You do not need to file a written response to the summons, unless you are going to contest the jurisdiction of the court over you. What you do need to do, is file an answer to the complaint/petition, which is usually required to be filed, and served upon the other party within 20 days of service.

Generally, a TOD account becomes the property of the remaining owner(s) of the account "upon the death" of the co-owner(s). However, TOD accounts are governed by the contrast/agreement which was signed by the owners of the account. Therefore, you must look to the contract for the answer... View More

A power of attorney to make decisions for a dying person is only as broad as the documents allows (there are limits). Additionally, the power of attorney is only good up until the point where the dying person becomes totally incapacitated. At that point, you would need a Durable Power of Attorney... View More

No, it means the case was originally filed in state court and now the case has been removed to Federal court. Your lawyer can file a Motion to Remand the action back to state court, however, remand of a case which pleads only federal causes of action are usually not remanded.

The statute of limitations for the FLSA (federal law) is up to three years. Your state may have a longer statute of limitations. I suggest you contact a local labor attorney who can help you with the laws in NC.

Age discrimination under Federal law (40 or over) is proven by showing you applied for the position, you were qualified for the position, you were not hired, a person under 40 with less experience was hired. It is a burden shifting, preponderance of the evidence, type trial. The employer will have... View More

I have never heard of a law which requires someone/company to refund money within 30 days. However, you can call your bank and tell them you want to contest the withdrawal because you did not get what you were promised. I hope you used a credit or debit card. Make sure you monitor your account to... View More

Yes, if you actually borrow the money. Mortgages are contracts which outline how the note is to be repaid. The note is also a contract which basically says; here is X amount of dollars to be paid back as outlined on the mortgage. Whether there was an appraisal of the property or not, the note must... View More

A loophole currently exists that allows debt collectors to freeze bank accounts in order to seize veterans' benefits. In an effort to stop this behavior, the Obama administration has proposed a new set of rules published by the Treasury Department.

Banks have been at the mercy of... View More

Yes, the lien can be placed. However, the judgment lienor cannot force the sale of the property because it is a homestead. The lienor would have to wait until the property was no longer a "homestead" such as if the property was sold or you moved away to a new homestead.

The First Amendment is still alive and operational int he United States. No you did not break any laws.

There are basically two issues here; the loan modification and an estate without an executor. You can petition the court to appoint an different person to become the executor of the estate if the person, I assume was mentioned in the will, refuses. As for getting the property loan modification, all... View More

Save all of your canceled checks and if you do not receive the subscriptions you signed up for in a reasonable amount of time, you should file a complaint with the Florida Attorney General's office. You could also file a lawsuit in small claims court and ask the court to waive the filing fees... View More

You can always argue. A pre employment ADR is more difficult to get out of as opposed to an ADR which was entered into during your employment. The court would certainly take into account that you only had 48 hours to accept the agreement if you were to challenge it.

First of all, they have to provide you with the documents they say support their case. As yo read through the charges, you need to think "what documents do they have that will support my side of the story." You must also provide them with any documents you plan on introducing during the... View More

If he is in Dade County, he can file a claim with the small business office of Miami-Dade under the new wage theft ordinance. He can receive up to triple what he was shorted. If he is outside of Dade, contact a lawyer who does employment law. DOL is a bad choice because they cannot recover more... View More

According to the Fair Labor Standards Act (federal) and the Florida Minimum Wage Act (state), you must be paid for every hour you work. Work is defined a suffrage for the benefit of the employer. You can obtain double and sometimes triple the amount you were shorted. Look us up if you need more... View More

also, make sure the proposed order you give to the Judge is the proper form. Ask the clerk of the Court for a copy of the form or call and ask the Judge's chambers.

If you were under duress, then you can plead it. However, aggravated assault against a pregnant woman is a serious crime which you should consult with an attorney before making any decisions about a defense. Ask the judge to appoint a public defender if he has not done so yet.

First read up on the rules you will be arbitrating with. Procedure is VERY important. Make sure your employer follows the proper path. Make sure you request any and all documents from any source that you may need to prove them wrong; having a clean license is more important than wining a defamation... View More