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  1. jharris352

    Is Health Care Legislation Unconstitutional

    First, I wasn't answering your post, so no I didn't read your post. I was answering Moose. As for any individual it may be interstate commerce. But when a doctor gives you care, you rarely go to another state to get it. You might, there are others who do, but most don't. So, for the most...
  2. jharris352

    Being sued for $850 - HELP

    First answer the lawsuit and flatly deny owing the money to the court. It's ok, this is not perjury. Secondly, call them and offer to pay the money when your taxes come in if they will delay court accordingly. They will file for a continuance, and you can make arrangements to pay them. Do...
  3. jharris352

    can i get custody of my nephew?

    lonleyinny, there is nothing worse than someone who is dogmatic and doesn't have a clue what they are talking about. If the OP really wanted custody of the child she could file a deprivation action against both of the parents, child services would get involved, and she could stand for custody...
  4. jharris352

    Drug Crimes, Substance Abuse Slanderous Cops and other issues...

    Be lucky you live in the Land of Fruits and Nuts (California) or you would be facing more than a ticket. You are a pot and likely a pill dealer. If you are going to be a criminal, go hire an attorney and learn what to do when you get arrested (and yes you will get arrested). If you aren't...
  5. jharris352

    Legal Rights of Credit Card Companies calling non relatives

    They are not allowed to share information about what you owe and to whom you owe it to anyone relative or not. There are attorney fees and statutory damages of as much as $1000 per violation if they continue to do what they are doing. Send them a "Cease and Desist" letter that says to stop...
  6. jharris352

    Is Health Care Legislation Unconstitutional

    The short answer is YES. There are no powers in the Constitution that would allow Congress to force you to buy health insurance (and no it is not like car insurance). It doesn't fall under the Commerce Clause because it is delivered for the most part within one state. This bill, even in it's...
  7. jharris352

    Notice to Admit

    If your answer does not DENY the claim they are ADMITTED. You can not walk the line on them. That is why they put you to a task of answering admissions. I don't know how many days you have to answer them in NY but you have a set number of days to file your ADMISSIONS/DENIALS to the specifics...
  8. jharris352

    Alcohol & Drugs: DUI, DWI declining a breathalyzer

    Absolutely. The passenger is under no obligation to take a breathalyzer test. Nothing should happen if they refuse.
  9. jharris352

    civil rules of procedure

    Well, good luck.
  10. jharris352

    changing childs last name

    I doubt the father has a right to give the child his last name. If he wanted that he should have married the mother. The mother has as much right or more to give the child her last name as he does. I'll check the codes.
  11. jharris352

    home auctioned now what do I do?

    You certainly have rights. I run a non-profit foreclosure assistance group in Georgia. Email me at GaHomeTrust@gmail.com and I will get more specific information. In general I would need to know if this was your house or are you renting? You do NOT have to move in a week. They must evict...
  12. jharris352

    Is my HOA supported by LAW? or have they gone too far?

    You can participate in the HOA meetings, or next time you buy a home don't buy in a subdivision with an HOA. They are notorious for excesses. Your other questions are easy: Yes they are probably within the by-laws to do this; Yes, if someone on you property is mowing your lawn and hurts...
  13. jharris352

    Arrest, Search, Seizure, Warrant Fake Warrant

    The 2005 date isn't a problem. It may have been outstanding since then. The different name could be an alias, and it isn't necessary to know the name of a victim if you can prove he killed him/her. Get a lawyer.
  14. jharris352

    Consumer Law, Warranties Breech of contract

    Sue him first, get a judgment. It shouldn't be hard as long as you can get him served. After the judgment you can do interrogatories (written questions) or bring him back into court for questioning about his assets, jobs, the location of the horse etc. Then you use garnishing and attaching...
  15. jharris352

    Requirements for unfit parent definition

    Yes, politely stay out of her life and let her live it. There is nothing about the things you have said that comes even remotely close to making her "unfit." If she fails to provide proper parental care and control of her child's mental, physical, emotional, and moral needs then she is unfit...
  16. jharris352

    Justice System, Police, Courts Son facing 5 years in prison

    Get a lawyer, there is very little chance he will lose. He was not in his own house, there was no gun on his person, the ammo was incidental to his presence (in other words no reason for it to be there). He should win. Secondly he should learn to not mouth off to cops. Especially when you...
  17. jharris352

    Consumer Law, Warranties Is verbal agreement to purchase car revocable?

    I have to agree with Fredrick on this one. Once you give a deposit, unless it is contingent upon an inspection (in writing), you lose that deposit if you do not take the car. The fact that he did repairs in reliance of your promise is even more ammo against you.
  18. jharris352

    Small claims won? Does paid collections still affect credit?

    When the collection agency contacts you, just work out a payment plan with them. As long as there is a payment plan they will not put it on your credit. Its one of the carrots they use to get you to pay. When you win your case though, beware, it is often hard to collect unless you know how.
  19. jharris352

    power of attorney

    I did a little research for you. Here it is: This is the Missouri Law but you can probably apply in either state and it will be recognized in the other. When I took my goddaughter I just did it in my state because it was easier. In your state it is the Probate Court that handles it. There...
  20. jharris352

    power of attorney

    I have to disagree with Proserpina. You do a temporary guardianship in the state where YOU live not the state where she currently lives. Go to the clerk of court and ask what court handles them in your state. They will have a form for you to fill out and one for the parents to fill out and...
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