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  1. Civil Procedure Issues: Re: Small Business Filing Countersuit in Small Claims Court

    If by this you mean you want to counter sue for the legal fees incurred in this lawsuit, as well as the lost income (you are a sole proprietor, so you don't have wages), and travel expenses related...
  2. Heirs and Beneficiaries: Re: Sister Died Without a Will. My Brother is Designated As Beneficiary of Her Pensio

    The estate is responsible for paying the bills of the decedent. But financial assets like bank accounts, insurance, etc that pass to beneficiaries designated with the financial institution are the...
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    Re: Incorrect Labeling at Macy’s

    From your own description it sounds like you knew the unmarked item had a higher selling price but went out and found a lower price tag to slap on it for the express purpose of buying that item for...
  4. Harassment: Re: Can I Sign a Document with V.c. (Vi Coactus) After My Name, Instead of Before

    I'll repeat here what I told you in another forum to aid others who may come across this thread.

    I'm sorry to tell you that the Latin phrase vi coactus is not one found in American law. It appears...
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    Medical Records: Re: a HIPAA Violation

    Yes it is legal for the doctor to record the conversation. HIPAA does not regulate recording information; it simply regulates disclosure of protected health information (PHI). Ohio law does not...
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    Legal Research: Re: Until Further Order of the Court

    Then until the court issues an order terminating or modifying the stay it remains in effect as specified in the order. The phrase does not mean until just any order. It means until the court issues a...
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    Legal Research: Re: Until Further Order of the Court

    You have to read the entire order and the exact phrasing used to determine how long any particular provision in order will be in effect. The phrase "until further order of the court" is used most...
  8. Unowned Property: Re: Statute of Limitations for Small Claims Court

    This type of claim is an action for contribution. In that type of action, it is the two year statute of limitations in California Code of Civil Procedure section 339 that appears to apply. In a...
  9. Background Checks: Re: Better Understanding of "Seven Year Rule"

    The problem here is that you have over generalized things. As to state laws, they differ in the details. Some apply restrictions that go beyond just what a "consumer reporting agency" (to use the...
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    Survivors Benefits: Re: Back Pay when SSA is at Fault

    You said: "Her point is that because it was his child (too) she should be entitled to benefits even if they weren’t married."

    Two points about this. First, she never expressly said that she...
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    Survivors Benefits: Re: Back Pay when SSA is at Fault

    The way it works is that you are entitled to get the benefits starting the month you apply and up to six months before you applied for each of those six months that you qualified for the benefits....
  12. Chapter 7: Re: Urgent: in Chapter 7 Bankruptcy, Can They Take From

    The stock you own in the corporation is an asset of yours. You must list that stock in your asset disclosures in the bankruptcy and the stock will be an asset that the trustee may take to satisfy...
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    Re: Identified As Driver Suspended

    Even if officer did not see the OP drive the car, if all the available facts would support the conclusion he had been driving on a suspended license that's going to be good enough. For example, if...
  14. Re: I Want to Have a Video Document of My Kids to Prepare for Evidnce at Hearing

    What is that you want a video to show? If you want it show your interaction with the kids in a visit, you won't get that. A subpoena or deposition of a witness only gets you the ability to ask them...
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    Re: Identified As Driver Suspended

    Bud, the problem is that there is no definition in federal or Indiana appellate case law that defines the term "casual stop". You are making up a definition for the term, but that is your definition,...
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    Re: Identified As Driver Suspended

    Where in the majority opinion (which is the only part of the opinion that is case law) do you find support for the assertion that it is not a casual stop if the officer already had reasonable...
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    Personal Investment: Re: Coca-Cola

    You'll need a lawyer in the country where this is taking place. This site deals with law in the United States, and the laws of each country are different, sometimes very different.
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    Re: Identified As Driver Suspended

    It is if the officer also has reasonable suspicion that the person driving that car is the suspended driver. For example, the person driving appears to look like the driver's license photo of the...
  19. Re: What Are the Children Repsonsibele for when a Person Dies

    Just to be clear, the federal law you cited only prohibits "skilled nursing facilities" (e.g. long term care facilities) from requiring third party guarantees when determining the admission of a...
  20. Re: What Are the Children Repsonsibele for when a Person Dies

    Right, the scope of these laws in the states that have them vary quite a bit, so you have to look at the actual law to see just the potential liability is.
  21. Re: What Are the Children Repsonsibele for when a Person Dies

    That's impossible to know without knowing the actual states involved and seeing how the courts in the relevant states have addressed the issue, if they have addressed it all. Even knowing the states...
  22. Re: What Are the Children Repsonsibele for when a Person Dies

    As you can see from the list jk linked, over half the states have a law that makes a child liable for support of his/her parents at least to some degree. Yet I would bet the vast majority of the...
  23. Re: What Are the Children Repsonsibele for when a Person Dies

    Your assumption may not be correct. Some states have statutes that make adult children responsible to pay support for their impoverished parents or liable for necessary expenses of the parent. Under...
  24. Re: What Level of Services and Fees Should I Expect from an Estate Attorney

    I guess seeing as you are a CA attorney you might feel compelled to defend the CA fee schedule. ;) But the fee schedule only applies to "ordinary work" done; the attorney can seek even more for...
  25. Re: What Level of Services and Fees Should I Expect from an Estate Attorney

    Sadly in California that's true because California is one of the very few states that sets probate attorney and personal representative fee rates by statute as a percentage of the estate. See...
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