Law Q&A

Harassment by HOA Miami, Florida

Legal Information — Sun, 07 Sep 2008 14:12:34 +0000

I live in a community in Miami, Florida called “Valencia”. The HOA had sent me a notice in December 2007 to trim the areca palm in front of my townhouse. I had trimmed this and sent a letter stating same. The next letter I got was to remove the areca palm. Then I had to go for a violation hearing and eventually they accepted the trimming. In the hearing the “Manager” had said that he will have me remove the palm one of these days. Two weeks ago I got a letter to remove the areca palm and they have now quoted a bye-law of the HOA (this clause states that no areca palms are allowed in the community). However, this amendment was made to the HOA for the year 2007. This clause was existing when they sent the original letter to trim in Dec 2007. Earlier the HOA had made me remove another plant (this cost me $ 350) which was existing on the property and became a “no” in the same amendment of HOA in 2007.

I have a second issue: HOA sent me a letter stating that I have put concrete in my back patio without HOA approval and it is causing flooding of the neighbors unit. I bought this place in Nov 2002 and this back patio had concrete at that time. Now the HOA wants me to pay a fine of $ 450 (I had paid a $ 50 fine earlier as I could not attend a hearing- travel on business). This letter had come to me seven months after the fine of $ 50 was paid. In the meantime I had made phone calls and also sent letters stating that “presume this issue is sorted out” (My neighbor had some wild growth in her back patio and once she cleared it, I presumed the issue was over). Never got any reply from the HOA to my emails and letters. Last week I spoke to my neighbor and understand that she never had a flooding problem and she did not complain to the HOA. I sent an email to the HOA and yet to hear from them. I am expecting another huge fine from them shortly for not paying the $450 fine.

Is there anyway I can stop my HOA harassing me or is there any other judicial forum that I can take this up without spending a fortune on attorney fees?

SHOPLIFTING WISCONSIN

Legal Information — Sun, 07 Sep 2008 14:11:08 +0000

MY SONS FRIEND WAS CAUGHT SHOPLIFTING AT A LOCAL STORE, $3.OO ITEM. SHE PAID FINE THAT WAS GIVEN JUST TO GET IT OVER WITH. NOW SHE RECEIVED A LETTER SAYING THAT SHE HAS TO PAY STORE ADDITIONAL $200 OR THEY WILL SUE IN CIVIL COURT. CAN THEY DO THIS AFTER SHE ALREADY PAID PENALTY FINE? FOR A $3.OO ITEM?

fair compensation for auto accident, Midlothian, VA

Legal Information — Sat, 06 Sep 2008 21:10:31 +0000

I am in the process of settling an auto claim from 20 months ago. My car was already fixed so now I am looking at medical payments and pain and suffering. My total medical bills (shoulder surgery) came to a little over $19,000. How much should I be looking at for a settlement?

cabin

Legal Information — Sat, 06 Sep 2008 19:21:29 +0000

brother and sister are left cabin in will sisters husband from day one of purchasing the cabin 30 years ago has been doing the work on the cabin with the verbal agreement that the cabin stay in the family brother payed for repairs and upgrades but did know work all sisters husband cabin originally worth 10,000 know about 100 000 to 150
brother wants to sell sister does not
sister does not want to pay the brother half because he did know work what are options

defamation of character

Legal Information — Sat, 06 Sep 2008 02:05:39 +0000

i have a question in reguards to the title. my boss has continuely called me a liar in front of other employees. i havent lied and his talking about me has grown to where other people are becoming affected about this situation. the reason he says the things about me is because we had a falling out and now he has it out for me. i have all my information documented and think that i dont have to take this. i have been to our human resources personal a few times also about it. could someone please advise me on what my options are. thank you.

Opleousas, Louisiana

Legal Information — Fri, 05 Sep 2008 15:12:46 +0000

I own a home but don’t live there my kids

Filing a claim against a Texas Trust

Legal Information — Fri, 05 Sep 2008 15:11:35 +0000

My ex-wifes grandmother just passed away in Roundrock, Texas and she,(ex-wife), owes me $20,000 in back child support which that account is managed/assigned by or to the Guardian Adlitem. It looks like she will be recieving money, should I contact the Guardian Adlitem that let them know about it so that they can try and collect the money before it gets disburst?

marriage licenses

Legal Information — Fri, 05 Sep 2008 15:08:51 +0000

what if you don’t reveal all the times you’ve been married on a new marriage license?

wage garnishment in GA

Legal Information — Fri, 05 Sep 2008 00:27:25 +0000

Can my wages be garnished in Georgia for collection of credit card debt?

What has to written on check -Michigan

Legal Information — Fri, 05 Sep 2008 00:26:58 +0000

I am in a dispute with my local cable company. I lost (was probably mistakenly thrown away) a cable box during a recent move. I went to the customer service center to turn in other equipment I had and the customer service personnel looked up the missing box. He told me that I would be charged $80 for the missing box. I was willing to pay the fee at that time but for some reason they wanted to charge an additional $2 for a payment received at the window. He stated that it would be better wait for a final bill and to pay it via my normal payment process.

My final bill did arrive and now is says that I owe $155 for the box. I called that cable company and I was told that I had been mis-quoted for the box. I said but If I had paid the $80 at the window this would be mute. Long story short they wouldn’t reduce the amount owed.

I recall taking a business law class that dealt with contracts/check instruments etc, and that if you write in the memo field of a check something to the affect of “paid in full” (I plan on sending $80) and they cash/deposit that check they are agreeing to/or accepting my terms to forgo the balance of my debt ($75).

Here are my questions(finally)…Will this plan work? What exactly do I have to write on the check? If it matters I live in Michigan.

Thank you for any response.

New Jersey Shoplifting Laws

Legal Information — Wed, 03 Sep 2008 21:01:52 +0000

My daughter was caught attempting to steal about $12 worth of merchandise. A few weeks later, a letter arrived in the mail, stating that she was detained in conjunction with Chapter 20 of Title 2C of the New Jersey Statutes. There was a punitive damage fee of $125, which I paid. I want to know what will happen next. Does she have a criminal record? How will this affect her future?

Reckless driving with alchohol Utah

Legal Information — Wed, 03 Sep 2008 15:35:41 +0000

Is a reckless driving with alchohol ticket considered a misdemeanor or is it just a moving violation ticket? I live in Utah and that is where I got the ticket, if that helps any. It’s been close to 3 years since this has happened but, I’m applying for a really good job and having a misdemeanor on your record can disqualify you for the position. I’ve looked and looked but, it seems like reckless with alchohol ticket’s are pretty rare.

modification of decree North Carolina

Legal Information — Wed, 03 Sep 2008 15:34:51 +0000

I am very angry. I was divorced a year and a half ago. I live in Okinawa. My X divorced me, it was uncontested because I could not go to the court in NC. There is nothing in the decree about child support, visitation, alimony. He lied and said we were seperated for a year. I sent him a seperation agreement to go hand in hand with the divorce decree. The court set a date, sent me a letter, he told me that he postponed the date to get the seeration paperwork done. next thing you know I am divorced. This was in 2006. In that past year and a half, I have struggled with my two children,he gives me some money but decides to cut it off when he wants.He recently cut it off again and I have to struggle. I was told child support can be taken care of by the courts, but what about my rights, my alimony. Is there any way I can get a new court order to establish all of that or a modification or complaint.I was married for 12 years. Can you please direct me in the right direction?

Neighbor messed up my property - Arizona

Legal Information — Tue, 02 Sep 2008 11:46:26 +0000

My neighbor and I have been at odds for over 5 years since I moved into my home. We’ve had issues about property lines and grandfather law issues. I live in Arizona. The other day he was digging on my property which he states is part his. He was digging to put up a tree. I am so upset about this I called the police. They did nothing. I have no idea what I should do. The damn tree is sitting in my yard.

Workers Compensation Case in Cleveland

Legal Information — Tue, 02 Sep 2008 11:45:34 +0000

I am a carrier for a company and was hurt while delivering a package. I filed for workers compensation and they are giving me problems. I am so upset I don’t know what to do. Has anyone had experience in your company actually fighting against your ability to get workers compensation checks?

Ticket in North Carolina

Legal Information — Tue, 02 Sep 2008 11:44:46 +0000

I was traveling in the Carolina’s and I was pulled over by a state trooper. They gave me a ticket for 89 MPH and told me that I have to show up in court and couldn’t pay the ticket off. What is this all about do I really have to show up in court? I can’t do this because I live no where even in the near distance of N.C. This would mean I would have to catch a flight etc. This is crazy please help.

Personal Injury Appeals

Legal Information — Tue, 02 Sep 2008 11:43:57 +0000

Now that my personal injury case is over the insurance company is now appealing the case. I’ve come so far for this. I’ve had this case in court for over 8 months and we won the case. They filed for an appeals there after. How much more time am I looking before I can’t get my compensation check?

Trip and fall

Tue, 02 Sep 2008 11:23:41 +0000

My cousin trip and fell in a convenient store last week. He severly sprained his ankle and went to the doctors and now needs support for his foot. He tripped on a box as he turned the corner. Does he have legal recourse and can he sue the store for having the box out in the open and not putting the box away? the box was empty.

This trip and fall happened in Maine

Personal injury limitations

Tue, 02 Sep 2008 11:21:49 +0000

I have a personal injury case that is well over a year coming up to 2 years. I forgot to ask this question to my attorney. My friend told me that the statute of limitations for a personal injury is 2 years. Does this mean I have 2 years to win the case?

San Diego, California

Discrimination Issue in Chicago

Tue, 02 Sep 2008 11:20:18 +0000

I have been working for a law firm out of Chicago for the last 7 years. I was recently let go from my job. They told me that my services were no longer wanted. I am a staunch conservative and very vocal about my opinions in the workplace. The firm which I won’t name is extremely liberal in their views and of course we have conflicting opinions but nothing I don’t believe could be worked out. When I was let go they told me “my services at the firm is no longer needed” and I would have less than a day to pack my items and leave the office. I know its because of my political views. I think I’m being discriminated because of my political views. I have answered questions on this site and now I need an answer. I’m very unfamiliar with discrimination law in the workplace. I am a paralegal. The issue is in Chicago, Illinois.