she may not actually even live there, and I dont have any idea who these people are my son will be around. Is there anyway I can make her let someone see where my son will be staying, and meet the people she lives with?? is this Suitable cause for not allow my son to go over there? we live in the state of Virginia by the way

Answer

No, you must follow the visitation order until it is changed which means that

your remedy for the situation described is to file a motion to bring the

matter of visitation back before the court and have the order amended (if appropriate) based upon any new credible evidence that you may present to the court at the hearing on the matter.

I purchased a home in March 2008. There were some problems with the title and it was not transferred into my name until the end of April 200...

Question

I purchased a home in March 2008. There were some problems with the title and it was not transferred into my name until the end of April 2008. Can I claim the first time home buyer tax credit?

Answer

If you otherwise qualify for the tax credit.

If sidestand and clutch relay wires on 1994 virago are disconnected-do they have to be connected for bike to start?

If sidestand and clutch relay wires on 1994 virago are disconnected-do they have to be connected for bike to start?
no they do not. wires do not make bikes start

Who is married to Laurence Olivier?

Who is married to Laurence Olivier?
Laurence Olivier (1907-1989) was married to Joan Plowright at thetime of his death.

Over his lifetime, he was involved in three marriages:

Jill Esmond (married from 1930-1940)Vivien Leigh (married from 1940-1960)Joan Plowright (married from 1961-1989)

His children:

Tarquin Olivier (born 1936, mother: Jill Esmond)Richard Olivier (born 1961, mother: Joan Plowright)Tamsin Olivier (born 1963, mother: Joan Plowright)Julie Kate Olivier (born 1966, mother: Joan Plowright)

My wife will soon be applying for citizenship on the basis of marriage. I just noticed in From N400 that the questions in parts 6 and 7 ask ...

Question

My wife will soon be applying for citizenship on the basis of marriage. I just noticed in From N400 that the questions in parts 6 and 7 ask for information that go back 5 years. My understanding is that you become eligible for citizeship 3 years after becoming a permenant resident if you are applying on the basis of marriage. (she got the Green Card on the basis of marriage)

Do we have to put down the information for the last 5 years?

Thank you

Answer

Hello:

The physical presence requirements and time since getting the Green Card would be 3 years.

What are the release dates for Daisy of Love - 2009 Things Are Getting Spicy 1-6?

What are the release dates for Daisy of Love - 2009 Things Are Getting Spicy 1-6?
Daisy of Love - 2009 Things Are Getting Spicy 1-6 was released on:

USA: 7 June 2009

Do I have the right to visitation while the custody process is going on. I want to start a custody hearing, but I am afraid that my daughter...

Question

Do I have the right to visitation while the custody process is going on.

I want to start a custody hearing, but I am afraid that my daughter's mom will stop letting me see her once I do this. I can now only see her at her house and she will not let me take her to my house. That is why I am going to file for joint custody. Is there any temporary custody that I can get while this is going on. Also, how long does this usually take? I want this to happen quickly because a lawyer that I spoke to said that over-nights are very important and she hasn't let me even bring her to my house (I live with my parents). My daughter is 6 weeks old. I have spent at least 4 hours each work day with her and more than that on my 2 days off, since she was born.

Answer

Yes you can file for temproary custody. You should contact an attorney as soon as possible. This is not a quick process but you should have visitation during that time. Call my office to set up an appointment.

Where can you find Hokage sprites?

Where can you find Hokage sprites?
Try this place:http://www.freewebs.com/spriteshop/narutosprites.htmMike------

If a man is paying child support and gets married to someone besides the mother of his kid(s), can she then try to get the support modified ...

Question

If a man is paying child support and gets married to someone besides the mother of his kid(s), can she then try to get the support modified and use an increased income as the reason (even though his personal income has not?

Answer

The income of his new spouse is not relevant to the setting of child support. It may be for the setting of college contribution.

I have a friend. She is 17 and we live in Ga. She wants to move out of her parents house as soon as she can so we need answers fast. State l...

Question

I have a friend. She is 17 and we live in Ga. She wants to move out of her parents house as soon as she can so we need answers fast. State law in Ga say you can leave at 17 right? But the thing is she is on probation for running away a few years ago (She had her reasons) But this leads me to believe she can still leave but she can't leave the state right?

Answer

This is in the wrong category, but your "friend" can move out and do as she wishes when she is 18. Of course, no one here knows of her background and probation so she might just get in more trouble because of that.

What are the release dates for Leverage - 2008 The D.B. Cooper Job - 5.6?

What are the release dates for Leverage - 2008 The D.B. Cooper Job - 5.6?
Leverage - 2008 The D.B. Cooper Job - 5.6 was released on:

USA: 26 August 2012
Japan: 28 August 2013

What are the release dates for Tom Thumb - 1978?

What are the release dates for Tom Thumb - 1978?
Tom Thumb - 1978 was released on:

USA: 1978

Does Selena gomez play any sports?

Does Selena gomez play any sports?
Selena Gomez likes soccer and basketball.

Is there any riddles like room with no windows or doors?

Is there any riddles like room with no windows or doors?
no

Hi, I was wondering if it was legal for people to sell restaurant discount/savings cards without getting a contract from these restaurants. ...

Question

Hi, I was wondering if it was legal for people to sell restaurant discount/savings cards without getting a contract from these restaurants. The card says "at participating locations only". I've been told that the card I bought is fake but yet it still worked in locations prior to me being told this. Is it legal for the guy I bought it from to sell these fake cards?

Answer

If the cards are in fact fake, then it is probably legal for them to sell them. The restaurant can or cannot accept them at their discretion.

What are the release dates for Unique Whips - 2005 Dead Men Walking 2-7?

What are the release dates for Unique Whips - 2005 Dead Men Walking 2-7?
Unique Whips - 2005 Dead Men Walking 2-7 was released on:

USA: 5 April 2006

What do we do with batteries from hybrid cars after their replaced?

What do we do with batteries from hybrid cars after their replaced?
Most of the material is recycled.

what can i do if my son is being bullied by teachers?

Question

what can i do if my son is being bullied by teachers?

Answer

Schools are institutions, with chains of command. Generally you need to try to talk to the teachers directly first, and if you are not satisfied then go up the ladder. There should be a pupil services person who may be a vice principal who might be the next step. Most likely if you go to the principal first they will ask if you have spoken to the teachers, and if you haven't they will ask you to do so. If the administration (including principals) are already aware of the situation and you are not satisfied, you would have to go beyond the school itself to the superintendent's office. And so forth. There are attorneys who deal with these matters and you should consider one if possible; once you start up the administrative ladder you could be affecting your due process rights without knowing it.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

What is the essence of no theater?

What is the essence of no theater?
A movie

When cars have baby cars does it come out its mother's car butt?

When cars have baby cars does it come out its mother's car butt?
No. >:(




Maybe in your dreams! :D

In a private company of only 3 board members, can 2 accuse the other of falsifying documents?my dad works at a private help company has for ...

Question

In a private company of only 3 board members, can 2 accuse the other of falsifying documents?

my dad works at a private help company has for 35 years. the owner passed away leaving it to his daughter and son . all 3 make up the board, my father only hols 2% percent. Before the owner passed away he changed my father;s contract to protect him as he knew his son is greedy and only wants money and feared he'd liquidate. the contract revision gave 5 years at salary if terminated unless gross negligence. last week , the son fired my father saying he falsified financials & would not honor the contract . in his 35 years with the company , he has never been accused of anything but saving the company , building the company being the heart of the company. Can this type of accusation REALLY be made &hold up? It's breach/'defamation / wrongful termination and he literally left him w/ nothing

Answer

If everything is and happened as you described, and there is evidence to back it up, your dad has a good case for wrongful termination. Anyone can accuse anyone of anything. Whether it can hold up depends on the evidence. The burden of proof will be on the employer to show gross negligence. If they can't prove it, your father would be entitled to the five years salary. Your father may also have minority shareholder rights that have been violated. He should contact an attorney directly right away.

Answer

People CAN do anything they like, and can get away with.

Your father's remedy now is a lawsuit for wrongful termination and breach of agreement. He has to show they were false allegations and that they had no grounds to terminate him. If he is serious about hiring counsel to help him in this, feel free to contact me. Do not delay.

how can i file for legal seperation and child support together?

What are the release dates for Frank's Place - 1987 Shorty's Belle - 1.18?

What are the release dates for Frank's Place - 1987 Shorty's Belle - 1.18?
Frank's Place - 1987 Shorty's Belle - 1.18 was released on:

USA: 15 February 1988

How do you remove an automatic transmission from a Nissan exterra?

How do you remove an automatic transmission from a Nissan exterra?
You will need an expert help from the service centre authorities . Call 8663833683

once a will is in probate what steps need to be taken to close it out

Question

once a will is in probate what steps need to be taken to close it out

Answer

The answer really depends on the situation. Every estate is different and there is no "one size fits all" answer to your question. The best advice I can give you is to meet with an experienced Trust & Estate attorney and he/she will be able to review your situation and guide you accordingly.

I reside in Cabarrus county, is it necessary to have a seperation agreement in order to get divorced or is it optional?

Question

I reside in Cabarrus county, is it necessary to have a seperation agreement in order to get divorced or is it optional?

Answer

Optional. But having one may save you some money.

My uncle passed away in New York leaving no will. His brother and my mother were the only immediate beneficiaries of his estate. However now...

Question

My uncle passed away in New York leaving no will. His brother and my mother were the only immediate beneficiaries of his estate. However now we have found 2 other beneficiaries from among his relatives. I have been assigned duties as the administrator of his estate. My question is, to what extent legally are we bound to attempt to find his other relatives (many are overseas)? I have read something about a 7 month limit for finding beneficiaries, but I'm not clear on the details. The bottom line is, I don't want to responsible for new beneficiaries claiming they are owed part of his estate AFTER we've distributed the estate.

Answer

You must publish the Notice of Administration. Suggest you retain counsel.

Answer

As Mr. Slater advised you, it's time to hire an attorney. If you were to distribute the assets of the estate in derogation of the rights of any distributees, things would get decidedly unpleasant. Your information is just plain wrong that all you need to do is sit back for seven months and then you are home free.

Finding distributees is not always easy. And sometimes it is expensive. But it is an expense of the estate.

There is no advantage to your continuing without an attorney. But there is potentially a big downside.

Good luck to you.

Is the field of dreams field still being kept up?

Is the field of dreams field still being kept up?
yes it is actually i have just seen it recently, oh what a great movie

My wife was laid off from a mine office Friday by the company's Vice President of Finances. Reason being "lack of work". Why he did it is un...

Question

My wife was laid off from a mine office Friday by the company's Vice President of Finances. Reason being "lack of work". Why he did it is unknown to her. This morning the Mine Supervisor, the one normally in charge of hiring and firing, calls asking her why she isn't there and why somebody else is doing her job in her office. My wife was never reprimanded or written up. She did her job well but always felt as if someone she worked with who was over her did not personally like her.Is there any legal action that can be taken given that they laid her off for "lack of work" then hired somebody else to do the exact same thing the following work day? There are more details but for the sake of time this is the best summary I can write.

Answer

Call me. This situation may have a few other angles.

Hospital quoted flat rate for surgery for patient without insurance. Patient paid in full and in advance of procedure. Surgery went as plann...

Question

Hospital quoted flat rate for surgery for patient without insurance. Patient paid in full and in advance of procedure. Surgery went as planned, no problems or extra procedure required. Hospital now says two weeks after surgery that it billed incorrect amount. New amount is SEVENTEEN times more that original flat rate. How can hospital take our money for agreed flat rate and now, after surgery (which can't be undone), change amount so drastically?

Answer

I hope you have the hospital's flat rate agreement in writing. If so, you are in a strong position to argue that the hospital entered into a legally binding obligation to provide the services at the flat rate and no more than that.

Answer

If you have it in writing, they can't.

How much should I expect on an offer from an insurance company when I have about 10,000 in bills

Question

How much should I expect on an offer from an insurance company when I have about 10,000 in bills

Answer

I assume that you were injured as a result of someones negligence. The circumstances leading to an injury, the nature of an injury and the medical expense associated with treatment are just some of the factors to be taken into account when determining settlement value. You should consult a lawyer with experience in handling personal injury cases. Most lawyers will handle such cases charging a fee only if they recover money for you. It is unwise to discuss your potential claim with the insurance company without first consulting a lawyer.

Answer

Zero! The value of your case is not established by how much your doctors billed. If you get compensation, it will be for your pain, suffering, embarrassment, humiliation, etc. There are more variables than you can imagine. Those items are not reflected in your doctor bills. It's not as simple as multiplying the amount your doctors billed by some number and expecting the insurance company to offer that much to settle. If they see that you are not represented by an experienced personal injury attorney, any settlement offer they make will be "peanuts". You should hire an experienced personal injury attorney near you. Call me if you want a few names.

Richard Senker 610 279 1600

Where are the most car made?

Where are the most car made?
Japan

Does Aubry still work at LA ink?

Does Aubry still work at LA ink?
No. The first episode of Season 4, Aubry was fired.

Did Adam hicks go out with bridght medler?

Did Adam hicks go out with bridght medler?
Yes Adam hicks go out with bridght medler.

Greatest American songwriter of romantic period?

Greatest American songwriter of romantic period?
Taylor Swift by far.

What is the history of pagapir?

What is the history of pagapir?
sorry for party rockin'

How do you replace the ignition switch on a 1991 eldaroda?

How do you replace the ignition switch on a 1991 eldaroda?
There are two - the one that you turn with the key - and the one on top of the column under the dash/ the one you put your key in- the steering wheel has to come off. The one that the key switch operates- you need to drop the column down to replace

What is boo boo stewart's phone number?

What is boo boo stewart's phone number?
WikiAnswers does not disclose personal information about persons famous or nonfamous alike, due to privacy regulations, and WikiAnswers policies.

I was convicted of a felony controlled substance crime in 2009. In 2011, I was granted a stay of imposition, and the offense was dropped to ...

Question

I was convicted of a felony controlled substance crime in 2009. In 2011, I was granted a stay of imposition, and the offense was dropped to a misdemeanor level. However, I am still prohibited from possessing a firearm for 10 years after the initial conviction. Could I get a concealed and carry permit for a knife or CO2 powered pistol?

Answer

Any felony conviction usually will prohibit the defendant from ever legally possessing a firearm for his or her entire lifetime. Under some U.S. Department of Justice interpretations, even a subsequent reopening and reduction the felony to a misdemeanor later one may not alter this prohibition. However, there are several different laws which apply, some state and some federal, so the answer may be different if you are only asking about WI law. That being said, I would be somewhat surprised if you would still be able to get a concealed carry permit in WI with this bad of a record. My comments in this public web forum are intended only for public educational purposes and are not legal advice specifically tailored to you and your case. Instead, you should retain a lawyer in order to meet your legal needs, since I will be taking no action on your case. Disclosure of confidential information in a public web forum is not recommended and is always subject to being used against you in court. You are welcome to contact my Racine, WI office at 262-633-3090 or email me at [email protected]/* */ for further information. Web forum answers may contain attorney advertising materials.

What is the telephone number for def jam records?

What is the telephone number for def jam records?
hi can we send demos

What are the release dates for The Early Show - 1999 - 2011-05-25?

What are the release dates for The Early Show - 1999 - 2011-05-25?
The Early Show - 1999 - 2011-05-25 was released on:

USA: 25 May 2011

If I set up Mediation outside of court how to I make sure it is enforced in court?

Question

If I set up Mediation outside of court how to I make sure it is enforced in court?

Answer

Teh obligation to undertake an aprtake in mediation can be enforced. Teh reult of th emediation is never enforced, unless it results in a contract between the parties. Mediation i sintended to se if the parties can agree to a resolution without the need of a trial. An arbitration award or decision can be enforced in civil court. Teh arbitrator sits ina judge-like positon and renders a decision like a judge would. Perhaps that is what you meant when you said mediation.

Good luck

What are the release dates for Drag Race Untucked - 2010 Lip Synch Extravaganza Eleganza 5-2?

What are the release dates for Drag Race Untucked - 2010 Lip Synch Extravaganza Eleganza 5-2?
Drag Race Untucked - 2010 Lip Synch Extravaganza Eleganza 5-2 was released on:

USA: 4 February 2013

Is pairt of kings really called kings of chaos?

Is pairt of kings really called kings of chaos?
no

Is spending a lot of time on a computer bad for you?

Is spending a lot of time on a computer bad for you?
It can be very bad for youyou can get worse eyesiteNot going out to mess around can make you FATyou can get artritus in your figures for typing to muchand you will have a lolny life with no friends :D

Fancy dress beginning with x?

Fancy dress beginning with x?
If its for a girl you can do 'Xena' :-HannahIf its for a girl you can do 'Xena' :-HannahIf its for a girl you can do 'Xena' :-Hannah

my daughter's mother has failed to pay tuition for her private school. I'm being sued by the school for non payment. we were never married a...

Question

my daughter's mother has failed to pay tuition for her private school. I'm being sued by the school for non payment. we were never married and I never signed an agreement, nor have I registered her to this school. Her mother took cae of all of this and I was helping her pay for tuition. It was NOT part of our child support agreement, I helped with the money voluntarily. Does the school have a right to come after me for this money? They say we owe $3700.

Answer

I do not see how you are liable if you did not agree.

I am the equal share owner of a vacant property with two other siblings. Another family member wishes to rent the property. Two of us are in...

Question

I am the equal share owner of a vacant property with two other siblings. Another family member wishes to rent the property. Two of us are in agreement to sign a one year lease in order to generate income. The third owner does not want to sign. Can this lease proceed because the majority of the owners agree?

Answer

No. You should buy him out or start an action in partition to force a sale.

What damage can occur to a car if you run out of gas?

What damage can occur to a car if you run out of gas?
none

My father has been helping a friend out for the last few months. The person that he was helping has kids and they had a issue with their liv...

Question

My father has been helping a friend out for the last few months. The person that he was helping has kids and they had a issue with their living situation. My father gave them a key and discussed with is other housemate that they can stay there for a little bit until they can get back on their feet. Long story short this did not work out and he wants her and her kids gone from the house. She does not contribute in any way, she is not on the lease, and there is no document or contract dictating whether she should pay rent or help in any way. BOTTOM LINE she is a guest and my father wants her gone. He has called the police and the police would not remove her. I find this really odd. Is there anything that he can do so that this situation is cleared up ? She is arrogantly not leaving and still to this second coming in and out the house and not speaking or doing anything except using my fathers resources. I cannot understand why she can stay and the police didnt remove her. Please help!!

Answer

This is a civil matter. It was improper for him to call the police. He could get sued for a great deal of money for an illegal eviction. Your father should know taht when you have legal problems you call lawyers.

The friend is legally a tenant at will under an oral agreement. To evict a tenant at will, he must give 60 days notice. He should do it in writing and he should be prepared to prove how he delivered notice. Should the friend stay after that he can then file a dispossessory in Magistrates Court.

I note that you said your father AND someone else live there. So it probably takes BOTH people to evict her.

I received a registered letter informing me that I had to appear before a Pa. Magistrate to give him an update on the sale of property and a...

Question

I received a registered letter informing me that I had to appear before a Pa. Magistrate to give him an update on the sale of property and a house (the house needs to be rehabbed). When I showed up for my court date; with my REGISTERED LETTER IN HAND, the Magistrate asked me why I was there. I told him that I received a registered letter from the court ordering me to appear in court on the date that was in the registered letter I received. I know how important it is to show up for a court date and I would never intentionally miss one. The magistrate informed me that I didn't show up for a court date he said was scheduled four days earlier and that he found me guilty in abstention and I would receive his ruling by mail. I told the magistrate that I NEVER received any notification whatsoever of a new court date and if I was notified I surely would have been in attendance. I feel my civil rights were severally violated in this matter. How could a person be found guilty when he had no notification whatsoever from the court of a court date. All communication from the magistrates office to me has been by registered mail. Once again I received NO notification of the new court date but I did show up in court on the date I was supposed to. Do I have any rights to file a suite in this matter? DAVID C

Answer

Well you have the right to appeal. If it's a civil case you get a trial de novo in Common Pleas Court you have 30 days to appeal from the date of the decision. If it was a summary criminal case you can appeal that as well.

If you decide to appeal you would be well advised to get a lawyer.

John

What does wdo stand for on engine fuse box?

What does wdo stand for on engine fuse box?
Yes, so wdo just stand on engine fuse box.

How old is Jackie warner's mother?

How old is Jackie warner's mother?
old mcdonaldjaculine warner

I filled for separated for divorce for 2 years. We are still separated now, due to the fact that I cannot afford to pay for a divorce, and ...

Question

I filled for separated for divorce for 2 years. We are still separated now, due to the fact that I cannot afford to pay for a divorce, and he hides or flees the state and refuses to financially do ANYTHING. Court ordered child support was included in the separation agreement, and it has been active since the signing of the separation papers, though he has only ever paid twice. He was behind from the get go, refusing to pay the very first month. He started out 3 months behind and paid to get rid of the warrant. The 2nd time he paid was 8 months later, he had been arrested and had to pay in order to get out of jail. He also told the judge that he had re-enlisted into the military and was being deployed. TOTAL LIE!

That was 10 months ago. He had another warrant issued a few months after that, unknown to me at the time, he has ran to California, gotten in trouble and was/is facing alleged charges of impersonating a Police Officer, assault with a weapon, and wrongfully detaining people. (I called out to CA and talked to the station myself). My husband has been back in this state though, since at least 4 months ago. I have photos with time stamps to prove it, taken and given to me by a friend of his family.

About the time my husband took off to CA, we had had a court date, concerning his non-payment of child support again. The judge issued a bench warrant and when I inquired about his not showing up for visitation those previous months, she stated that she wasn't going to make me care anymore than he does. She told me I didn't need to continue to drive to our transfer location, and she suspended his visitation.

All the phone numbers I had for my husband and his family have been disconnected, they are never at my husbands parents home (where he was living), and I was verbally attacked and cussed out in an email from his sister out of the blue several months ago, where she also stated that she didn't know where her brother was, and wouldn't tell me even if she did know. (This was a month before their friend showed me the photos)

Over the course of the past 2 years, my husband has sent me emails and texts stating that he will sign over his rights to me if I drop child support. Of which when I try to reply to the emails, I find that they are deleted accounts, and before he changed his number, I was only met with yelling, and threats anytime I returned a call.

I'm tired of his verbal attacks, hiding, and in my opinion, abandonment. (He hasn't seen his son since December 2009).

My question is this:

If I can scrape up the money for a lawyer to initiate/complete our divorce, will the judge allow me to take my husbands rights?

I honestly have no clue if/how he will be served or if he would show up or respond to court.

Answer

The Court has the ability to terminate a parent's rights if you can prove willful failure to (a) visit the child or (b) pay child support for six months or more. However, just because the Court has the ability to do so does not guarantee that it will. For instance, the Court could suspend his visitation but still require him to pay child support.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case. If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.SpartanburgLawyers.com). I wish you the best of luck.

Ben Stevens

I am a commission only paid employee of a towing company in california. My employer has decided to give the manager of our company the right...

Question

I am a commission only paid employee of a towing company in california. My employer has decided to give the manager of our company the right to take all of the most lucrative calls i.e long distance and police calls. This is taking money from my pocket because we ar commission based.

Answer

You'll need to find a new job, but there is no 'legal action' just because they are unfair.

we have a trust that was written in California. We now live in Florida. Does the trust have to be redone?

Question

we have a trust that was written in California. We now live in Florida. Does the trust have to be redone?

Answer

The trust agreement matters. Have it reviewed by an attorney.

Answer

Yes-The laws are different in Florida.

The trust should be restated.

My mother passed away about 4 months ago and I just realized that I have to file a "change of ownership statement: death of real property ow...

Question

My mother passed away about 4 months ago and I just realized that I have to file a "change of ownership statement: death of real property owner" form with the county. She has her primary residence that my brother and I are on the note with and are paying property payments on and another vacant lot behind her that she is the sole owner on. Do we have to file this form on both parcels or just the one with her name alone? We also was wondering if this parcel goes into any kind of probate action since there is no will?

Answer

Lack of a will is not, in itself, indicative that no probate proceeding is necessary. Some degree of formality of proceedings is required for all but small estates. Where the decedent owned real property and had a mortgage, the assistance of an attorney with probate experience is almost certainly going to be necessary to avoid a mess down the line. I'd guess that someone needs to petition the local court for formal appointment as the estate's representative, and should do so after consultation with an attorney.

Answer

A probate is likely needed to transfer the properties. You need to consult with an attorney so that the attorney can review the facts and give you specific legal advice. Many attorneys will initially consult with you without charge.

Have 50 50 custody, should father be paying child support? Live in PA

Question

Have 50 50 custody, should father be paying child support? Live in PA

Answer

In Pennsylvania, both parents are responsible for child support. If the income of both parents is about equal, then neither parent would be paying child support to the other parent, if the child spends an equal amount of time with each parent.

If the income of one of the parents is significantly greater than the income of the other parent, then the parent with the greater income would be liable for payment of the difference to the other parent for some of the child support.

Kindest regards,

ANDREA

I have an old case 1999 misdemeanor charge have a warrant out for that case. Failure to appear. What can I do live out of state

Question

I have an old case 1999 misdemeanor charge have a warrant out for that case. Failure to appear. What can I do live out of state

Answer

The case would actually have to be brought back before the court. My best guess is that the warrant would be recalled and thew case dismissed. You have to actually appear in court this time. if this happened in Cook County, please call me at (708) 263-8212.

Answer

I agree that an attorney should be able to get te warrant recalled although in some courts you may still have to post bond. Then, because of the age of the charge, it may be possible to have it thrown out. I handle such cases in several counties, and you may contact me directly.

What are the steps to building a car?

What are the steps to building a car?
Have a plan,

Have the tools,

Have a shop,

Have the funds,

Have the patience.

What cars bolt pattern is 4x108mm?

What cars bolt pattern is 4x108mm?
2012 ford fiesta

My father was admitted into a hospital in zephyrhills, fl due to a brain bleed from his blood thinner levels being to high. The treatment he...

Question

My father was admitted into a hospital in zephyrhills, fl due to a brain bleed from his blood thinner levels being to high. The treatment he received the eleven days he was in there was appalling. Do I have legal action that I can take against the hospital ?

Answer

If the treatment was as you describe and if your father was harmed by the treatment, a medical malpractice action may be possible. More information is necessary as to both of those elements.

Answer

You may have a case but have to prove damages and that their actions were outside the normal scope of care. You should consult with a medical malpractice attorney for a free consultation.

In the state of Virginia, does a renter of a house have the authority to give possession of that house to another person OR a company? Examp...

Question

In the state of Virginia, does a renter of a house have the authority to give possession of that house to another person OR a company? Example: A renter of a house is approached by a company for a foreclosure to relinquish the premises and is paid a fee to do so. HOWEVER, it was the wrong house and the foreclosed property was next door.

Answer

No, of course, not.

How long does it take for hulu to put up new eposoides?

How long does it take for hulu to put up new eposoides?
It depends on Hulu's arrangements with the show's owners. Some shows are put up the day after their air date, others are put up a week after air date, etc. You can check what their arrangement is by going to a show's page and looking under the availability section.

a collection agency protfolio recovery is trying to sue me for a capitol one debt. the evening i was supposedly served the paperwork i was a...

Question

a collection agency protfolio recovery is trying to sue me for a capitol one debt. the evening i was supposedly served the paperwork i was actually out bowling and was not home! The person serving the papers gave them to my wife. I was never formally served the papers. what can i do?

This is what it says online about the case!

PROOF OF SERVICE (SUB-SERVICE) OF SUMMONS AND COMPLAINT FILED 10/24/2011 OF PORTFOLIO RECOVERYASSOCIATES L.L.C AS TO CHRISTOPH P WANSTRATH, BY SUB-SERVING JANE DOE, WHO REFUSED TO GIVE NAME, CO-RESIDENT. MAILING DATE OF 11/17/11.

what are my options

Answer

That service is entirely proper, unless there are defects in service that are not disclosed in the facts you give. Formal service can be effected by making attempts to serve you in person, and then if they don't find you at home, but leaving the summons and complaint with anyone at your home who is 18 or over and resides there, and then by mailing a copy to the same address. By law, that type of service is effective ten days following the date of mailing. Your options are 1) pay the debt, 2) hire a lawyer to file an answer for you, 3) ignore it and let a judgment be entered against you, 4) file an answer your self and then lose the case (which you surely will if they have an attorney and you don't) and a judgment will be entered against you at that time, or 5) file for bankruptcy protection if you qualify.

What are the release dates for The Kelly File - 2013 2013-12-10?

What are the release dates for The Kelly File - 2013 2013-12-10?
The Kelly File - 2013 2013-12-10 was released on:

USA: 10 December 2013

After meeting a nice mature girl and I wanted to have a nicerelationship and later on also had safe sex that she agrees on.Is there any kind...

Question

After meeting a nice mature girl and I wanted to have a nice

relationship and later on also had safe sex that she agrees on.

Is there any kind of legal protection that I can get before

having safe sex,.....because what if she had later plans

of using it as if I raped her.

(protection) I am not talking condoms......I am talking safety

as in not being charged of rape.

Thanks.

Answer

There are no guarantees in some areas of life, and written notarized consent for nookie just ain't happening. Avoid having sex with people you don't trust, as in, get to know your partner really well first. Give pleasure as well as receive it so that it doesn't end on a sour note and she doesn't feel used afterward. Buy her flowers or at least call her.

child custodythere are temporary orders for father and mother(me) to keep children in marital home and father and mother are each there for...

Question

child custody

there are temporary orders for father and mother(me) to keep children in marital home and father and mother are each there for half of the week. i need this changed as 2 51A's have been reported to the states social services agency. one report charges neglect by the father of all 6 children and other report charges physical abuse of one of our daughters by the father

Answer

Re: child custody

You need to file an emergency motion with the court explaining this situation and seeking to change the temporary orders.

Answer

: child custody

Gregory was correct but incomplete.

ANother option is to file for a restraining order in the behalf of the children.

You have not stated what the abuse was. You have not said if the complaints are valid. You have not said who filed the 51a. All of these factors are part of being to assess the situation and which steps to take.

If you have further questions, contact me.

I am a student with cerebral palsy. This week I am turning 21. I use a segway to get around. Its an ADA device and I cannot walk without it....

Question

I am a student with cerebral palsy. This week I am turning 21. I use a segway to get around. Its an ADA device and I cannot walk without it. Can i get a dwi?

Answer

I do recall a case where a man was convicted in LA of DWI for driving a lawn mower on a street, so it could be possible if you drive it intoxicated on a public road. LA law requires operation of a "motorized vehicle" on "a public road" though, so parking lots, buildings, sidewalks, etc., don't qualify. You should keep in mind that if you drive drink and/or recklessly anywhere and you injure someone, you can be held liable. Exercise some care and common sense and you'll be fine.

my unwed fiance has a child with the unwed fathers sur name. he pays no support.i want to bring them to usa.can he stop her?

Question

my unwed fiance has a child with the unwed fathers sur name. he pays no support.i want to bring them to usa.can he stop her?

Answer

You may wish to rewrite your question. It is not clear as written.

What is the name black guy on tmz who wears glasses?

What is the name black guy on tmz who wears glasses?
Charles Latibeaudiere is the African American co-executive producerof TMZ.

Is the raycaster a real car?

Is the raycaster a real car?
No

if someone petitions a reduction in sentence, could one of the outcome be the prosecutor coming back and adding more to the sentence?

Question

if someone petitions a reduction in sentence, could one of the outcome be the prosecutor coming back and adding more to the sentence?

Answer

If a defendant moves for modification or reduction by the judge, who sentenced him or her, then the judge may modify, reduce, or leave alone the sentence. That judge may not increase the sentence.

However, if the defendant petitions for review by a three judge panel, then that panel may reduce, leave alone, or increase the sentence to the maximum allowed by law.

What are the release dates for Faith Healer - 2010?

What are the release dates for Faith Healer - 2010?
Faith Healer - 2010 was released on:

USA: 6 April 2010 (Geneva Film Festival)

if you are in a hospital bed and just got out of surgery can you be fired from a job you only worked for 2 months

Question

if you are in a hospital bed and just got out of surgery can you be fired from a job you only worked for 2 months

Answer

Yes you "can", but since you have given so little information to work with, that doesn't mean that the firing was right. See an attorney who can ask you the questions needed to get the information that could help determine whether the firing was right.

a california judge told me I could not go back to work as a bar manager after an arrest for drug charges. can they take away my livliehood? ...

Question

a california judge told me I could not go back to work as a bar manager after an arrest for drug charges. can they take away my livliehood? I had 5+ years clean, I relapsed for 2 months and allowed my new BF to move in to my home. He was a dealer, my home was raided while I was away and when I returned I was arrested for 3 conspiracy counts and 3 posession for sales charges. I had .2 grams (a line) of meth and a straw in my posession. I was also on informal probation for a dui 2 yeas prior. My co-defendent has taken responsibility for all his drugs and my lawyer tells me I will get a drug program (prop 36) and probation. However, we have not been sentenced yet. It is still on-going and I am close to losing my home because I cannot afford my $1100 rent, not to mention my bills piling up. Shouldn't it be up to my boss to fire me or not? I have been a bartender for 21 yeas and at my current job for 7 years.

Answer

You left out the crucial information: when and under what circumstances did the judge "tell" you this? Was that a term of probation or parole? Part of a plea agreement?

Are Matt Hardy and Jeff Hardy twins?

Are Matt Hardy and Jeff Hardy twins?
No they are not twins Matt was born on September 23, 1974 and Jeff was born August 31, 1977.

I just found out that divorce from my 1st mariage was never entered in the courts making me still married. I remarried 11 years ago. Because...

Question

I just found out that divorce from my 1st mariage was never entered in the courts making me still married. I remarried 11 years ago. Because I was never legally divorced does that mean my 2nd marraige noll and void?

Answer

You cannot marry while married, so your 2nd marriage never, technically, took place.

We can certainly help you consider and then pursue your options for both.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Alicia or my paralegal Jennifer to schedule your free 1/2 hour consultation.

/s/ Rich J. Peters

R.J. Peters & Assoc., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com

What are some causes for burn out of wiring harness?

What are some causes for burn out of wiring harness?
Some vehicles may have load drawing solenoids that become defective causing overload on the current carrying wire causing it to over heat and burn. Another cause is bad connections on terminals. Some wires carry heavy loads of current, therefore, causing a hot spot at that bad connection causing the wire to over heat and burn. Still other causes could be bad alternators, heater blower motors, radiator cooling fans, etc... All these are load drawing components and should be looked after.

I am in Indiana. I have a list of customers that were emailed to me when I worked for a company. I still have those emails with customer nam...

Question

I am in Indiana. I have a list of customers that were emailed to me when I worked for a company. I still have those emails with customer name, address and emails. I have since opened my own business in the same field. Can I email and mail brochers to those customers legally. Advising them that I have started my own business and that Im cheaper?

Answer

That will all depend on the terms and conditions of your departure from your former company as well as your contract of employment and what it might contain pertaining to non-competition.

Why would a Plaintiff in a civil suit request Defendant's federal income tax information.

Question

Why would a Plaintiff in a civil suit request Defendant's federal income tax information.

Answer

There could be many reasons, but first and foremost, very likely to get

an idea as to what assets the defendnat may have available that

might be attached as a result of plaintiff's civil lawsuit if s/he is sucessful in

prevailing in the matter.

What word is near good at the meaning?

What word is near good at the meaning?
Like...a synonym? Main Entry:goodPart of Speech:adjectiveDefinition:pleasant, fineSynonyms:acceptable, ace*, admirable, agreeable, bad,boss*, bully, capital, choice, commendable,congenial, crack*, deluxe, excellent, exceptional,favorable, first-class, first-rate, gnarly,gratifying, great, honorable, marvelous, neat*,nice, pleasing, positive, precious, prime, rad,recherch, reputable, satisfactory, satisfying,select, shipshape, sound, spanking, splendid,sterling, stupendous, super, super-eminent,super-excellent, superb, superior, tip-top, up tosnuff, valuable, welcome, wonderful, worthyNotes:using good as an adverb in place of well ("shedances real good," "he did good") is nonstandardusage - so, it would be best to say "she dancesvery well," "he did well"
well is an adverb to describe an activity; good is an adjective to describe a condition or stateAntonyms:bad, detestable, disagreeable, unpleasant* = informal/non-formal usage
Main Entry:goodPart of Speech:adjectiveDefinition:moral, virtuousSynonyms:admirable, blameless, charitable, dutiful,estimable, ethical, exemplary, guiltless, honest,honorable, incorrupt, inculpable, innocent,irreprehensible, irreproachable, lily-white,obedient, praiseworthy, pure, reputable,respectable, right, righteous, sound, tractable,uncorrupted, untainted, upright, well-behaved,worthyAntonyms:evil, immoral, noxious, sinful, unvirtuous, vile,Main Entry:goodPart of Speech:adjectiveDefinition:competent, skilledSynonyms:able, accomplished, adept, adroit, au fait,capable, clever, dexterous, efficient, expert,first-rate, proficient, proper, qualified, reliable,satisfactory, serviceable, skillful, suitable, suited,talented, thorough, trustworthy, usefulAntonyms:incompetent, unskilled, unsuitableMain Entry:goodPart of Speech:adjectiveDefinition:useful, adequateSynonyms:acceptable, advantageous, all right, ample,appropriate, approving, apt, auspicious,becoming, benefic, beneficial, benignant, brave,commendatory, commending, common,conformable, congruous, convenient, decent,desirable, favorable, favoring, fit, fitting, fruitful,healthful, healthy, helpful, hygienic, meet,needed, opportune, profitable, proper, propitious,respectable, right, salubrious, salutary,satisfying, seemly, serviceable, suitable,tolerable, toward, unobjectionable, wholesomeAntonyms:inadequate, rotten, unsuitable...

Can a 17 year old with a suspended license from violating a differed disposition of mip and mic, suspended for 6 months, get an alternative ...

Question

Can a 17 year old with a suspended license from violating a differed disposition of mip and mic, suspended for 6 months, get an alternative work license / schooling license or is it completely the judges discretion?

Answer

Unlikely this person would get a work license given that the person messed up with the deferred. Talk to your lawyer about this particular judge's feelings.

What are the child support guidelines for shared custody in Kentucky. I have found worksheets from other states online in regards a shared c...

Question

What are the child support guidelines for shared custody in Kentucky. I have found worksheets from other states online in regards a shared custody.

Answer

There are no rules for shared custody of a child for purposes of calculating child support in Kentucky. The courts have discretion on how to calculate support in this situation. Generally the guidelines are a starting point and some cases have said judges are free to deviate from those guidelines by taking the difference between support owed by each parent to the other, however, the courts do not have to do this and can simply follow the guidelines, or may go by some other standard as long as it is reasonable.

Tcm remenbers whohave dead in 2009 in the enterment field?

Tcm remenbers whohave dead in 2009 in the enterment field?
connie hines carol post on mr. ed Henry Gibson dom deliuse

What are those chocolate things she eats in how to deal?

What are those chocolate things she eats in how to deal?
They are chocolate pears filled with liqueur.

How do you play Shooting Star Dragon without Formula Synchron?

How do you play Shooting Star Dragon without Formula Synchron?
You could so something convoluted - like summon Armory Arm, use Lightwave Tuning on it, then equip it with Demotion, making it a Lv2 Synchro Tuner (it only has to be Lv4 to be a legal target for Lightwave Tuning, it doesn't matter if the level changes after).

Or you could just wait for Formula Synchron to come out.

What are the release dates for Decision Makers - 2005 - 2011-08-07?

What are the release dates for Decision Makers - 2005 - 2011-08-07?
Decision Makers - 2005 - 2011-08-07 was released on:

USA: 7 August 2011

Which magazine shared its name with a Madona song?

Which magazine shared its name with a Madona song?
this is easy!! the song is "Vogue"

As a 21 year old US citizen, can I get married while claiming my parents? The man im marrying is also a U.S citizen. I just want to know if ...

Question

As a 21 year old US citizen, can I get married while claiming my parents? The man im marrying is also a U.S citizen. I just want to know if its possible orwill it interrupt the process?

Answer

Marrying your American boyfriend is not the issue. It is about the Affidavit of Financial Support.

If you and your boyfriend make enough to meet the income or assets requirements, or if your parents have sufficient means to prove they can support themselves, the application should go through without the problem Look at Form I-864 and its instructions for more details.

What is the difference between horsepower and cc speed?

What is the difference between horsepower and cc speed?
there isnt a direct measurment, i have a 2.5hp 23cc as well as a60cc 2.75hp. its relevvent to rpm and other factors

What car has eyes?

What car has eyes?
Herbie the love bug

My father recently passed away in Las Vegas, Nevada. He was married to a very uncooperative woman, so I have no way of knowing if my father ...

Question

My father recently passed away in Las Vegas, Nevada. He was married to a very uncooperative woman, so I have no way of knowing if my father had a will, life insurance, etc. I also believe he had taken out a policy on me when I was a child. Is there any way to find out if any of the above documents even exist without her cooperation? Thank you.

Answer

Legally, if there is a will in the wife's possession she must file it with the Clark County court. However, wills are usually not filed unless someone needs to file the will to begin a probate proceeding. Often there is no need to do a probate since all of the property that has a title or a name (cars, bank accounts, real estate, etc.) may be in some form of joint ownership that avoids probate. There is no criminal penalty for failing to file the will.

If the wife starts a probate proceeding you are legally required to be given notice.

If the wife does not start a probate you can start a probate, but the downside of this is that as you have described the circumstances it is not clear if there is any money in the estate you will need to pay an attorney up front to start a probate proceeding that may or may not result in any money.

If your father took out a policy "on you" then he would be the beneficiary if you died.

What are the release dates for The Best of Enemies - 1915?

What are the release dates for The Best of Enemies - 1915?
The Best of Enemies - 1915 was released on:

USA: 5 December 1915

I filed a notice of intent to sue in the illinois court of claims 2 months late. I had filed the causes of action against the defendands in ...

Question

I filed a notice of intent to sue in the illinois court of claims 2 months late. I had filed the causes of action against the defendands in the notice of intent to sue 6 months before the dead line of the intent to sue in the court of claims via a complaint in the circuit court. Opposing council was the states attorney. Is there any way I can toll the date, because I am pro se and did not know some of the defendants belonged in the court of claims?

Answer

The fact that you are pro se will not toll the statute.

I had a "body scan" performed on me about a month ago. This basically takes a snap shot of my bodily functions including the heart. I was gi...

Question

I had a "body scan" performed on me about a month ago. This basically takes a snap shot of my bodily functions including the heart. I was given a clean bill of health and the probability of me having a flow obstructing disease and/or cardiac risk has been determined to be low.

About 1-1/2 months later, I had a heart attack with 2 of my left arteries 96% blocked and the main artery 30% blocked. I don't think the calcified plaque formed in my heart's arteries in a month's time.

I wanted to know what my legal rights are as far as probably suing this company for giving me false hope to which I put my life on the line, thinking I was ok but I'm not.

This is a company benefit to which they are paid about $800+ dollars per session/couple.

What can I do at my end? Please help.

Answer

Ask for the copy of all the records from them, including actual images of your scans and any paperwork they generated. Then get your records from the facility which treated your heart attack and contact a lawyer.

Does josh hucherson have ny siblings and if so who?

Does josh hucherson have ny siblings and if so who?
yes, josh hutcherson is the youngest of 11 children. he is the only boy

If someone sent me a text telling me to cease and desist all contact and I followed it,but now a year later I want to contact her,can I get ...

Question

If someone sent me a text telling me to cease and desist all contact and I followed it,but now a year later I want to contact her,can I get into trouble?

Answer

Unless the is a court order prohibiting you from contacting her it is probably not illegal. It does not, however, sound like a very good idea if she went through the trouble of sending you a cease and desist letter. If you do contact her you may find yourself in court responding to a application for a retraining order. You may be better off just moving ahead with your life without her.

My divorce lawyer sent my petition to my spouse. My spouse didn't like the wording about the primary guardian being me and wanted it to stat...

Question

My divorce lawyer sent my petition to my spouse. My spouse didn't like the wording about the primary guardian being me and wanted it to state joint custody. I ask my lawyer to re-word it, but the lawyer say it was to late because the petition had be file with court. I want to know if that a true statment or could the petition be modifiy...

Answer

It is unclear what type of document you are talking about. If it is a pleading or motion, an amended document can be filed. Of course you will be responsible for any additional cost incurred, including the attorneys fees for drafting the amended document. If it is a court order or judgment that has been signed, then it can not be easily changed. It requires the consent of the other side and the judge.

Does Tails love Cream?

Does Tails love Cream?
No.

My Daugher was in an accident. At falt. She is 24, her car is in her name, the coverage is on my wife and I's policy. She lives at home, the...

Question

My Daugher was in an accident. At falt. She is 24, her car is in her name, the coverage is on my wife and I's policy. She lives at home, the people in the other car are claiming bodily injurys. We have good coverage. We know our Daugher is open for a law suit, but can my Wife and I have a law suit filed against us also?

Answer

no

Answer

If you have joint coverage, then your insurance should be covering any incidents that she had. Make sure you make it clear to the insurance company that you want them to resolve the matter within the coverage limits that you have. For the future you may want to consider having her insurance separate from yours and perhaps add your wife and yourself as authorized drivers on her policy and her on yours.

Answer

There is no basis for a suit against you or your wife.

How has the car impacted society in a negative way?

How has the car impacted society in a negative way?
Because gas for the car is sometimes hard to pay

i am pregent 12 weeks i am not with the father and he keeps telling me hes going to fight for custody what do i need to know to stop him fro...

Question

i am pregent 12 weeks i am not with the father and he keeps telling me hes going to fight for custody what do i need to know to stop him from getting custody?

Answer

Wait until the end of your sixth month of pregnancy before confering with counsel. It simply is to premature right now.

If he wants to fight for custody, he will have to pursue it in the Courts. Once you get served with the paperwork, assuming he ever files it, you would have 20 days to respond.

The above information is provided without any consideration/payment having been received, and without full knowledge of all of the facts.

An internet inquiry is no substitution for an in-office consultation with an attorney.

If your situation falls within the Greater Tampa Bay area, when you are a little further along in your pregnancy, I would be happy to schedule you for a no obligation half hour office consultation. The main office is in Dunedin, with a satellite location in Tampa.

Feel free to Google me.

Good Luck, Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

1587 Main St., Ste. C

Dunedin, FL 34698

Tele. No.: 727/455-6596

Law Offices of Elliot Jay Goldstein, P.A.

550 N. Reo St. Ste. 300

Tampa, FL 33609

Tele. No.: 813/810-1500

I have a writ of garnishment against me in Texas,they have garnished my bank account. My question is can they go after me tax refund.

Question

I have a writ of garnishment against me in Texas,they have garnished my bank account. My question is can they go after me tax refund.

Answer

A creditor can get to non-exempt property. In Texas, the tax refund is non-exempt. I am unsure how they would get it directly from the IRS but if you put it in your bank account, you may have a problem. I recommend you talk to a bankruptcy attorney. Sometimes, they can get these writs lifted.

Best of Luck

Greg Wiley

Answer

Texas Lawyers We are building a comprehensive link exchange program with other sites. Many of the lawyers on our links page will offer you a free in person cosultation.

Whatiside is the drivers side called?

Whatiside is the drivers side called?
Its the side where the driver sits typically on the left in the u.s. or on the right in europe...

I've already asked the question about what California Law was pertaining to the required number of members the Board of Directors can be and...

Question

I've already asked the question about what California Law was pertaining to the

required number of members the Board of Directors can be and received two

satisfying answers. This leads me to seek an answer to another issue a fellow

board member posed: "Based on Sections 5151 and 5034, it appears a BOD cannot

amend the by-laws to change the fixed number of directors (meaning increase or

decrease the fixed number). Under Section 5034, the only way the number of

directors can be changed is through a vote of the members which would be the

players' families from what I can discern. Although not present here, there is

a rationale for this - the law doesn't want Boards changing the number of

directors to suppress an opposing view or to engage in any other shenanigans."

Keep in mind, we are a non profit 501.3(c) youth soccer organization and I am

unsure if when referring to "members" they are our families or just the actual

Board of Director members.

Answer

Actually based on the information about the "no members" clause in your corporate paperwork, the board CAN change the number of directors, because you have no other "members." The families are NOT members.

Answer

Members means the officially recognized people who are part of the organization. Since child can not be held to a contract, I assume that the actual "member" is their parents. Your articles of incorporation should define what a "member" is and how many votes each has. Clearly it is not limited to the BOD only because a Board member may not actually be a member of the voting population [if your board includes a manager or coach] and the section would have no meaning if it was limited to Board members.

My name is lance. I was recently ordered to pay child support on my one year old daughter. This all started 3 or 4 months ago. I was ordered...

Question

My name is lance. I was recently ordered to pay child support on my one year old daughter. This all started 3 or 4 months ago. I was ordered to pay 550 a month by an attorney was appointed to my daughters mother by the family support division. I received a certified letter by mail that had the amount I was to pay. I had 30a days to contact the attorney before anything took place. I called the attorney and never received a call back. There was no court date set. After the 30 days they started to garnish my wages at work. I was wondering if this is even legal to do

Answer

It sounds to me like you should consult with an attorney. In all likelihood, you were ordered to pay child support by the Family support division. You had thirty days to request an administrative hearing, but apparently failed to do so. Or, it is possible that an attorney filed a suit against you and obtained a Judgment against you after you did not respond in court within thirty days. Either way, there maybe something that an attorney can do to help you. I handle these cases, and you may contact me if you do not already have an attorney.

Two bodies are you but both joined in one the stiller you are the faster you run?

Two bodies are you but both joined in one the stiller you are the faster you run?
An hourglass.An hourglass.

Hi. On 6/2/2009, I purchased a 40" Samsung LN40B610 1080p LCD HDTV at SamsClub.com. I specifically bought this TV at Sam's Club because of t...

Dear Sir or Ma'am:I am a resident in Alameda County in California. My ex an I have agreed on a visitation and custody arrangement that best ...

Question

Dear Sir or Ma'am:

I am a resident in Alameda County in California. My ex an I have agreed on a visitation and custody arrangement that best suits our child needs and our abilities as well as agreed to split the finances of the childs expenses but I want our agreement filed as an order down at the courthouse just to cover my back should things go bad down the line. Can we do this without going to the mediator they usually assign couples to go to who dont communicate as well as us an if so what form do we file our agreement on? Thanks in advance for your help.

Chyanne

Answer

You can attach your written and notarized agreement to form FL-355, Stipulation and Order for Custody and/or Visitation of Children. For support, you would use form FL-350. Be aware that if you are receiving public assistance, the Department of Child Support Services will have to sign form FL-350 as well.

You may obtain the Judicial Council forms at the link below.

http://www.courts.ca.gov/formsrules.htm

What kind of travel is worse for the environment?

What kind of travel is worse for the environment?
plane

If I marry in court (common law marriage) in a state where it is recognized, but start living with my spouse as actual husband and wife in a...

Question

If I marry in court (common law marriage) in a state where it is recognized, but start living with my spouse as actual husband and wife in a state where this kind of marriage is not recognized, will it be valid or invalid within that state?

Answer

If you filled out a form (cert to recognize common law marriage) then you are legally married in Texas like any other couple.

If you move away from Texas, you are as married as anyone else. You have a valid TX marriage. If you want to be divorced, you would have to go through a divorce in the State of Texas in order to end your legal relationship.

If you are worried, you can ask an attorney in your "new" state. Check out on this website or on www.avvo.com

What is a valid CR2A? My ex and I exchanged emails and modified child support, but never signed. I subsequently lost employment and defaulte...

Question

What is a valid CR2A? My ex and I exchanged emails and modified child support, but never signed. I subsequently lost employment and defaulted. She argues the emails are a valid CR2A, and the commisioner seems to support that!

Answer

As you can see from CR 2A states:

No agreement or consent between parties or attorneys in respect to the proceedings in a cause, the purport of which is disputed, will be regarded by the court unless the same shall have been made and assented to in open court on the record, or entered in the minutes, or unless the evidence thereof shall be in writing and subscribed by the attorneys denying the same.

So the question is: was it (1) made and assented to in open court on the record or (2) entered in the [court] minutes, or (3) in writing AND signed by your attorney [or, probably, by you]. It looks to me like the signature is critical (and you could also argue that the must be an attorney signature and not just the party).

Nevertheless, GR 30 has specific requirements for electronic signatures and I doubt if your email meets that requirement. If you are within 10 days of the commissioner's ruling, file a motion for reconsideration. This is an issue you should win unless you made an electronic signature that complies with the rule.

I recently purchased a motorcycle that i later found out had been defaulted on a little over two years ago. The bike was never found though ...

Question

I recently purchased a motorcycle that i later found out had been defaulted on a little over two years ago. The bike was never found though it was up for reposession. The original owner then sold the motorcycle. From that point i purchased the motorcycle. I would like to have the motorcycle tagged and insured in my name but am uncertain as to whether i am in posession of stolen property or if the loan company simply had insurance pay them off and is no longer searching for it. I did not find out about any of this until a little bit after purchasing the bike. The payment for the bike was a trade if that makes any difference.

Answer

I think it depends on whether there was a lien recorded on the title. If not, then I think your trade would make you a bona fide buyer. However, if there was a recorded lien and you just didn't check, I think the bank would still have a claim to the bike.

yes my attorney setteled my workers comp case,he said i would recive a lump sum for pt and tpd and some in payments until the medicare set a...

Question

yes my attorney setteled my workers comp case,he said i would recive a lump sum for pt and tpd and some in payments until the medicare set aside came in and then i would recive the total lump sum from the payments and the medical,so i sinded the settelment know he said no lump sum and liberty mutual would be in control of my medical until it runs out,not at all what we talked about,dont know if he lied or ehat and he moved to texas and was really rude on the phone.i been threw so much me and my family and now this.what can i do about this sisuation?thank you for your addvice and if you can help maybe we can work this out....randall

Answer

Get your attorney to sign a substitution of attorney form so that you will represent yourself, as Liberty Mutual may refuse to deal with you as long as he is attorney of record. Obtain a copy of the paperwork you signed and see if it is a complete settlement of all of your benefit rights or not. If it is not, you may be able to get out of it on the argument that your attorney mislead you into believing that it was a full compromise and release.

You should be able to select your own treating Dr as it is more than 30 days post accident; contact Liberty Mutual to see what their understanding of the status of the case is. Find out how much and why the attorney got in attorney fees, as he may have mislead the WC judge too. If you do not understand the more recent paperwork, send it to me and will review it for free [best if can scan and e-mail to [email protected]/* */]. 510-441-2684

Can debt collection companies come after my new husband if all my debt occurred before we were married? and if I file for bankruptcy would i...

Question

Can debt collection companies come after my new husband if all my debt occurred before we were married? and if I file for bankruptcy would it affect him at all?

Answer

Your new husband is not responsible for your debt. You can file for bankruptcy without it affecting him.

You may call for a free consultation.

You were on the family feud How do you get a copy of the show?

You were on the family feud How do you get a copy of the show?
Some ideas in order if they dont work move on to the next:1. If you were on the show, try asking for a free copy of the episode.2. Try asking which season the episode you where in is on and buy it.3. Ask when they might air the and record it off tv.

I got a drunk in public a while back, however, I don't feel I actually broke any laws. I was vomiting near a dumpster away from the public. ...

will vs quit deedif there is a will left, then who haspriority the will or quit claim deed

Question

will vs quit deed

if there is a will left, then who has

priority the will or quit claim deed

Answer

Re: will vs quit deed

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A Quit Claim Deed takes precedent over the Last Will and Testament because it takes the property out of the estate and is not part of it.

Unfortunately, it is often not the best way to transfer property from one relative to another.

By transferring the property now, you have lost the right for a stepped up basis on the property at the time of the decedent's demise. Your basis will be the amount the grantor originally paid for the house and not the value on the date of his/her death which it otherwise would have been if transferred through probate.

Capital gains taxes on its eventual sale are based on the difference between the purchase price (basis) and the net selling price after various allowable deductions for improvements and costs of the sale.

Scott R. Jay, Esq.

Dissolved corporation owns real estate.We own a building under corporation A. We own the parking lot used by this building under corporation...

Question

Dissolved corporation owns real estate.

We own a building under corporation A. We own the parking lot used by this building under corporation B. Both are C-corporations and all taxes are up to date for both properties.

However, corporation B which owns the parking lot has been "involuntarily dissolved" since 98'. This is because we stopped filing tax returns or really maintaining that corporation since it was just a way to not have the property publicly in any one person's name. It should also be noted that corporation B has never had any income whatsoever and is owned 100% by one person.

What would be the best route to get things back on the straight and narrow?

Reinstate the corporation? Transfer the land to a new corporation owned by the same individual (not sure if this is possible since its dissolution, even if owned 100% by one person)?

I understand I'll need a lawyer for this in the end, but would like to do some preliminary research.

Answer

My office would be more than happy to assist you. You will likely need to file all past-year dues, plus a fee for reinstatement of the corporation. The corporation will need to be revived in order for it to deal with the real estate, including to sell, refinance, evict, etc. My guess is that the defunct corporation may not be able to sell until it is revived.

What is tap shift steering?

What is tap shift steering?
TAPshift is when you don't have a clutch, and you have paddles (usually on your steering wheel) that allow you to manually change your gear to be able to do things such as redline and maximize your performance. You are still able to drive it like a normal automatic in 'D' mode, but you have the extra package available on the side.

my fathers will went to probate court 3 months ago, when will i receive a copy of his will?

Question

my fathers will went to probate court 3 months ago, when will i receive a copy of his will?

Answer

You should have already received it. If not, you can go to the courthouse and request a copy of it. It will cost a few dollars for the copy fee. The will is public record once it's filed for probate.

For more information, please visit our website:

http://leonlaw.com

Also, please read our disclaimer:

http://leonlaw.com/disclaimer/

I am running a brand new LLC in Florida. We are hiring agents as subcontractors, who will be paid commission only and given 1099 forms for t...

Question

I am running a brand new LLC in Florida. We are hiring agents as subcontractors, who will be paid commission only and given 1099 forms for tax time. Do these agents need to fill out I-9 forms still? Thanks!

Answer

Independent contractors do not need I-9. They do need to fill out a W-9 each year. Be careful. Just because you are calling them independent contractors and paying on a commission basis does not mean that the IRS or state (for workers' compensation and unemployment purposes) cannot retroactively re-classify them as employees.

Who plays TIm and Moby in BrainPOP?

Who plays TIm and Moby in BrainPOP?
Brad Pit and Brett Favre

the person who wrote this lied to you

Do i need an attorney to make my last will and testimony legal and binding.?

Question

Do i need an attorney to make my last will and testimony legal and binding.?

Answer

There are two main criteria to making your Will binding and effective; they are that it is written accurately and executed(signed and witnessed) correctly. There is no drapery requirement that e either be fine or supervised by Assn attorney. However, there are criteria to the drafting and executing, that a lay person would not likely be aware of. Therefore, I suggest that you use an attorney to already assist you with the wording of your still, and overseeing its recursion.

My CA LLC is planning to convert to a DE C Corporation. Other than the DE Articles of Incorporation and Certificate of Conversion, do I need...

Question

My CA LLC is planning to convert to a DE C Corporation. Other than the DE Articles of Incorporation and Certificate of Conversion, do I need any other documentation? Do I need a some sort of conversation agreement or memorandum that shows the conversion of the membership units of the LLC to shares of the new corporation. Thanks.

Answer

You should repost this question in the Delaware category, for Delaware attorneys to answer.

Answer

Delaware law will largely govern, but be sure to let the California Secretary of State know that the California LLC has been converted. Use Form CONV-1A. Filing fee is $30.

Answer

Well, I am assuming that you are (1) forming the Delaware Corporation for some solid reason and (2) you will still continue to "do business" in California and that (3) you will be dissolving the California LLC...to what perceived benefit. Even though you can certainly dissolve the California LLC and form a Delaware Corporation, the real question is "why" you would be considering this strategy. I would need more facts to offer an articluate answer.

If you would like a FREE memorandum and the advantages and disadvantages of various legal entities, just send us an email.

By Grace...

Shawn Jackson ESQ. (707) 584-4529

Business Development Attorney EMAIL: [email protected]/* */

www.CaliforniaBusinessDevelopmentAttorneys.com

www.CaliforniaBusinessDevelopmentCenter.com

www.CaliforniaBusinessDevelopmentPlans.com

No communication resulting herein shall create an attorney-client relationship unless a separate retainer agreement is signed by attorney and client. The information provided is not legal advice nor is it conveyed in the course of an attorney-client relationship, but is intended merely as a general overview with regard to the subject matter covered. You should not act upon this information without seeking professional counsel such as any attorney in this office in a subsequent email communication (agreement) and the formation of an attorney client relationship.

What country makes the most automobiles each year?

What country makes the most automobiles each year?
It's Japan since they have more effective and efficient method of producing vehicles and since they're considered the most reliable vehicle they have to produce enough to keep up with demand.

Hypothetical situation for a script: Person A gives free advice to anonymous people online on how to commit suicide. What could they be char...

Question

Hypothetical situation for a script: Person A gives free advice to anonymous people online on how to commit suicide. What could they be charged with? I'm looking for the harshest charges with maximum jail time.

Answer

In California, Penal Code section 401:

Every person who deliberately aids, or advises, or encourages another to commit suicide is guilty of a felony.

A felony carries up to 3 years in custody.

I rent an apartment. The sink was stopped up and I asked for it to be fixed. I gave the authorization to fix it while I was at work. When I ...

We want to get power of attorney for my wifes mother margaret 72,so that we can put her in assisted living facility. Margaret is in hospital...

Question

We want to get power of attorney for my wifes mother margaret 72,so that we can put her in assisted living facility. Margaret is in hospital where doctor without are consent,forced her to take comptence test psychologcal.hospital declared margaret medically incompetent. What options do we have.

Answer

Unfortunately, once anyone has become legally incompetent, it is improper for them to sign any important legal documents such as a power of attorney. Instead, this needs to be done while they still possess a certain level of their mental faculties. You should immediately consult with an experienced estate planning attorney in order to determine if this is still possible. Otherwise, there is no way to take charge of the affairs of the incompetent other than a formal guardianship through the probate court. You attorney can likewise assist you with this process, but it is far more cumbersome and expensive than the power of attorney would have been, since the Probate Court is required to formally approve every decision. Serious estate planning is often no longer possible or practical at that point. Please do not assume that I am your attorney because of my response here. Call my office in Racine (262-633-3090 or email [email protected]/* */) for clarifications or to make arrangements to retain me. Otherwise, I will not be taking any action on your case. See me on the web at www.jayknixonlaw.com. View over fifteen years of my past answers at http://www./answers/search/attorney/jknixon. Answers may contain attorney advertising materials.

i had a dna done and hes my son, the court now that i got him one week and she gots him one week, but i moved to a selter for a few month an...

Question

i had a dna done and hes my son, the court now that i got him one week and she gots him one week, but i moved to a selter for a few month and im back on my feet, she hiding my son from me, i have texts showing she not going to let me get him. if i tell her im coming up there to get him she says dont bother bc he will not be there, i can see him, i cant go get him, i havent seen him since mar 2013. the more i try to get close to my son and be in his life she poushs harder, the cops say it has to go back to court, i dont see why, under one of the missouri laws i should be able to have her arrested for parental kidnapping. i dont understand this law. whats a father to do.

Answer

Consider filing a Motion for Contempt or a Family Access Motion. You will be better off if you hire an attorney. If your case is within any of the jurisdictions where I practice regularly, I might be able to help you. I have been handling such cases for the last thirty-five years. You may contact me directly for a free telephone consultation.

My company terminated me while I was placed on a short term disability leave by my primary care physician. I was told that I didn't qualify ...

Did Susan hayward hayward have a sister?

Did Susan hayward hayward have a sister?
Susan Hayward (born Edythe Marrener) had an older sister named Florence, and a brother named Walter.

Which cars are Japanese?

Which cars are Japanese?
If it was manufactured in japan it is a japanese car! _

Japan is the world's second-third now and first at 1980-1993, 2006-2008 largest automobile manufacturer and exporter, and has six of the world's ten largest automobile manufacturers. In addition to its massive automobile industry, Japan also is the home to manufacturers of other types of vehicles, like powersports vehicle manufacturers Kawasaki and Yamaha, and heavy equipment manufacturers Kubota, Komatsu, and Hitachi. It is home to some of the world's largest automotive companies such as Toyota, Honda, Nissan, Suzuki, Mitsubishi, Yamaha, Mazda, and Subaru.

Why did they take away the old nick jr website?

Why did they take away the old nick jr website?
Theres more new things they had to add to the website so they had to get more room and organize it

Why is camelot famous?

Why is camelot famous?
He is famous because he wrote many lovely poems that most rich people bought.

Where do you find vin on a 1979 avco motorhome?

Where do you find vin on a 1979 avco motorhome?
Kijiji

I just recently quit my job due to the working conditions. My boss was very mean to me and was a bully. She poked me several times with a sh...

Question

I just recently quit my job due to the working conditions. My boss was very mean to me and was a bully. She poked me several times with a sharp instrument and spread untrue things about me around the dental office. She yelled at me yesterday and told me that she would shoot me over her patients because that's how much she loves them. She told me that I could die today or tomorrow and she wouldn't care. I quit yesterday and she is still currently abusing another associate that still works there. I don't know what to do. She is very intimidating and I am afraid of her.

Answer

Learn what makes a bad employer and move on to your next job quickly. You will not likely get unemployment.

I have built an alien landing site in my living room pumped Meryl Streep's stomach and shared an apartment with Marsha Mason Who am I?

I have built an alien landing site in my living room pumped Meryl Streep's stomach and shared an apartment with Marsha Mason Who am I?
Richard Dreyfuss

When a court sentences a defendant to incarceration as well as fines, how is that money collected if the defendant is in prison?

Question

When a court sentences a defendant to incarceration as well as fines, how is that money collected if the defendant is in prison?

Answer

He will pay it while on parole if so ordered if the court does not run the fine concurrently with the sentence.

Canon in Egyptian art?

Canon in Egyptian art?
Proportion of Egyptian Art such as

profile view, hierarchical scale, and register lines

How do you have an awesome party?

How do you have an awesome party?
I will order a gigantic cake and invite people until it's squeazy in my house.

We went to court for child support the father was ordered to pay 330 a month, and it was supposed to come out of his pay from work to dispur...

Question

We went to court for child support the father was ordered to pay 330 a month, and it was supposed to come out of his pay from work to dispursement office. His lawyer wont turn in paper work and he has not sent money to dispursement office. What do we do to get the child support.

Answer

The custom is that YOUR supposed to send the 1) Order and 2) Notice of Witholding to his employer. The employer will generally reply within 2 pay periods, or less (Because if they ignore it, it's $100 a day against them). Send a courtesy copy of what you mailed, to include cover letter, to opposing counsel. A certificate of service that you did this, filed with the court, doesn't hurt either.

What states have no property traxes on cars?

What states have no property traxes on cars?
Cars are not subject to property tax. All states charge registration fees.

In texas does a land inheritance become marital propety

Question

In texas does a land inheritance become marital propety

Answer

Normally not if you kept it separate. If you used community funds to improve it or pay taxes then reimbursement comes into play. If refinanced it and put his name on it, then it could be community property. As you can see, it can be complicated. Talk to an attorney.

What are some five passenger vehicles with four wheel drive and good gas mileage?

What are some five passenger vehicles with four wheel drive and good gas mileage?
Ford Escape Hybrid

Dad stopped paying the full amount of child support nearly a year ago, and stopped paying all together about three months ago. How long unti...

Question

Dad stopped paying the full amount of child support nearly a year ago, and stopped paying all together about three months ago. How long until I have grounds to just terminate his rights for non-payment of support? My current husband wants to adopt, and my son says that step-dad is a better father figure and wants to be adopted. We are in TX.

Answer

It's 12 months with no payment at all.

FOLLOW UP QUESTIONThank you so much for the below answer. I just wanted to give you some addditional facts to see if that changes your impre...

Question

FOLLOW UP QUESTION

Thank you so much for the below answer. I just wanted to give you some addditional facts to see if that changes your impression of the situation:

The California Vacant Land Purchase Agreement has a 17 Day "Buyer Investigation" period that allows buyers to cancel the agreement for "any reason" at all during that period. The contract states that any initial deposit sent to Escrow shall be returned to the buyer if the contract is cancelled within the 17 days, regardless of the reason. We cancelled the contract 3 business days after the acceptance of the contract by both parties - well within the 17 day Buyer Investigation period. Per the terms of the contract, we were NOT actually required to send in the initial deposit to Escrow until 3 BUSINESS DAYS after the acceptance date - this is clearly stated on Page 1 of the contract. Because we CANCELLED the contract BEFORE the "contractual deadline" for sending in the initial deposit, we could not possibly have breached the contract for this reason. We cancelled the contract BEFORE we would have been in breach. We would only have breached the contract if we had NOT sent the initial deposit in by the 3 business day DEADLINE, and then cancelled the contract AFTER that deadline.

Our issue here isn't whether or not we breached the contract - we've had various real estate agents confirm that we cancelled the contract within the right time frame and did absolutely nothing to breach the terms of the contract. What we would like to know is, from a "legal" perspective, why would the Seller be refusing to sign the cancellation form and what could he possibly take us to court for?

Thanks again!

__________________________________

RESPONSE TO BELOW QUESTION

I assume you mean that you cancelled before he signed the agreement to sell, but you state the opposite. The only three day period I am aware of in the standard CAR purchase Agreement is Paragraph #34, page 9, which states the offer is considered cancelled if the seller does not sign and deliver the acceptance within three days of it being made. The offer is good for three days, not that you have three day to withdraw. Once the seller accepts and returns the acceptance to you within three days, unless there is a provision to the contrary, you are stuck with the contract. With the offer, you are supposed to put up a deposit which is normally deemed forfeited if you fail to go with the purchase. That you failed to deposit that agreed to sum does not mean you are not liable for it. So if you are using the standard CAR contract, the seller has you over a barrel. He can demand you pay the deposit sum to him; he can offer to take something else that you will agree to. Since you have breached the contract, he has the option to declare that it is breached and sue you for damages for your purchase of the property, or he can declare the contract still in effect and collect the liquiated damages.

You need to see a real estate attorney to present the contract and all the facts for them to determine if you are stuck. Do not trust the title Company to know anything about the law, as they often do not.

____________________________

ORIGINAL QUESTION

I have an unusual question for you about the cancellation of a vacant land purchase agreement. The contract was mutually signed and then cancelled 3 business days later. We formally cancelled the contract by submitting CAR Form CC (contract cancellation form) to the Escrow Holder and to the Seller (who by the way is also a licensed California real estate agent). We sent the cancellation form by email with a return receipt showing it was received by both parties. Although the Seller is an agent, he went into the transaction as a private party because he wanted to save himself having to pay fees on any commission. So this land purchase was essentially a transaction between 2 private parties. Because we cancelled the contract on the 3rd business day after the contract acceptance date, we had not sent in any deposit and therefore there are no funds in dispute. The problem is that the Seller REFUSES to sign the contract cancellation form UNLESS we give him a survey we paid for which cost us $1750 and an appraisal we paid for which cost us $600. He sent us an email stating that he will not sign the cancellation form until we send these documents to him - which sounds like a thinly veiled attempt to extort us, or at the very least threaten us. Mind you, this person is a licensed California real estate agent!

How does this impact us? According to the Escrow Holder, she will keep the Escrow Account for this contract open "indefinitely" until the Seller signs and delivers the cancellation form. She also said the contract itself is still open until he signs the form. So does this mean he has some hold over us? We understand that he cannot sell his property to anyone else while he is still in the contract with us, but he doesn't seem to care. He seems to care more about trying to punish us, and trying to get us to send him documents he does not have a right to, and did not pay for. Can he at some point come back and take legal action against us as long as this contract is still open?

Also, isn't this behavior unethical? As a licensed California real estate agent, regardless of whether he was acting as one in the transaction or not, doesn't he have a fiduciary duty to follow real estate law and do the right thing? He has absolutely NO GROUNDS to refuse to sign the cancellation form. Yet that's exactly what he's doing. And worse, he is attempting to extort us by saying he refuses to do what he is "supposed" to do unless we give him something of "value" in exchange.

Can we simply walk away from this transaction since there is no money on the line and we formally cancelled within 3 business days?

Thank you!

Answer

Thank you for the additional information, but it does not change my opinion.

VLPA paragraph #19, page 6, states: "TIME PERIODS...CANCELLATION RIGHTS: ...Any cancellation under this paragraph ... must be exercised in good faith..." Buyer's remorse is not an exercise of good faith; yo can not cancel without it being a breach unless there is a valid reason. Any reason is not sufficient. If it were, then there would be no binding contract until the 17 days had passed. An agreement which provides that one party can withdraw for any reason at all is not a binding contract. Even if you had the 17 days, paragraph #34, page 9, is in conflict with your reasoning and being a specific discussion of time limits as opposed to the more general discussion of paragraph #19 which precedes it, overrules the 17 day period.

Real estate agents telling you that you are not in breach of the contract demonstrate why people involved in real estate transactions should not rely upon the real estate industry. They and title insurance agents often do not know the law. Luckily for you, the seller apparently also does not fully know the law.

I will continue later with the rest of my answer.

Answer

Further answers to later information seem to pretty well resolve the question, but I'd suggest the questioner and the attorney speak to each other directly, rather than through the forum.

I have posted 2 questions based on the below Civil Code:"CA. Civil Code 3439.09. (c) Notwithstanding any other provision of law, a cause of ...

What was on Books' gravestone?

What was on Books' gravestone?
rat poo

My five year daughter and her father suddently moved from his home a month , following after a court hearing where I am petitioning to regai...

Question

My five year daughter and her father suddently moved from his home a month , following after a court hearing where I am petitioning to regain custody of our daughter. I have no current address, and he won't answer his cell, nore does he return my calls. I'm in Southern California,his last address is a Sacrameto Ca. How do I go about serving him court papers , when I have no idea of where he or our child could be living?

Answer

The is now a police matter if he is hiding the child. Please contact your local police department to assist you on locating your child.

How many hamsters fit in a black London cab?

How many hamsters fit in a black London cab?
Exactly 27,896

Why did dr bernardo set up his own school?

Why did dr bernardo set up his own school?
Dr Bernardo set up his own school because he was influenced by a young boy called Jim Jarvis that he met on his travels, and Jim told his life story of living on the streets and becoming a orphan, which gave bernardo an idea of setting up a school.

What is a sex symbol?

What is a sex symbol?
A sex symbol is someone is is extremely attractive, has sex appeal for example celebrities get judged on who is the sexiest person.

The sexiest person (male or female) is the sex symbol, an example of a sex symbol is Marilyn Monroe, she was beautiful, attractive, had sex appeal and a nice body.

I made an appointment to see a dermatologist,when I got there he did a small cut to send out to be checked,two weeks later he told me he hav...

Question

I made an appointment to see a dermatologist,when I got there he did a small cut to send out to be checked,two weeks later he told me he have to re-cut and sent it out again.After eighteen stitches and paying for the doctor I was told that I did not see a doctor,he was a p.a.

Is this how it is done in n.ys.?------if I new he was not a doctor I would never have let him cut me like this.

Thanks Bob

Answer

You have no lawsuit.

What is ultrabreaker?

What is ultrabreaker?
a game made by Kristopher Windsor; very fun and exiting! (www.ultrabreaker.com)

My 19 year old daughter in Virginia, who left home on her own over a year ago is out of control still and I am concerned she may be a victim...

Question

My 19 year old daughter in Virginia, who left home on her own over a year ago is out of control still and I am concerned she may be a victim of Pep Spice, causing her to have outbursts, hallucinations and in a downward spiral. Can I have her placed in a treatment center for evaluation of possible depression, bi polar disorder etc without her consent? I'm not sure if I have any legal rights to get her the help she needs and am afraid I may lose her for good.

Answer

The situation you present is painful and difficult. It may be possible for you to have her involuntarily committed if her condition presents an imminent danger to her life. Contact your local General District Court for information on the commitment process.

You may also consider guardianship proceedings, for which I strongly advise you consult an attorney.

I wish you success in your efforts to restore your daughter to health.

A friend of mine paid someone to get him pain pill. The guy took off with his money. If he goes to the police, will anything happen to him i...

Question

A friend of mine paid someone to get him pain pill. The guy took off with his money. If he goes to the police, will anything happen to him if he tells the truth about getting ripped off when buying illegal drugs? $200 worth.

Answer

As I am sure you already know, paying someone to get pain pills is just as illegal as taking medication which has been prescribed for someone else. More importantly, both the person who is "ordering" the pills, as well as the person who is buying the pills for someone else is committing a crime. I do not think it would be a good idea for your friend to go to the police to file a complaint against the other person who ripped him off because your friend will be admitting to the police that he committed a crime. I am not saying that $200 is a small sum, but by telling the police he was "ipped off", he will be admitting to the police that he was buying drugs and he can be charged and prosecuted for dealing in drugs.

Best of luck,

Answer

Since buying pain pills from some one is an illegal contract neither the police or the courts will do anything to enforce that contract. Also as has pointed out you will be arrest when you report the "crime" to the police.

Ask yourself when was the last time you saw a headline like Joe Gotrocks arrested for stealing Pot Dealer's stash. Care to guess why?

John

What are the release dates for Highway Patrol - 1955 Hot Cargo 2-8?

What are the release dates for Highway Patrol - 1955 Hot Cargo 2-8?
Highway Patrol - 1955 Hot Cargo 2-8 was released on:

USA: 26 November 1956

what does suggested death allowed about a participant

Question

what does suggested death allowed about a participant

Answer

Suggested death? What?

Answer

You will need to explain yourself much more clearly. In a few sentences, give a brief background, then the issue you have. Try to use full phrases and posting your zip code may be helpful in some situations to steer you better.

What did the first humans do for entertainment?

What did the first humans do for entertainment?
well kill each other and engage in sexual activities i presume

i was driving the company vehicle and was rear ended. the state suspened my license because the company vehicle was uninsured. What can I do...

Question

i was driving the company vehicle and was rear ended. the state suspened my license because the company vehicle was uninsured. What can I do and where would I go?

Answer

You need to contract the Bureau of Motor Vehicles, Financial Responsibility Division directly and in person. If you can show that you had valid insurance personally, you can probably obtain reinstatement. If not, seek legal representation to help you.

Your child is 16 2 days after starting his last year at school can he leave then?

Your child is 16 2 days after starting his last year at school can he leave then?
Yes, your child can leave.

How did Jason alden become famous?

How did Jason alden become famous?
country music

Who is the actor in another chance vid roger sanchez?

Who is the actor in another chance vid roger sanchez?
Her name is Kelly Hutchinson.

Which way does the crankshaft movie inside the engine?

Which way does the crankshaft movie inside the engine?
Looking from the front of the motor it is turning clockwise, sitting in drivers seat it is counter-clockwise.

I am getting a divorce which will be final in January. I signed an agreement with my husband using his attorney. We had quite a few assets a...

Question

I am getting a divorce which will be final in January. I signed an agreement with my husband using his attorney. We had quite a few assets and I was under a lot of stress. I now regret signing and money has exchanged hands. Is it impossible to get a lawyer and fight this now?

Answer

It is never impossible to get a lawyer. Get one. Then show the agreement and ask these questions to that lawyer. Good luck.

I drew a picture of converse shoes in art and i need a title for it any ideas?

I drew a picture of converse shoes in art and i need a title for it any ideas?
you could do "My Converse Shoes" if you have them if you don't then you can say "Converse" or "Converse Shoes"

Suppose company A wants to create customer experience reports by a) collecting online reviews from multiple websites and b) applying text pr...

Question

Suppose company A wants to create customer experience reports by a) collecting online reviews from multiple websites and b) applying text processing algorithms on these reviews for extracting useful information . If Company A wants to sell these reports ( just info extracted by their algorithms , without including the whole content of the reviews ) , would it be a derivative work or data resell ?

Answer

Sounds more like a derivative work to me....the reviews being excerpted and edited are not mere data, they are individual creative works.

Answer

To determine whether the resulting work of company A's algorithm is a derivative work from the original and thereby constituting an infringement requires a factual analysis of the resulting output. Copyright infringement and its defenses is generally a balancing test of many factors, without a single element being determinative.

If the output to your algorithm is merely a statistical result (e.g. result showing that 80% of internet users like product X), you will likely be okay. However, if the result is composed of portions of the user's review, you might be in dangerous waters.

On top of the possible copyright issue, you should also consider violation of the Terms of Use agreement with the data source website and potential issues of privacy violation if your algorithm also retrieves user identifiable information.

My advise would be to consult with an attorney to review your situation in greater detail.

Kind regards,

Jim