Law Q&A

Question about a fight

Legal Information — Sat, 04 Jul 2009 00:25:13 +0000

if i got into a fight nine months ago and the victim never pressed charges even though he is over the age of eighteen would his mom be able to press charges now nine months later

Slander

Legal Information — Sat, 04 Jul 2009 00:24:27 +0000

I live in east bay of california. I have an ex who has been vindictive and has posted pornographic pictures of me on a merchant web site under the listing of the company I work for. These pictures show my face only. They were downloaded on his phone when times were better. I work for a tax preparation franchise with offices throughout the country and this. What legal steps can be taken to resolve this problem?

Injury resulting from obeying an Home Owners Association mandate

Legal Information — Sat, 04 Jul 2009 00:24:00 +0000

The Home Owners Association to which I belong enforces a mandate (not sure if this is the proper word for it) which decrees that all homes on the lower levels must maintain the tree heights on their properties at 16′ or lower to assure the ocean views of homes on the ridge line above these lower-level properties. There is no restriction that applies to the tree-heights on the properties of the homes on the higher levels, presumably because, being on higher ground, they do not block anyone’s views of the ocean. Enforcement is complaint-driven.

A problem for many home-owners on the lower levels is that adherence to the 16′ height-level of trees is prohibitive, costing thousands of dollars to contract for professionals to trim or cut down the trees. Many elderly people who live in our community governed by this HOA mandate are on fixed incomes and cannot afford this huge expense.

My question is this: If a home owner, ordered by the home owners association to adhere to the mandate, were to hurt himself or herself attempting to trim or cut down the trees on his/her property himself or herself, could he/she sue the home owners association?

A second question is: If the injured homeowner were awarded a judgment against the home owners association, would the HOA be able to assess its members for payment of this judgment award?

A third question: Is there ANYTHING a home-owner without the funds to comply with this HOA tree-height mandate do not to comply?

Thank you!

Open Container Help!!

Legal Information — Sat, 04 Jul 2009 00:23:53 +0000

Ok I was pulled over the other day, I had 3 drinks prior to driving, and had beer cans in the car. I know this was very dumb, but it happened. The officer smelled the beer, took me out of the car for a sobriety test. I did the test where you have to follow the pen with your eyes, and he did not tell me whether or not I passed (I think I did). Anyways, he said he was doing me a favor and was giving me a citation for having an open container in the vehicle ($500 fine). He then told me that if I tried to fight this in court, he would bring further charges upon me (DUI, MIP etc.). I am still considering fighting it nonetheless. First of all, I’m not sure if it’s even possible to bring further charges on me and he was just trying to scare me. I never took a breathalizer, and he didn’t take the container or anything for evidence. I also feel like this might be some sort of blackmail, which definitely isn’t legal. Please help me with any advice you have.

On a side note, I have never had any problems with the cops before, I haven’t even been pulled over before prior to this incident. I feel like this would also help me in court if I choose to fight it. Thanks for your help!!

-Massachusetts

Statute Of Limitations Athens Ga.

Legal Information — Sat, 04 Jul 2009 00:23:42 +0000

What is the statute of limitations on public indecency in in Athens Ga.
Thank you

Uncontested Divorce in Virginia

Legal Information — Thu, 02 Jul 2009 20:08:24 +0000

steps to follow to complete uncontested divorce in Virginia

Question regarding green card and overstay

Legal Information — Thu, 02 Jul 2009 20:07:34 +0000

I used to be a US green card holder and had been living in the US for about 7 years. I had to leave the US and have since been out of the US and it has been about four and a half years. I now want to return to the US with my three children who are all US citizens and are all underage . Will I have to face consequences and what are my options ?
Is there any penalty fee I can pay and reenter the US?
Please help and explain the correct process.

Spouse Credit Card Debt

Legal Information — Thu, 02 Jul 2009 15:38:08 +0000

My wife died recently, June 2009, when going through her things looking for documents I needed I found several credit cards, all with outstanding balances. I am not an authorized user of these cards and my name is not on any of these accounts, now they are calling, wanting thier money. Am I, in the state of Nebraska, responsible for paying these debts?

I’m being transferred back from overseas and want to move back into my rented home

Legal Information — Thu, 02 Jul 2009 07:37:22 +0000

I own a home in Frederick County Maryland that has been rented out while I have been on work assignment overseas. I have been notified by my company that I am being transferred back to Frederick County Maryland and I would like to move back into my home. Although the current lease extension is not up for another 7 months, and I don’t have a specific clause in the contract that provides for me to return with appropriate notice, I have heard that Maryland law allows for Owners to return to live in their homes with proper notice, even if there isn’t a clause in the lease. Is this true and what is the reference law in MD or Frederick County and what is the notice period?

STATUE OF LIMITATION FOR EMPLOYEE ADVANCE COMMISSION

Legal Information — Thu, 02 Jul 2009 01:16:56 +0000

HI,
MY QUESTION IS WHAT IS THE STATUE OF LIMITATION IN TEXAS STATE ON EMPLOYEE ADVANCE COMMISSION FOR THIER CONTRACT JOB WITH THIER EMPLOYER ?

Cosigning real estate mortgage

Legal Information — Wed, 01 Jul 2009 21:13:48 +0000

What is the legal obligation and financial exposure of a person who cosigns a real estate mortgage for another person?
(I am a home owner who has been asked by a relative to cosign a mortgage loan for a house he wants to purchase. If I cosign for him & he does not make all his payments, am I obligated to do so? If so & I refuse, can my home equity be tapped against my will?

collecting debt statute of limitations

Legal Information — Wed, 01 Jul 2009 20:59:57 +0000

How long does a person or entity have to collect on a debt? If a “service” was given to me 4.5 years ago, and I received a letter stating I still owe money, do they still have rights to collect the debt? It was 4 years and I have no proof anymore that I did pay the full amount.

Medical Bills for MRI collection calls

Legal Information — Wed, 01 Jul 2009 20:15:52 +0000

I have an outstanding medical bill from October 2008 for an MRI I received. I told the MRI center that if my insurance did not cover it in full, I did not want to have it. They never said anything, and then I get billed $600 for it. At the time, I had no money whatsoever for it. Now the bill is at a collection agency, which is harassing me on a daily basis. I put a $50 payment down two weeks ago, and now they are saying that they need to take the money out of my account every month. I said absolutely not, but that I would pay over the phone every month so I know I definitely have money in my account. They said I couldn’t, and that they would take legal action. Can they take legal action given the fact that this is a medical bill?

Identity Theft and car vandalism harassment

Legal Information — Wed, 01 Jul 2009 20:14:35 +0000

I have been harassed by a woman who has a child with my estranged husband. She has committed all the following offenses anonymously: monitoring my utility account, email hacking, sending anonymous emails to my BlackBerry, calling my phone from a restricted number, death threats, changing my banking address attempting to get my statements, forwarding my mail to her home, and even vandalising my car. I have the harassing emails and have done 3 police reports and nothing has been done yet. I am tired of this and have even started the process to move out the state of New York and change my social security number to protect my identity. What can I do to bring this woman to justice.

Texas drivers lic. surcharges

Legal Information — Wed, 01 Jul 2009 18:26:44 +0000

Can you tell me what court has jurisdiction in the drivers lic. surcharge
penalties? Where can these charges be argued in court?
These have been defined as penalties and not fines, so the original traffic court would have no jurisdiction in these CIVIL
penalties. I can find no court to “get a day in court”.
Thank you,
Robert Webb

Family Law joint custody, want to live with dad

Legal Information — Wed, 01 Jul 2009 18:25:43 +0000

I’m a 15 year old girl and i currently live with my mom. But my parents have joint custody. I have never lived with my dad and for various reasons i want to live with him now. what should i do?

Remove property from HOA

Legal Information — Wed, 01 Jul 2009 14:07:30 +0000

Located in Georgetown DE. Is it possible and what are the steps to take to secede from a Home Owners’ Association? There are several properties which are on the outside border of my development and receive no services from the HOA. We are all seeking relief from the petty restrictions posed by the covenants. The president of the HOA says we may secede but would still be responsible for the covenants. Any assistance would be appreciated.

Shoplifting for a second time

Legal Information — Wed, 01 Jul 2009 11:25:59 +0000

If a person has been convicted of shoplifting and is arrested again for a similar action what can the person be charged with??

Minimum amount of house for a HOA?

Legal Information — Wed, 01 Jul 2009 11:25:00 +0000

I bought a house in 07 in a sub division with an HOA. When all the house are complete it will be a total of 23 homes. when the bottom dropped out of the housing market the builder stopped building.there are about 8 lots that are vacant and several of the houses have still not sold which the builder has rented. my question is can there even be an HOA in this situation.

truck loan loan not signed by boyfriend

Legal Information — Wed, 01 Jul 2009 11:23:16 +0000

I am the only name on the title for a truck I purchased for my boyfriend I didn’t pay anything but he has bad credit and he could not be approved for it. Now we are going separate ways and I want to know if I can do anything before I end it to protect myself the loan is in the amount of 40,000 I am worried he will get even with me and dump the truck on me and not make the payments. I can show he has made payments and this is his work vehicle.