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Because the general presumption in the law is that the person in possession of a piece of property is the owner. If A possesses a widget, and B claims the widget belongs to him, and A doesn't want to give the widget to B, then B's recourse is to take the matter to the court.

These boards only deal with issues of U.S. law, and I doubt anyone here will know how things are "usually handle[d]" in any of the 200+ countries that aren't the U.S. In the U.S., the parties' citizenship doesn't matter. A divorce court in State X will apply the law of State X unless one of...

What sort of trouble? Why is the child living with a guardian instead of his parents? No one here knows. You have referred to both the child's "father" and "bio father." Are those two different people? Adding "bio" is unnecessary and confusing unless the child has a father other than his...

They can ask all they want. However, first of all, lawyers are not allowed in small claims court in California. Second, small claims court is a division of the superior court. Third, there is no provision for moving cases over which the small claims division properly has jurisdiction to...

Not really sure what this means. Any employee has a minimum level of competency that is expected by his/her employer. You can put whatever you want in your letter, but it won't give you any special rights or impose any special obligations.

No, unless the retainer agreement expressly provides for such a warning. Considered by whom? What about them? Not every bit of work done by an attorney directly manifests itself in written work product. Given that we have no specifics, there is no way for anyone here to assess your concerns.

Depends on the reason for the submission of the declaration. Typically, declarations are submitted in support of motions (or oppositions thereto or replies to oppositions). If the declaration was submitted in support of a motion or opposition, then you can address your concerns in your...

Let's start by acknowledging that California small claims courts have authority to order injunctive relief "only when a statute expressly authorizes a small claims court to award that relief." Civ. Proc. Code section 116.220(a)(5). That said, there is special provision for enforcement of small...

It's not "illegal," but your and your contractor's rights and obligations are spelled out in your contract, which we haven't read. If you withhold money, you can be assured that some or all of the following will happen: - The contractor will stop working on the job. - The contractor will lien...

OK...not sure what this has to do with your original post.

If you live in Illinois, why is Tennessee the relevant jurisdiction? Despite your use of a question mark, this sentence is not a question, and I would hope it obvious that no one here knows why some unknown property manager hasn't responded to you. Your post doesn't appear to raise any sort...

Ok, then answer the several questions I asked. They're important. You didn't need to say this once, much less thrice.

Threatened with what? Threatened by whom (not a name)? Such as? Nothing in the history of the world has ever happened without reason. I'll assume you meant that you don't know the reason or don't think it was a good reason. What does "trying to lie" mean? Did you mean that they actually...

Sounds like homework. Please tell us what you think the answers are, and why, and we'll critique your responses. If it's not homework (or some sort of school project), please explain your involvement and answer the following questions: - Are you Jim? If not, what is your connection to this...

Not sure what the point of this was. If you answer the questions I asked, I might have some more information that may be helpful.

You guess? Is what you really mean that this is how your friend interpreted the request? When exactly did this injury occur? Has a lawsuit been filed? This is not for anyone here to say. It's entirely up to your friend.

There's a bit too much personal identifying information here. What is "it"? Did your mother own a home? Did she have substantial assets? No. Maybe. A lot depends on what, if anything, has happened in the year since your mother died. I suggest you visit the San Bernardino County...

No lawyer is going to get disbarred for a single threat of criminal prosecution in connection with a civil matter. The most that would likely happen would be a private reprimand. Agree. Don't you think these are questions for your lawyer, who, unlike us, knows the context of the threat and...

You're right. And, without details, there's a limit to what I or anyone on an online message board can tell you. You're the one who came here looking for information. To fail/refuse to provide relevant information and then criticize the volunteers is the height of ridiculousness. Nor am I...

*HIPAA No. Your Rights Under HIPAA. Huh? HIPAA is not enforceable by private litigation.