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  1. Michael Wechsler

    Insults over Social Media, any deadline for a lawsuit?

    Cyberbullying and harassment that constitutes a crime may only be prosecuted by a district attorney in criminal court. A civil wrong that would result in money damages would need to be addressed in civil court and would likely cost you more to prosecute than you'd receive. The Nevada State...
  2. Michael Wechsler

    Child Abuse, Molestation, Porn scam or serious?

    Look up the word "catfish" in an urban or slang dictionary. The genius of such a scam is that the victim is and should be afraid of the information becoming public. The perpetrator rationalizes that he/she isn't such a wrongdoer and won't appear to be such a predator because he/she is only...
  3. Michael Wechsler

    extra charge for a dumpster

    I haven't seen the responses but agree. We don't know the details but you'd be losing your case based upon the facts. The dumpster could be 1/10th full and be overweight or completely full of cotton-like waste and be underweight. The issue was how much weight was in the dumpster. You appear to...
  4. Michael Wechsler

    Received Tickets in the mail

    I was driving back from JFK airport and wondering how long it will be until the city installs a camera to take photos of vehicles driving on the shoulder of the road to beat the traffic. When the owner of a vehicle gets flagged (such as a rental company), if the choice is to give up the driver's...
  5. Michael Wechsler

    dad steals sons life insurance

    It's possible that the money was held in a trust. I'm guessing the step-father was the boy's guardian (not guarantor.) The first step would be to ask the guardian and other research can be performed to track where the money went (such as contacting the life insurance company with information...
  6. Michael Wechsler

    no good dead

    Sometimes good deeds don't help people clean up their own lives. At this point there are no legal measures you can take and, even if there are (like restraining orders) it would be completely useless as they will be reactive. If he wanders onto your property he can be arrested for trespassing. I...
  7. Michael Wechsler

    Fired but still listed as employed at unemployment office

    And if she has been terminated, perhaps she can obtain a letter of termination which may help with expediting unemployment benefits. Perhaps she even already has a letter of termination.
  8. Michael Wechsler

    Accused of a crime because of my race

    I don't doubt that the problem you faced could have been motivated by race / nationality. For the moment, let's say you're right. Unfortunately the issue facing you is about the justification of the casino's actions, who can deny that it was racially motivated and point to some other issue. If...
  9. Michael Wechsler

    broken Will

    Regarding legal ethics and courtroom protocol: If the judge is the father or son to one of the attorneys, that would be an issue that I'd find very hard to believe would not be raised by a competent attorney. That presents a clear conflict of interest. Regarding attorneys and judges playing...
  10. Michael Wechsler

    Quiet Enjoyment Skunk smell

    If there is a no smoking rule in the leases and the smell is cigarette smoke, the landlord certainly can and would be responsible to do something. It would be a violation of the lease terms and there are a number of legal theories that can also be used for a civil lawsuit - but let's get to the...
  11. Michael Wechsler

    Is it legal

    An address on an eviction notice or on court papers can be corrected by a modification to amend the complaint (not "manipulation") if the landlord made an error. At times a landlord may drop and refile a case in order to correct such an error early on for a variety of reasons.
  12. Michael Wechsler

    Father who has custody in Jail/Re-hab

    Child support is supposed to be paid and used for the benefit of the child. Alimony, spousal support or maintenance is paid for the benefit of the former spouse (and is taxable.) I can't say whether a modification would be in order but payment would certainly be necessary since it is for the...
  13. Michael Wechsler

    Services not rendered

    I think she wanted to sue the title company for not following through on its obligations, not the mortgagee / bank. Agreed that it's not worth suing but certainly worth writing and obtaining some measure of satisfaction if that is what is sought. Fortunately no harm, no foul.
  14. Michael Wechsler

    Pay bill after reared car?

    Sadly this reflects the "well the money isn't coming out of my pocket so whatever you guys decide is fine with me" approach. Not a good one.
  15. Michael Wechsler

    Pay bill after reared car?

    Quite frankly, if you're the one that has the contractual relationship with your own insurance company I have no idea why you would believe that the victim of the accident rather than the person who is insured (that would be you and your wife) and who caused the accident (ditto) would be...
  16. Michael Wechsler

    No options to break a lease

    So here is my guess what took place, having engaged in some landlord tenant law here in New York. It's quite possible that your agreement on just one sheet of paper was nothing more than a renewal of your existing lease for an additional year, which you agreed to do at the time. This informal...
  17. Michael Wechsler

    My husbands family drama over a quitdeed

    Having served as an attorney on a similar estate case, I would probably advise not tearing anything up until you're ready to call it quits (or allow me the pun of saying to "quit your claim".) And even then I might keep it! True story - a woman was appointed conservator (conservatrix...
  18. Michael Wechsler

    Services not rendered

    In the age of the Internet where social media can be as damaging as a lawsuit, you should write to them and demand whatever you wish. You can see what they offer in return. If it's an insult then you might consider asking them how they would feel if you shared this true story at the most popular...
  19. Michael Wechsler

    Hypothetical: In negotiating a settlement

    Be very careful when making any settlement negotiation since the discussions might be admissible in court. Unless it's clearly within the scope of settlement negotiations, anything that might serve as evidence outside that scope can be admissible. And anything that is discoverable outside of...
  20. Michael Wechsler

    Sold Car, Buyer Wants Refund for "Hidden Damages"

    He's free like anyone else to waste his money and time by filing in small claims court and arguing his case. Unless you specifically provided him with some type of warranty or guarantee I can't see any reason to bother filing suit. And if it's not in writing then proving it will be a problem. If...
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