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Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
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M
Does an (apparently) jointly owned car have to go through probate?
What is the name of your state (only U.S. law)? Florida I'm helping my dad sort out my mom's estate. Most everything is pretty well in order, or at least seems to be (my mom was the planner, my dad is kind of head-in-the-clouds.) But the lawyer who is handling the estate is out of the country...- msincognito
- Thread
- Replies: 4
- Forum: Probate and Personal Representatives
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M
What happens to unused vacation pay if company is bought?
What is the name of your state (only U.S. law)? Florida Current company paid-time-off policy is this: Employees who leave the company, either voluntarily or as a result of a firing or layoff, are entitled to a payout of any accrued, unused PTO. The company has a use-it-or-lose-it policy in...- msincognito
- Thread
- Replies: 3
- Forum: Wage & Salary Issues
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M
Fighting a seat belt ticket
What is the name of your state (only U.S. law)? Florida Florida requires drivers to wear a seat belt, but it's not a primary offense - you can't get stopped for a seat-belt violation alone, unless you're under 18 or have a child in the car. I'm bad about wearing mine, I freely admit this. But...- msincognito
- Thread
- Replies: 6
- Forum: Speeding and Other Moving Violations
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M
Modifying a custody agreement/judge didn't listen
What is the name of your state? Florida Here is the situation: Brother and ex-SIL share custody of my 16 year old niece, with XSIL being custodial parent. They split when she was almost 9. XSIL also has two children from a prior marriage, one of whom is a 23-year-old who got into a very...- msincognito
- Thread
- Replies: 3
- Forum: Child Custody & Visitation
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M
Does arbitration clause in purchase contract bind for faulty maintenance?
What is the name of your state? Florida My parents bought a new car a few months ago from a local dealership. A few weeks ago, in preparation for their first road trip in the car, they took it in to the same dealership to have its first service. While changing the oil, the tech somehow managed...- msincognito
- Thread
- Replies: 0
- Forum: Consumer Contracts, Guarantees and Warranties
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M
Minimizing the agony - popped for DWLS in Florida
What is the name of your state? Florida I did something - well, a series of somethings - wholly idiotic and now I need to know if hiring an attorney will help me extricate myself from the mess. Last night I was stopped for a broken taillight. Turns out my license has been suspended since...- msincognito
- Thread
- Replies: 4
- Forum: Speeding and Other Moving Violations
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M
Do I have a lawsuit for Slander &/or Defamation??? Please help!!!
I Am Always Liable is mostly correct. Accusing someone of a crime is slander per se (as our lawyers attempt to drum into us oh, about twice a week.) As such, the plaintiff does not have to meet such a high standard of proving malice, and it's much easier to claim emotional distress damages...- msincognito
- Post #22
- Forum: Libel / Slander / Defamation
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M
my deceased mother's friend opened a non-profit corporation using my sisters name
Unfortunately it sounds as if the police are casting it as a business dispute between friends. But if they really did obtain credit in your sister's name without proper authorization it's identity theft. The FTC handles this, I believe. You also need to call all three credit bureaus and put a...- msincognito
- Post #3
- Forum: Civil Litigation
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M
threat of suit with copied documents
Why do they think you copied their house plans? And what are they asking you to do to avoid a lawsuit? If this is someone who designs houses for a living and often catches people ripping off his/her plans(sounds like it) you better expect they've got experienced legal counsel on this issue. You...- msincognito
- Post #12
- Forum: Civil Litigation
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M
Victim carjacking Do I have to testify in NY
Judges can (and do) issue bench warrants for non-appearing witnesses. Are you subpoenaed to appear at trial or is this a deposition? If it's a jury trial you're trying to skip, you can pretty much count on some kind of attention from the court. If it's a depo and the case has not proceeded very...- msincognito
- Post #4
- Forum: Arrests, Searches, Warrants & Procedure
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M
This guy needs to pay, Do you agree?
Wouldn't insurance make him even more "viable?" Two pockets to hit as opposed to one?- msincognito
- Post #11
- Forum: Libel / Slander / Defamation
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M
Assistant is trying get me fired
I don't see anything illegal here. Not nice. But probably not illegal. Level with your CEO about your interest in another position. It will give him/her time to think about what kind of counteroffer s/he wants to make.- msincognito
- Post #2
- Forum: Libel / Slander / Defamation
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M
messy divorce and malicious reporting
Having worked as a reporter for both trade publications and general-circulation newspapers, I can back up what Megan is saying. No "real" trade publication will have any interest in a minor criminal charge committed by someone unless it has very significant business repercussions (for example...- msincognito
- Post #5
- Forum: Libel / Slander / Defamation
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M
Seller wants more $ after title change
Did you sell her the car that is now breaking down? (I'm asking because of your "I'm not a mechanic" remark) If so, how much time elapsed between the time she signed over the truck to you and the time you sold her the car? If you sold her the car, did you make any representations about its...- msincognito
- Post #6
- Forum: Consumer Contracts, Guarantees and Warranties
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M
Unnecessary death of unborn son.
Amendment 3 took effect Nov. 3. Your attorney might be able to find a way to get you in under the old rules. (ellencee is on-target about the impact of Amendment 3 on plaintiffs.) I am sorry for your loss.- msincognito
- Post #20
- Forum: Medical and Health Care Malpractice
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M
Internet Slander
I'm not clear on the issue. Is this someone who is representing that you personally are associated with this site? Or is it someone whose name and description are similar enough to yours that you are worried there will be some confusion? In the second case, there's probably not much you can do...- msincognito
- Post #3
- Forum: Libel / Slander / Defamation
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M
Police officer stops me from kissing my girlfriend
What time was this, and what time does the park close? If you were there after hours, that might be the basis for the officer's actions. Of course, there might be other reasons. By the way, who's your daddy?- msincognito
- Post #5
- Forum: Civil Rights & Discrimination Law
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M
rape - slander
So only bad guys have/need/use civil liberties? That's one of the most insidious, dangerous notions around. If good people don't assert their rights under the law, the assumption will soon be that the every person who asserts his or her rights is up to no good. The most basic right in the...- msincognito
- Post #10
- Forum: Libel / Slander / Defamation
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M
Are opinions considered libel?
You can defend against a claim of libel by saying that what you wrote is "pure opinion." To be considered "pure" an opinion must be "personal comment about another’s conduct, qualification or character that has some basis in known or disclosed facts . . . You are "constitutionally permitted to...- msincognito
- Post #3
- Forum: Libel / Slander / Defamation
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M
Avoiding an undue influence claim/ other problems (long, sorry)
I don't have much more information, but what you've said has been helpful - thanks you very much :) It looks as if there are additional things they can consider, assuming they haven't already been done. Is a trust set up just a few months before a person's death more likely to be challenged? I...- msincognito
- Post #3
- Forum: Wills, Trusts and Estate Planning
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