Law Q&A

shoplifting

Legal Information — Thu, 03 Jul 2008 14:00:43 +0000

my friend was caught shoplifting in april. she is 17 years old still a minor. she took a little over $500 and was charged with a 3rd degree felony. her court date is in a couple of days. what will happen to her? whats the worse that can happen? thank you.

DUI - Colorado

Legal Information — Thu, 03 Jul 2008 12:35:04 +0000

Im not sure if I was arrested. I was never read my rights? I received a DUI in Colorodo, but live in NY. I received a summons to appear in court back in Colorodo in 2 months.
What happens if I dont go? and can I get my case transfered to NY?

alimony - New York State

Legal Information — Thu, 03 Jul 2008 12:34:09 +0000

My Ex-Husband has informed me he may get out of work on disability. Will I still get my alimony payments? We reside in New York State. Thanks

slip and fall/ tenants rights - yucaipa california

Legal Information — Thu, 03 Jul 2008 12:33:12 +0000

this is a two part question from yucaipa california, 1 year ago i fell on the uneven broken pavement that goes to my front door on a rental property. i broke my wrist and had surgery where they had to permanently apply screws to the bone to repair it. i haven’t filed a lawsuit yet, because at first i thought i didn’t have a case because in our rental agreement there was an “as is” clause. the broken pavement was just what i tripped on while trying to keep the bees swarming around my head from stinging me. (the bees weren’t there when we signed the “prop. as is”). i had complained about four times over the course of about three months that there was a beehive. the city told me it was the owners responsibility to get rid of it. the last complaint was after being stung in the face, on my left eye, i even sent a picture of my face. i had a very bad reaction to the sting. still nothing was done. i had never been afraid of bees prior to that. the day i fell i guess i panicked and wasn’t being as careful as i normally was on the uneven pavement. the day after i came back from the emergency room, (2 wks before the surgery,) i called and told them i fell and broke my arm, the next day they had someone get rid of the bees. this all happened may 2007. the bees are back now and i told them a few months ago, no response. this was an llc that owned the property. it went into foreclosure last may and belongs to another llc now. i didn’t file before also because after the accident i couldn’t drive for three months and we got behind in the rent. i was afraid that if i filed a lawsuit we’d get evicted. then so many things began to go wrong with the place that i continously complained about, major things, that they never responded to. so we wrote them and told them that instead of filing lawsuits for back rent or warranty of habituality against each other we would pay partial rent and do our own repairs. they never responded or complained about any back rent. so that’s how it went. but now that they don’t own it anymore can i still file because of my arm? they also never contacted us or made any mention of our security deposit. now the new owners gave us a 30 day notice to vacate. we’ve been here 3 years and ordinarily would get 60 days. (the new owners) hired a property manager to contact all the tenants to tell them about the change in ownership and that they would continue to rent to us. the manager renegotiated a rent amount because of the condition of the prop. we all agreed and were relieved we wouldn’t have to move. we sent our rent and a couple days later we all recieved the 30 day notice, they said they “changed their minds”. no mention has been made of our security deposit. could i make that a part of my lawsuit for my arm or sue the new owner for that. they became our new landlord for a month, so wouldn’t they be responsible for it? because they were a landlord even for just a month would’nt that also make us entitled to the 60 days notice? (if you’re not totally confused right now then you’re really on your game!)

cdl driver not haulin

Legal Information — Thu, 03 Jul 2008 12:32:06 +0000

I received an Careless and Prohibited ticket and was dumb enough to pay the ticket after being told it was 3pt offence and would not impact my record. Well, since then I have been declined employment because as a commercial driver insurance companies view it as a VERY BIG DEAL. Can anything be done??

Pet Deposit Refund

Legal Information — Thu, 03 Jul 2008 12:31:08 +0000

We just finished a two year tenency.
The lease included a $300 pet deposit but it did not specify if the deposit is refundable or non-refundable. The landlord is not refunding the pet deposit. If the lease didn’t specify, does he have a right to keep the pet deposit?

Grandfather Clause Question - New Jersey

Legal Information — Thu, 03 Jul 2008 12:30:37 +0000

I have a situation in NJ where there is a large landscaping business in my town and this business has a small area on my residential street that dump trucks are constantly coming in and out during the day to get dirt…etc.

The reason it is still there is because they were grand fathered in and could keep the area and the truck entrance.

Recently, the landscaping company sold a piece of that land to the high school behind it for a new soccer field. Because of this, the landscaping company wants to move the existing truck entrance that is approx 60 feet away from my driveway, 30 feet closer to my driveway.

My question is does the Grandfather clause still stand if they are looking to change the way they were using the property when they were originally grand fathered in?

Thanks

Commercial lease and security deposit - Indiana

Legal Information — Thu, 03 Jul 2008 12:29:22 +0000

Question: Is there Code or Law in Indiana that establishes guidelines for commercial leases?

Situation: An individual leases a building for the purposes of manufacturing in Indiana to an incorporated business. The business is attempting to take the individual to small claims court to receive its security desposit. The individual sent the company a letter stating the reasons and estimates for keeping the depsit within 60 days. The company claims that due to Indiana’s residental leasing or rental code it had to be done within 45 days. Can anyone sed light on this one? Thanks!

Burglary or Breaking

Legal Information — Wed, 02 Jul 2008 14:19:12 +0000

How would this be charged? Vacant house, door was unlocked. Nothing was stolen or damaged. Person entered, realized there were still belongings in house turned and left.

Colorado Restraining Order

Legal Information — Wed, 02 Jul 2008 14:11:02 +0000

I have a Colorado restraining order. It is a permanent order.

Is there a statute of limitations? Or does this have to be lifted by a judge?

Thanks!

health benefits

Legal Information — Wed, 02 Jul 2008 13:44:51 +0000

If you work 35 hours for a company and get one paycheck are you entitled to health benefits, what are my rights…

Pulled over for unknown reason with no citation - Arizona

Legal Information — Wed, 02 Jul 2008 13:44:08 +0000

i was pulled over and as i was giving the cop my license he got a call on his radio and said he had to go and spead off to another call but im pretty sure he got my license. if he sees me driving down the road can he pull me over to finish the citation or not.
i live in arizona
thank you very much

speeding tickets? Chicago, IL

Legal Information — Wed, 02 Jul 2008 03:15:34 +0000

Hi:
I am living at chicago and I just got my 4th moving violation tickets in 1 year period. I know I am screwd but I hope someone could help me on this. The first tickets were issued on 12/15 and 12/20 in 2007. The third one was for running red light on 6/6 2008 and 4th one was for running red light too on 6/9. I mailed my 3rd tickets saying I want to take safety driving school and they took the check, the problem is that dont know if I can get supervison on 3rd and 4th ticket if I get a traffic lawyer. Please help me…I am really really sad about the whole thing.
Thanks

permanent stalking order Washingon County Oregon

Legal Information — Wed, 02 Jul 2008 03:14:40 +0000

If you get a permanent stalking order place on you by the court. Can it ever be dropped by the person that placed it on you ? Washington County Oregon

drugs -Massachusetts

Legal Information — Wed, 02 Jul 2008 03:13:24 +0000

WHAt is the statue of limatations on drugs in massachusetts

PBJ: Have you ever been convicted of a felony Yes or NO?

Legal Information — Wed, 02 Jul 2008 01:36:30 +0000

I have been placed on PBJ, when filling out job applications when asked have you ever been convicted of a felony what box should I check? I know that when a background check is done the felony charges and guilty plea can be seen and that some companies treat charges the same as convictions.

wrongful death versus pain and suffering - Worcester, Massachusets

Legal Information — Wed, 02 Jul 2008 01:35:45 +0000

Worcester, Massachusetts
My father passed away in Feb.2008 from mesothelioma. Before his death, he started a lawsuit for his pain and suffering with punitive damages. Some companies settled before his death, others are still being litigated.
My question is - can we still file a wrongful death suit against these same companies?

statue of limitations on a quick claim deed - California

Legal Information — Tue, 01 Jul 2008 19:11:14 +0000

is there is statue of limitations on how long do you have to file a quick claim deed in California

Who is at fault?

Legal Information — Tue, 01 Jul 2008 19:10:16 +0000

For the last two months I have been telling my landlord with a witness each time that my fridgerater has a leak.I have been using my own towls and doing a lot of laundry do to this leak I told him one of us was gonna end up falling. three weeks ago I showed him the water and he said he would send someone to fix it.A week and a half ago the repair guy said I need another one and he would tell the landlord that day.Well four days aftrer that me and my two year old daughter woke up went in the kitchen and she slipped and busted her forhead open do to the water from the fridge she had to go to the emergancy and now she is going to have a scare.Is he at fault?

Changes in Earnings while in Bankruptcy

Legal Information — Tue, 01 Jul 2008 11:04:26 +0000

My ex-spouse filed chapter 13 bankruptcy, while owing a very large sum of money towards a lien (debt consolidation loan in his name only) against the marital house, which was awarded to me in the divorce. In order to qualify for bankruptcy, he quit his well-paying job and worked a minimum wage job for a year, while living with his girlfriend’s parents and essentially stopped paying all his bills. When he filed bankruptcy, he stated he was forfeiting the house so the mortgage company tried to foreclose the house twice, even though I continued to make the scheduled payments and notified them that I planned to keep the house (I found out that he contacted the mortgage company and had a change of address filed, and they mailed my payment checks back to him!). I had to pay a ton of legal and late fees to the mortgage company and to a lawyer to keep my house. My ex is now making a very large salary again and just purchased a house for almost half a million dollars. And he defaulted on his Chapter 13 payments, and got it reworked at a better payment schedule. I’ve been advised by an attorney that I can’t go after him for any reimbursement as long as he’s still protected by bankruptcy. But also, how can he buy a new house, a new car, and make that much money while in bankruptcy? As things stand now, every financial mistake he makes affects me because his name remains on the mortgage until he pays off that lien, which has caused me a lot of money and stress. Do I have any recourse? Someone told me I can contact the bankruptcy trustee and report my ex’s current financial status in case they don’t know. How do I do this legally so that I can protect myself against him, as he has proven that he has no regard for my financial security? Any explanations or advice would be very much appreciated.