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  1. adjusterjack

    Can not being served properly be grounds for dismissing a case?

    Continuance maybe. Dismissal no. You, in the courtroom: Your Honor, move for dismissal because I wasn't properly served. Judge: Then how did you know to be here today? You: Uh, uh, uh. Followed by whatever reason. Judge: The purpose of process service is to notify you to be in court at a...
  2. adjusterjack

    Court has had my address incorrect for a long while now, causing me to not receive notices. Can I backdate the Notice of Change of Address form?

    My opinion for the two cents that it's worth is that the "as of" date is the date you actually changed your address. If you have a court case in progress I suggest checking the case file to see if any notices were sent that you didn't respond to. If there weren't any then just check the docket...
  3. adjusterjack

    Form for grandfathering in a tenant

    Then you needn't do anything. Just let her live there month to month for as long as she likes and as long as she pays the rent and takes care of the place. I had a tenant in one of my rentals with that arrangement for 14 years until I sold both my rentals.
  4. adjusterjack

    Who knows. I had the land and house inspected and the inspector said the septic was in the backyard and probably needed pumped.

    Apologies for putting it on you then, now that I see your comment about the inspection. Then you might have a malpractice claim against the inspector for what it's going to cost you to resolve the issue.
  5. adjusterjack

    Breaking contract with unlawful employer

    1 - You haven't told us anything about the terms and conditions of the contract or the nature of your employment with the company. 2 - Generally, overtime without overtime pay is illegal unless you are exempt from overtime. We can't know that until you provide the information requested in...
  6. adjusterjack

    Who knows. I had the land and house inspected and the inspector said the septic was in the backyard and probably needed pumped.

    You have lots of rights. Listing them all here would be inefficient. Among those rights is the right to hire an attorney if your neighbor decides to litigate about something other than hot air. As for the septic being on the neighbor's property, you could have, and should have, found that out...
  7. adjusterjack

    Down Payment $ Not Taken

    Conviser - an appropriate name for a criminal defense attorney. ;)
  8. adjusterjack

    Down Payment $ Not Taken

    Lesson for the future. How can you tell if a car dealer lies? You see his lips moving. LOL.
  9. adjusterjack

    Disability = Bacterial Meningitis

    Get him an SSDI attorney. They work on contingency. They get 20% of any retroactive benefits but nothing from future benefits. They are specialists in SSDI and they are very good at what they do. Check out all these attorneys discussing bacterial meningitis and social security disability...
  10. adjusterjack

    Down Payment $ Not Taken

    Often more complicated than they have to be. ;) Cashier's check (keeping a copy) preferable, rather than cash. Always keep a paper trail with car dealers.
  11. adjusterjack

    Down Payment $ Not Taken

    Put a stop pay on the original check. Get written confirmation from the bank that the stop was successful. Get a chashier's check for the original amount. Take the cashier's check, personally, to the dealership. Give the dealer a copy of the stop pay document (keep a copy for yourself) along...
  12. adjusterjack

    Attorney refuses to file a motion for dismissal, pretrial and modification of pretrial restrictions.

    The word "may" denotes the authority to act not the obligation to act.
  13. adjusterjack

    Landlord says there is roach problem and needs to spray all units in my building, but I have no pests in my unit

    Same answer I gave you at freeadvice.com If they spray all the units except yours guess where the roaches will go? That's right. They will all converge on your unit. How do I know that? I have been doing my own pest control spraying for decades and I use the same chemicals the professionals...
  14. adjusterjack

    Can I sue the dealership

    I hope you understand that there is no "us" in this matter. It's your fiance's deal and he's the one to figure out what to do about it. He can take the dealer to small claims court for breach of contract and claim whatever losses he incurred. Unfortunately, there's nothing he can do about his...
  15. adjusterjack

    Storage unit fire

    In the next week or so? Well, next week brings you to the 26th. "Or so" brings you maybe out past the end of the month. Why not just wait "a week or so" and see how this plays out. No, they're not holding your stuff hostage. If you plan on withholding rent all that will happen is you lose...
  16. adjusterjack

    Fraud, Embezzlement, Bad Checks Is This Criminal - Frustrating the IRS?

    At the very least, it's likely the Colorado state crime of perjury. https://www.shouselaw.com/co/defense/laws/perjury/ You can report that to the probate court. Call the probate court to find out how. As for federal, @Tax Counsel is a tax attorney who participates on this site and should be...
  17. adjusterjack

    Does the Trust Have to Pay Capital Gains Tax?

    Cross reference: https://forum.freeadvice.com/threads/who-pays-the-capital-gains-tax.664055/#post-3800983
  18. adjusterjack

    Sued by Capital One

    Well, the small claims limit is $5000 so you must be in regular civil court which is more complicated. On what grounds have you denied all allegations? Discovery. See the following article for how that works...
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