I lived in an apartment building up until a month ago. there was a fire in the building burning it and three other buildings with it. All of the buildings are being torn down and I was not able to recover any of my belongings. After the fire I did not hear from my landlord at all, I was told by a neigbor in the building to call and ask for my secuirty deposit back. I called and asked about my secuirty and I was asked if I had payed the current months rent. The fire was October 25, rent is due the 1st week of ever month. I did not pay the rent at the 1st of the month as was due and i left a note the week of the fire stating that rent would be paid when the needed repairs to the apartment where made (broken front window without a screen, hot water not working). Also in the note I noted that I would be down to bring rent after I was feeling better, I had contracted the swine flu. I was feeling better the saturday night, before the fire so I took the rent to the office of the landlord and no one was present so I left the money in an envelope under the door, with a note stating that all repairs need to be made by the end of the week or i would contact the local inspection department. I paid with cash, I always do and they leave a recipt at the front door of my apartment. early sunday morning the fire alarms went off in the hall of my building, i called 911 and exited, the building was burned badly and none of my things could be recoverd, all I had with me at the time was my 3 month old daughter and her diaper bag. The landlord is saying she has no record of my paying rent so she will not return my deposit, when i called she said she would talk her building manager and get back to me about the deposit and i did not hear from her for 3 weeks, a local lawyer offer to help free of charge and i was told to send her a certified letter requesting the deposit and she had 30 days to return if i do not recieve the deposit back we will be taking this to small claims court.

I want to know if i have a case. being as though everything has burned to the ground it seems like a he said she said type of case. the onyl proof i have is a bank statement showing that on october 9th i withdrew the exact amount of the rent money, which is the money i put into the envelope. the rent was not paid the 1st of the month because the repairs to the apartment where not fixed, and I had let it be known to the building manager before.

So I
have a sticky situation. Landlord filed BK and is in foreclosure. LL tells us she is not going to save the house and we can stop paying rent until bank takes property while we uproot our family. She fills out deposit return from her broker(she is a realtor). She also fills out bill of sale stating she is giving us washer and dryer because we have to move.

We asked if we could pay bank so don't have to move during holidays. She makes arrangement with the bank to that effect. Then out of the blue we get a demand letter asking for back rent, exorbitant late fees and overdraft fees because she bounced checks while we weren't paying rent.

Our apartment won't be ready until the middle of the next month. I don't want an eviction on my record when I only followed our verbal agreement. As a realtor isn't she bound by a code of ethics? Will this eviction hold up in court? She made no effort to collect rent until she figured she could take the money we saved for our apartment. To be clear she made the offer to not pay rent until the foreclosure sale, that wasn't our idea.

What can I do? She won't answer our communications.

Thanks

How much time after an incident, do I have to file a malpractice suit in New York State?
Thank you

My husband wants a divorce & sole custody. Married 10 years, 2 kids: 7 and 8years old.

1 1/2 yrs ago: I started to abuse alcohol & began drinking in secret at home. 4 months later I told my husband & got help with a Dr & a therapist. My husband, and friends told me I had abused alcohol & was not an alcoholic. Of course I wanted to believe that.

Over the past year we have both attended social events where alcohol was served & both drank & he had no issues with that. But I realized on my own 2 months ago that I am an alcoholic and have started going to AA and a therapist. I was never court ordered to go to AA, never drove drunk, never missed work.

1 month ago, my husband had an affair and after I found out he tried to commit suicide. He was commited to the psch ward for 2 days.

When he got out of the hospital he said he was divorcing me and was very angry but said he would agree to joint custody and the kids would live with me. He has since changed his mind and wants sole custody, as well as our house. He says he will give me lots of visitation with the kids. He says he no longer trusts me to be a good parent b/c of my drinking.

I recognize that my drinking was a huge mistake and I am working the AA program, reading literature, staying under the care of my doctor and seeing a therapist. I have offered to take random breathalizers, blood or urine tests or any other reasonable request he has to prove that I am sober and will remain sober for the rest of my life.

We both have stable jobs, have never had legal or financial problems. The kids are happy, healthy, well adjusted (despite having 2 parents who made big mistakes) and have no idea he wants a divorce. They don't know anything about the drinking nor did I tell them he was in the hospital. I just said he had a business trip and they believed that.

Despite what we've both done we've both been good parents and have never argued in front of the kids. I am the primary caregiver w/ making meals, helping w/ school work, dr appts, etc. But he is also involved with them and very loving. If it were up to me we'd go to counseling and work on saving our marriage, but he doesn't want to. So I need advice on how a court will rule on what's best for kids.

So my own attorney copped a deal w/defense (I found the bribe and even the extortion letters) and he needed out of my catastrophic personal injury case, so he had his faithful regular auto-expert write up a conclusive and damning causation report so he could withdraw mandatorily. Problem is this expert report blatantly defied science and literally falsified the causation of injury directly from the medical textbook used for the report. So I have undeniable proof of fraud. In fact, this expert's report is so over-the-top absurd, that the only humanly possible cause of my lifelong injury was omitted right from the page of the book he used. This actual and only "causation" makes the defendants (also lawyers) grossly negligent and 100% liable for major damage$. The expert said "the medical book said these types of severe fractures can happen in two ways", when in fact it really said "three ways" and it was this third and only causation (missing from the report) that absolutely caused the injury. The res ipsa case was later dismissed w/out prejudice, after I lost everything fighting it, but now the injury statute is expired . . . and then I uncovered the fraud by the expert, what do I do now?

Hello,

I have recently moved into a new apartment, where rent includes heat and hot water. It does not include cable, however the landlord claims I must pay cable separately, as a lump sum, when I move in. My lease goes as follows:

Renting unit 10 from August 1, 2009 at the rate of $ x p/mo (before cable).

...

Rent includes Heat, Hot water, and cable hookup. Cablevision payable at rate of $z per year in advance including channels 02-58.

My interpretation of the last statement when I signed the lease was that 'cablevision' was optional, and if I wanted cable I could choose to pay the amount. I did a definition search on the word 'payable' and as expected there are multiple definitions. 1) payable indicates that something is due, or 2) payable indicates that something is able to be paid. I read the latter when I signed the lease, and also assumed the conventional thought that if something is required, it would be included in my rent.

Of course my landlord is not happy that I do not want to pay this, however I don't own a TV so am very reluctant to pay for a service that I do not want nor can I even use.

Thank you.

I drove to kmart today roughly between the hours of 10 - 11am to pickup my 3 month old daughters pictures and was very excited about that. I had 3 clothing items of my stepson that I was returning but left them in the car at first. It's a windy rainy day and didnt wanna carry around clothes while taking a look at my daughters pictures at the portrait studio. So I went to the studio's desk and received my pictures. I took the pictures to the car everything was fine. Then I grabbed the 3 pieces of clothing from my stepson in the backseat along with the receipt to go to the customers service desk for a return. Immediately when I got there this guy out of nowhere comes over and asks the clerk, (who is the supervisor there) for my receipt and took it with him to wherever her went. I waited about 15 mins or so he came back and on his phone device he had a photo of me on his mobile device saying you weren't carrying anything when you walked in? where did these items come from were u with someone did u leave these items somewhere and then took them up to the customer service desk? I was forced to tell my story or else I dont know what could have happened. In any case he went back again after I said what I did and he ran the video again. When he came back the second time he said go ahead and proceed with the refund and told me he was sorry and since they didnt detain me it was all peachy keen. I was humiliated embarassed in front of store personnel and customers that I commited shoplifting. I wasn't happy about the situation so I asked for the store manager. She came out and gave me the number for corporate office because it turns out the prevention manager was on this case alone. And he was the one talking to me directly about the issue. The store manager went on to say call the corporate office they will handle everything. She also wrote a note below the number saying Sue District Analyst in this situation what am i to do? Is it worth suing? Is it worth doing anything at all? Or would it all be one giant headache for me in the future. I am thinking of this all day now. I have been diagnosed with anxiety disorder in the past. And this is just over my head now.

I am 18 and i I received my first ticket for a misdemeanor last night for shoplifting. This is my first offense and I am really scared about what happens next..

What level of crime is it?
What is going to happen in court?
What should i say in court?
What are the consequences?
Will this effect my chances of getting job?

if someone could please talk me through this it would make me feel a lot better being prepared...

how do i get a lawyer?

My husband was having shortness of breath and chest pains on a Friday eve so I took him to the ER. After they ran a bunch of tests on him they decided to admit him so that they could do a stress test on Saturday morning rather than have him wait until Monday. My husbands insurance (for which they had his insurance cards in hand as soon as we arrived at the ER) has a 2000.00 deductable and after that is met they cover 80 percent of the costs and we are responsible for the other 20 percent but this is only if he is actually admitted into the hospital ... As far as ER services go they only will pay 1000.00 towards that with a 250.00 deductable. When the doctor told us that he was going to admit my husband we agreed because we thought the insurance would cover this. Needless to say that about a month later we found out that due to the way the hospital coded his overnight stay by saying he was admitted into the obversation room, instead of actually saying that he was admitted as an inpatient .... his insurance company treated the whole ordeal as ER and wouldn't cover the cost .... They paid of the 12,674.73 bill only 757.68 and a PPO discount of 3,168.65 was also applied leaving us with 8,748.40 out of pocket that they state we are responsible to now pay. The Physician that was taking care of my husband tried to get the hospital to change the coding but they said it was after the fact and nothing could be done. I have tried to get the hospital to lower the cost of this bill since they knew it was a non-covered admittance (they actually wrote that on the forms either friday night or saturday morning) but they tell me that since we provided them with insurance .... they couldn't lower the bill any further .... it was already discounted with the PPO discount. My arguement with them was this ...... "I know that you can't change the codes that you applied after the fact ..... But I also know that it was your neglegence NOT TO TELL US THAT OUR INSURANCE DIDN'T COVER THIS OVERNIGHT STAY. ..... for if you had told us that we could of spoken with the doctor to see if it was an absolute necessity to keep him overnight rather than take him home and bring him back the next morning. I have argued with the hospital until I am blue in the face. My last conversation with them was since you insist upon treating this as an insurance incident then so will I .... I will pay the 2,000.00 deductable that I know we are responsible for and then pay you 20 percent of the remaining 6,748.40 that you say we owe. After that you will get it when I do. They politely replied that if I don't set up a payment plan with them they will simply turn it over to a collection agency for which I replied back .... Why should I pay for your neglegence ..... It was your responsibility to tell us that our insurance wouldn't cover the way that YOU DECIDED TO CODE MY HUSBAND'S OVERNIGHT STAY IN YOUR HOSPITAL because when we are told that he is being admitted ...... we have no clue as to what you decide to do thereafter unless you tell us.
So am I all wrong in my thinking ..... does the hospital actually have a right to do this to us ...... ? And can they actually turn this over to a collection agency if we pay them a few dollars a month ...... We don't qualify for indigent care or charity care ... we are just like everyone else .... simple folks trying to get by with the bills that we have in these pressing times . Please Help and thank you in advance!

My husband was having shortness of breath and chest pains on a Friday eve so I took him to the ER. After they ran a bunch of tests on him they decided to admit him so that they could do a stress test on Saturday morning rather than have him wait until Monday. My husbands insurance (for which they had his insurance cards in hand as soon as we arrived at the ER) has a 2000.00 deductable and after that is met they cover 80 percent of the costs and we are responsible for the other 20 percent but this is only if he is actually admitted into the hospital ... As far as ER services go they only will pay 1000.00 towards that with a 250.00 deductable. When the doctor told us that he was going to admit my husband we agreed because we thought the insurance would cover this. Needless to say that about a month later we found out that due to the way the hospital coded his overnight stay by saying he was admitted into the obversation room, instead of actually saying that he was admitted as an inpatient .... his insurance company treated the whole ordeal as ER and wouldn't cover the cost .... They paid of the 12,674.73 bill only 757.68 and a PPO discount of 3,168.65 was also applied leaving us with 8,748.40 out of pocket that they state we are responsible to now pay. The Physician that was taking care of my husband tried to get the hospital to change the coding but they said it was after the fact and nothing could be done. I have tried to get the hospital to lower the cost of this bill since they knew it was a non-covered admittance (they actually wrote that on the forms either friday night or saturday morning) but they tell me that since we provided them with insurance .... they couldn't lower the bill any further .... it was already discounted with the PPO discount. My arguement with them was this ...... "I know that you can't change the codes that you applied after the fact ..... But I also know that it was you neglegence NOT TO TELL US THAT OUR INSURANCE DIDN'T COVER THIS OVERNIGHT STAY. ..... for if you had told us that we could of spoken with the doctor to see if it was an absolute necessity to keep him overnight rather than take him home and bring him back the next morning. I have argued with the hospital until I am blue in the face. My last conversation with them was since you insist upon treating this as an insurance incident then so will I .... I will pay the 2,000.00 deductable that I know we are responsible for and then pay you 20 percent of the remaining 6,748.40 that you say we owe. After that you will get it when I do. I they politely replied that if I don't set up a payment plan with them they will simply turn it over to a collection agency for which I replied back .... Why should I pay for your neglegence ..... It was your responsibility to tell us that our insurance wouldn't cover the way that YOU DECIDED TO CODE MY HUSBAND'S OVERNIGHT STAY IN YOUR HOSPITAL because when we are told that he is being admitted ...... we have no clue as to what you decide to do thereafter unless you tell us.

I bought a vehicle on october 5, 2009 and put it into another persons name that I lived with at the time of the purchase. I typed out a contract between this person and myself, that we both signed in front of a notary and had the contract notarized on October 8, 2009. On Oct 12, 2009 this person decided that she no longer wanted me living with her and when I moved out she refused to return my vehicle to me and take it out of her name. I took out a small claims against her in early November, on the 13th of November the papers were served to her by the buncombe county sheriff's dept. On the following monday, nov. 16, she took the title of the vehicle and got a loan against the title. My case in court was dismissed. I want to know what I can have done in court against her for getting title loan, because she knew we had the contract and the vehicle belongs to me and she also knew that we had court today(11/20/2009). and also any advice on how to write a letter of appeal to take this back to court would be greatly appreciated.

Long story short, since it doesn't pertain to my question. I'm in the middle of a BBB claim against my landlord over noise complaints that havent been dealt with. During the communications via the BBB, this statement came out from my landlord:

10. We have heard this resident is currently out of work; which may be the reason he wants out of a lease.

and this statement via email from the community manager:

5. This is coming to a head now that we have found out that you have lost your job.

There is no way they could have "heard" this, because I just recently started my 100 day layoff (I'm a Microsoft contract worker), and not even my closest friends or family know that I've started my break yet.

Is this a breach of my privacy? How could they have found this out, and is there anything I can do about it? Thank you so much in advance!

I recently entered a building through a back door that wasn't locked and came upon 4 security guards who proceeded to tackle me put me face down onto the ground had my hands behind my back with handcuffs on and a knee in my back and one of the security guards said "lite him up" pulled out his taser and tased me asking my about a laptop that was stolen from the building. The they then began in ask my questions again and said if I didnt coaporate that they would tase me again and they kept saying " lite him up" I felt the taser in my back but after the first time they tased me they didn't do it again. They sheriffs took a report and pictures of my back and I went to jail. I was wondering if I have a case with this. I don't care about they money I just want justice. It was 4 to 1 and I know I wasn't a threat to them. So any help would be nice.

I accidentally let my company web domain name expire about 6 months ago and now there is a company sqautting on it. Without providing too many details my company name is my domain name (MyWebSite.com LLC - www_mywebsite_com) and I'm wondering if that entitles me to the domain and if I have any legal right to it? If so how do I go about getting it transfered or released so I may reclaim it?

Thanks so much,

Ian