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    appeal against summary judgment dismissal

    The points NYClex makes are valid and good about renegotiating. At times there will be judges who completely miss the point and it is no fault of the attorney. Appeals are not usually free and see what you can work out with the attorney. Remember that he did do a great deal of the leg work for...
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    statue of limitations

    I don't know how anyone can help. I'm surprised your brother in law didn't tell you that he would press charges to get the insurance money. That's a choice between the two of you how to handle it. You are the one who would be responsible for the damages and unless you agreed to pay for them then...
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    illegal title from bank

    Couple of things. Your wife did not need to be notified about son's default on the note. I doubt they repoed the truck so quickly as they rarely do. With regard to the odometer being rolled back, I'm not sure what is going on. Are you telling me that when it was repoed it had 48K miles on it and...
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    wrong venue and 8 months past statute

    What is it that you need resolved at this point? Do you want to go after the other driver for your damages? It sounds like the case against you was dismissed. If not then the remedy to overturn the judgment against you is an order to show cause -- but I don't think that they can enforce the...
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    Shoplifting, Larceny, Robbery, Theft How important is it that the miranda rights be read before questioning

    Re: Question OK, so here is the problem. Your son knew these two other guys. That isn't good because he can go to jail as a participant in the crime. It doesn't matter that he wasn't holding a gun. I don't know what the potential sentences are but this is now complicated. NYClex has given...
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    Shoplifting, Larceny, Robbery, Theft How important is it that the miranda rights be read before questioning

    I'm sorry to hear about your son and hope that things go better for him... but he is in a heap of trouble and some things don't add up to me and maybe you can explain. Miranda warnings only concern statements made by your son being used against him. They do not concern other facts of the case...
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    Pre-Employment Polygraphs (public sector)

    This should be a part of your employment application which should have a clause with regard to release of information and limited to the department or persons whom shall have access. If it doesn't then you should raise it and not sign anything until it does. I think you would have access to your...
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    Question concerning backup witholding

    I guess why pay for prepaid legal services when you can come here! :D If you are an independent consultant then the rules are completely different tnan if you were an employee. I think that the W9 is supposed to certify that you are not subject to backup witholding and that doesn't mean that...
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    The Law Journal

    What is the problem with using these names. It seems to me they are different types of publications, one being more of a trade professional nature and the other being law school or academic in nature.
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    banking

    I misread a bit. I didn't realize that the bank sent the check to Social Security and thought that they sent the check back to our poster. If the bank did that then I'd be furious too but I'd go to the bank and put them on the hook to put out the money. It wasn't their check to send back. The...
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    Did I Verbally Commit?

    If you didn't sign a contract then I'd say the chances of you seeing him in court are very small. In order for there to be a contract there has to be a meeting of the minds with regard to the specific details. It sounds as though there was an informal agreement as to certain terms but not other...
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    Corporate Law Is LLC a personal asset

    The LLC is like a separate entity. If it gets sued then your personal assets are protected (although the half in the LLC is the property of the LLC.) At the same time, if you are sued personally, your equity in the LLC can be seized.
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    Timeshare Question

    I don't doubt that there could be much fraudulent activity and churning going on. This makes dealing with a reputable company that much more important. It sounds like to me that the exchange company doesn't want to deal with the hassle of having another party claim to own your vacation time...
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    could i be arrested

    You want to find out what is going on with whom? The bank really isn't your problem as much as the companies could be. If you haven't looked at your credit report, it might be a good time ot start. You wrote several checks with the knowledge that you had insufficient funds in your account and in...
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    banking

    What's all the concern about? Perhaps they had a computer system in place that warned of checks being deposited after death to prevent fraud. it would seem that all you have to do is speak to the bank and it would be cleared up pretty easily. Not worth any fuss really.
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    minor door ding

    You would not be responsible for that person's windfall. They won't get a full free paint job on you and if they go through with it then they are most likely to get the value of the repainting of the door in its entirety. It sounds to me that they are trying to get the very best, top of the line...
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    what state to I file in?

    Virtually all small claims courts are limited in jurisdiction to suits in the county where the defendant is located. The plaintiff's location is irrelevant for the most part.
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    Copyright of purchaser?

    A copyright exists once a "work of authorship" is "affixed in a tangible medium." Simply put, if you write it down or in a similar fashion, it is automatically copyrighted. Proof is another issue. The right to the copyright is different than the right to the physical copy of the work. For...
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    Visitation Agreement

    Perhaps she is wrong and you can tell her to get lost. Are we missing some vital information? Couple of legal points. A contract is a meeting of the minds. It requires one party to make an offer, another to accept and for there to be an exchange of something of value (consideration.) Here...
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    Defamation

    The world definitely needs people like you who help the needy. I don't understand why your friends all won't help you and why you are left alone especially when the elder was getting rid of the Pastor. What happened to everyone else? How about the congregation? Why is everyone going along...
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