Search results

  1. F

    Can old tickets be contested?

    I think lwpat has this one correct. I'm not sure that any written correspondence will change things and that the only authority to reduce the fines is the court. I believe there are occasions where you can submit a written statement if you cannot appear (I know that they used to do that in NY)...
  2. F

    Help

    I'm not sure I understand the note. When you talk about your situation it helps to pretend like nobody is familiar at all. Did the father ever abandon the child voluntarily? If so, that could be used against him in addition to the child support violations. I'm not sure what is going on and you...
  3. F

    police took my fingerprints.. i need some info

    My understanding is that Miranda stands for the notion "anything you say can and will be used against you in a court of law." Your fingerprints are not something you have stated or communicated. They are a fact, like identification. The only technicality I can think of is if you were arrested...
  4. F

    Dividing up the money

    The difficulties of being an executor (all of you who receive property would be "beneficiaries" of the estate.) If your mother died without a will (intestate) the estate would be divided in the manner set forth by your state law. It is set. I think that in most jurisdictions the children would...
  5. F

    Stolen Cell Phone charges

    Knowing many of the top people at a large local BBB, I can tell you it won't help. This is especially the case because what the company did was not a predatory business practice. It isn't their fault at all. It would be nice if they had extra coverage but there isn't a "wrong" that must be...
  6. F

    Consumer Law, Warranties Email Contract Issue

    Always get a signed contract! Doesn't always happen in business but you did the next best thing -- you have a writing that defines the terms of the agreement and you have proof that the company agreed that there was a meeting of the minds when it published the photos. Best thing to do is to...
  7. F

    Can someone please give me a concrete answer?

    Let us start by defining what each term means: Copyright - This is protection for "works of authorship", e.g. the words in a book, the images in a movie or in a graphic file. It has nothing to do with a name, only the result of an effort. Trademark - This is protection for a trade name so...
  8. F

    Gym related injury

    I am not so sure the lady will be compensated although I am sorry to hear that she was injured. To begin, she must have seen the weight plate against the machine when she began to perform the exercise so, at the very least, she is contributorily negligent since she knew it was there. Second...
  9. F

    Pre-employment Polygraph.. Confidential?

    I think this was discussed. Is there any written policy on your application? I am sure it addresses this issue as well as the very likely confidentiality of your test. Additionally, there will be parameters for questioning and you'll know if there is a problem with the results. If you have...
  10. F

    Demotion

    Defamation means that someone else communicated a false statement about you that causes you to suffer a loss of some sort. Here there is no false statement so it would not be defamation. As someone else said, common sense should dictate that you should not use a customer to deal with company...
  11. F

    Stolen Cell Phone charges

    I think that you may be on the hook. Regardless of any other remedy, it would seem likely that you would be required to report the theft within a reasonable period of time. If I remember correctly there is something addressing this issue in the terms of service that you agreed to. Could you...
  12. F

    Consumer Law, Warranties Email Contract Issue

    I wouldn't worry about that. Do you have a signed contract from them? Even if you don't, if you have the last copy you should be able to use it to get paid. I know that some of the people here used to work in the law department of a large publication and they always used to deal with legal if...
  13. F

    Personal Bankruptcy IRA account

    Bankruptcy protection, in addition to federal does vary from state to state. It seems that IRAs are generally exempt although there are exceptions. Don't rely on this rule as you need to have someone look at the specifics and tell you for sure and especially with regard to whether to declare...
  14. F

    banking

    You may wish to notify the appropriate agency that deals with bank regulation. They will not be happy but if they are wrong, then they really deserve it in this case. I have done that before and put a major federal bank in its place.
  15. F

    Arbitration

    Can you explain what happened with the cashier's check and how this was accomplished? How can they claim a lack of responsbility for the fraud -- on what basis? Regarding arbitration, you are correct to some degree. The bank will go after you for the money regardless of what you wish to do...
  16. F

    Bounced Checks from employer

    They haven't paid you 17K and you are still working for them? This is a tough one. To play it safe you may want to first file suit and serve the bank with an information subpoena and restraining order for the amount due plus interest and damages. You know the bank that they have. You'll find out...
  17. F

    Intimidation tactic?

    You may use an attorney in small claims court although it is not required. It sure sounds like a tactic and, if it is for intimidation, you can bet that the small claims court won't like it either. The most important aspect is to determine the basis for the defendant's alleged defense. Why does...
  18. F

    complaint for slander

    Why would you pay money for an alleged bad act that you claim you are not guilty of committing? I'm not sure that slander is a cause of action that is actionable in Small Claims Court. You should check the local rules with the clerk's office who can point you in the right direction or send...
  19. F

    getting your atty fees returned for wrongful suit

    Just because the defendant's attorney says that the case has no merit doesn't mean much -- every response says the same thing. Whether the attorney should have known he had no case is another thing. This is a question of whether there is malpractice and that is a sticky issue. The best thing to...
  20. F

    Suing an LLC

    If you sued the LLC and the defendant it may be possible to collect from both. I'm not sure how your case was organized but I'd venture to say that unless the landlord wants trouble (report him to the state agency or freeze his bank accounts with the help of the court) then I would worry about...
Back
Top