Questions Answered by William John Light
Q: Can credit card companies garnish a social security check and a pension check?
William John Light's answer
If you deposit Social Security monies into a checking or savings account, the credit card company can garnish, which you can then dispute. My understanding is that up to two months' worth of Social Security benefits deposited into a bank account or on a prepaid card are exempt from garnishment. If you receive $1,500 per month in Social Security, your bank should exclude up to $3,000 in your account from being seized, but money beyond that is subject to garnishment.
If funds are...
If you deposit Social Security monies into a checking or savings account, the credit card company can garnish, which you can then dispute. My understanding is that up to two months' worth of Social Security benefits deposited into a bank account or on a prepaid card are exempt from garnishment. If you receive $1,500 per month in Social Security, your bank should exclude up to $3,000 in your account from being seized, but money beyond that is subject to garnishment.
If funds are...
Q: I want to file a civil law suit against my ex who raped me. Do statute of limitations apply?
William John Light's answer
The statute of limitations for sexual battery is 3 years. Talk to an attorney asap.
The statute of limitations for sexual battery is 3 years. Talk to an attorney asap.
Q: I suffer from chronic debilitating migraines and have been admitted to the e.r. multiple times for symptoms triggered
3 Answers
| Asked
in
Personal Injury, Products Liability and Landlord - Tenant
for
California
on
Answered on Feb 14, 2019
Answered on Feb 14, 2019
William John Light's answer
File a complaint with the Dept. of Fair Employment & Housing. Your fragrance sensitivity might be a disability that requires reasonable accommodation. https://www.dfeh.ca.gov/complaint-process/file-a-complaint/
File a complaint with the Dept. of Fair Employment & Housing. Your fragrance sensitivity might be a disability that requires reasonable accommodation. https://www.dfeh.ca.gov/complaint-process/file-a-complaint/
Q: I have a chronic illness ie:IBD and was denied access to use the restroom at Goodwill in Ca. What are my rights?
William John Light's answer
There is no "card from the ADA". The ADA a statutory enactment. It does not exist as an entity that issues cards.
With respect to your right to access, the ADA in general requires accommodation to disabled persons so that they may enjoy the use of facilities that are offered to able bodied persons. To not do so is a form of exclusion of the disabled and is, therefore, discriminatory in practice.
Businesses are allowed to restrict bathroom access to employees, unless there is...
There is no "card from the ADA". The ADA a statutory enactment. It does not exist as an entity that issues cards.
With respect to your right to access, the ADA in general requires accommodation to disabled persons so that they may enjoy the use of facilities that are offered to able bodied persons. To not do so is a form of exclusion of the disabled and is, therefore, discriminatory in practice.
Businesses are allowed to restrict bathroom access to employees, unless there is...
Q: My dog broke our fence and bit a dog that was provoking it, am I legally responsible for the veterinary bill?
William John Light's answer
Yes, you are liable. You have a duty to provide adequate fencing for your dog. You were in violation of the applicable leash law when your dog left your property due to your failure to have a safe fence. Further, if your dog is so violent that it will destroy a fence to attack another dog, you should have obtained some behavioral training for it.
Notify your homeowner's insurance. It may defend and indemnify you, up to policy limits, as long as you don't have an exclusion for...
Yes, you are liable. You have a duty to provide adequate fencing for your dog. You were in violation of the applicable leash law when your dog left your property due to your failure to have a safe fence. Further, if your dog is so violent that it will destroy a fence to attack another dog, you should have obtained some behavioral training for it.
Notify your homeowner's insurance. It may defend and indemnify you, up to policy limits, as long as you don't have an exclusion for...
Q: I agreed to watch a dog for a month on Rover.It was paid before but they keep extending it without pay.What should i do?
William John Light's answer
First of all, contact Rover. It is the entity that set up the agreement by which you have possession of the dog. That agreement may alter ordinary rights you might have under California law.
https://support.rover.com/hc/en-us/articles/206197553-What-do-I-do-if-I-have-concerns-about-the-well-being-of-a-dog-in-my-care-
https://support.rover.com/hc/en-us/articles/214702183-What-is-the-Rover-Resolution-Center-
However, if you agreed to accept payment for the extended stay...
First of all, contact Rover. It is the entity that set up the agreement by which you have possession of the dog. That agreement may alter ordinary rights you might have under California law.
https://support.rover.com/hc/en-us/articles/206197553-What-do-I-do-if-I-have-concerns-about-the-well-being-of-a-dog-in-my-care-
https://support.rover.com/hc/en-us/articles/214702183-What-is-the-Rover-Resolution-Center-
However, if you agreed to accept payment for the extended stay...
Q: My neighbor threatening to kill my dog, if he keep going to his front yard (just sniffing around) while we’re
William John Light's answer
There are several statutes that authorize the killing of dogs, mostly pertaining to dogs that kill or harass livestock or poultry. However, your neighbor would certainly be able to claim that the dog was a danger to himself or his family and he killed it for that reason. You wouldn't be able to dispute this since you weren't there while your dog was wandering around his property. In other words, keep your dog on your own property and you won't have this problem.
There are several statutes that authorize the killing of dogs, mostly pertaining to dogs that kill or harass livestock or poultry. However, your neighbor would certainly be able to claim that the dog was a danger to himself or his family and he killed it for that reason. You wouldn't be able to dispute this since you weren't there while your dog was wandering around his property. In other words, keep your dog on your own property and you won't have this problem.
Q: If my injury is the result of a crash by another driver and I am injured, am I able to sue them to pay for my therapy?
William John Light's answer
You are massively underselling yourself and harming your own interests. You need a lawyer. If you need an appendectomy, would you do it yourself? Studies show that people who are represented by an attorney get more, net in their pocket, than people who try to represent themselves.
You do not sue for the cost of physical therapy, and especially not for the portion of the cost that your own medical insurance did not pay.
You sue for all of the harm that you were caused: the...
You are massively underselling yourself and harming your own interests. You need a lawyer. If you need an appendectomy, would you do it yourself? Studies show that people who are represented by an attorney get more, net in their pocket, than people who try to represent themselves.
You do not sue for the cost of physical therapy, and especially not for the portion of the cost that your own medical insurance did not pay.
You sue for all of the harm that you were caused: the...
Q: I was at-fault in a car accident last year. I am a California resident.
William John Light's answer
Tell your insurance to offer your policy limits to settle the case and that you have no personal assets to add to the settlement, and to communicate to the plaintiff that if an excess judgment is entered against you, you will file for bankruptcy. Your IRA should be protected from creditors in a bankruptcy proceeding, based on a 2005 Supreme Court ruling. https://www.trustetc.com/resources/education/articles/supreme-court-ruling
Confirm with a judgment collection/bankruptcy attorney....
Tell your insurance to offer your policy limits to settle the case and that you have no personal assets to add to the settlement, and to communicate to the plaintiff that if an excess judgment is entered against you, you will file for bankruptcy. Your IRA should be protected from creditors in a bankruptcy proceeding, based on a 2005 Supreme Court ruling. https://www.trustetc.com/resources/education/articles/supreme-court-ruling
Confirm with a judgment collection/bankruptcy attorney....
Q: What are my options?
William John Light's answer
Tell her you are going to surrender them to animal control unless picked up by a date certain, with reimbursement for your out of pocket expenses. If you want to keep them, adopt them from animal control.
You cannot just claim that the animals are yours now because she didn't pick them up two weeks ago.
Tell her you are going to surrender them to animal control unless picked up by a date certain, with reimbursement for your out of pocket expenses. If you want to keep them, adopt them from animal control.
You cannot just claim that the animals are yours now because she didn't pick them up two weeks ago.
Q: What is a reasonable percentage to give the lawyer?
William John Light's answer
1/3 to 2/5 is normal, although that can change depending on the case and whether attorney fees are recoverable. If you interview other lemon law attorneys, you will find out what is common for that area of law.
1/3 to 2/5 is normal, although that can change depending on the case and whether attorney fees are recoverable. If you interview other lemon law attorneys, you will find out what is common for that area of law.
Q: I re-homed a puppy I rescued. It's been 3 months since the re-homing was finalized. New owners not responding, dog MIA
William John Light's answer
You gave the dog away. You have no right to come back and judge whether the new owners meet some undefined standard of care by which you are going to evaluate them. The dog is theirs now and you should move on.
You gave the dog away. You have no right to come back and judge whether the new owners meet some undefined standard of care by which you are going to evaluate them. The dog is theirs now and you should move on.
Q: wife died while I was in jail roommate said he would care for my dog. homeless now his sister won't give my dog back.
William John Light's answer
If the dog is still yours, and someone is keeping it, that is a form of theft. Contact the police, even though they might not do anything.
You might also consider suing in Small Claims for the value of the dog and/or an order for its return to you. If you sue, bring all evidence that the dog is yours, along with some kind of proof of value (receipts, offers for sale of similar dogs, etc.).
Plaintiff’s Claim and ORDER to Go to Small Claims Court; Form SC-100 (Lawsuit for...
If the dog is still yours, and someone is keeping it, that is a form of theft. Contact the police, even though they might not do anything.
You might also consider suing in Small Claims for the value of the dog and/or an order for its return to you. If you sue, bring all evidence that the dog is yours, along with some kind of proof of value (receipts, offers for sale of similar dogs, etc.).
Plaintiff’s Claim and ORDER to Go to Small Claims Court; Form SC-100 (Lawsuit for...
Q: Is there time restraints in a civil personal injury case? Can a big-time insurance company drag it on?
William John Light's answer
If you are in pre-lawsuit negotiations, the insurer doesn't have to do anything. If you aren't represented by an attorney, I wouldn't expect that the insurer will do much.
If you haven't filed, you generally have two years in a personal injury suit to file suit under Code of Civil Procedure section 335.1.
(https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=335.1).
After you have filed, you generally have five years to bring...
If you are in pre-lawsuit negotiations, the insurer doesn't have to do anything. If you aren't represented by an attorney, I wouldn't expect that the insurer will do much.
If you haven't filed, you generally have two years in a personal injury suit to file suit under Code of Civil Procedure section 335.1.
(https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=335.1).
After you have filed, you generally have five years to bring...
Q: the federal court asked for an amended complaint. do i need my exhibits to submit the amended complaint?
2 Answers
| Asked
in
Personal Injury, Civil Rights and Medical Malpractice
for
California
on
Answered on Jan 30, 2019
Answered on Jan 30, 2019
William John Light's answer
If your amended complaint references exhibits, they need to be attached. Ordinarily, complaints do not need exhibits. Your tags indicate that your case involves medical malpractice. You have a 0% chance of winning a malpractice case by yourself. Experienced attorneys lose a lot of their medical malpractice cases. Doctors have all the built in advantages. Please consult with some attorneys about your case before progressing further.
If your amended complaint references exhibits, they need to be attached. Ordinarily, complaints do not need exhibits. Your tags indicate that your case involves medical malpractice. You have a 0% chance of winning a malpractice case by yourself. Experienced attorneys lose a lot of their medical malpractice cases. Doctors have all the built in advantages. Please consult with some attorneys about your case before progressing further.
Q: My dad and uncle are taking care of my dog since I cant have it where I live. My uncle is threatening me to give heraway
William John Light's answer
Sound like you need to find another home for your dog. You can't force your uncle to take care of him. He doesn't want the dog at his home anymore and has informed you of that. If you don't pick up the dog, he might be able to argue that you abandoned it. He would then be free to find another home for it.
Sound like you need to find another home for your dog. You can't force your uncle to take care of him. He doesn't want the dog at his home anymore and has informed you of that. If you don't pick up the dog, he might be able to argue that you abandoned it. He would then be free to find another home for it.
Q: I was in a 3 car chain reaction accident. What if at fault drivers insurance is not enough to cover both vehicles? CA
William John Light's answer
No one is getting covered "instead of" you. You get covered proportionally. If the value of the three cars is $75,000, and your car is worth $7,000, the you get 9.3% of the total property damage settlement ($7,000/$75,000 = 9.3%). If the property damage limit is $5,000, you get $465 ($5,000 x .093). You took the risk by not purchasing collision insurance. You can also refuse settlement and attempt to force the other driver to contribute personally to the settlement to increase your take....
No one is getting covered "instead of" you. You get covered proportionally. If the value of the three cars is $75,000, and your car is worth $7,000, the you get 9.3% of the total property damage settlement ($7,000/$75,000 = 9.3%). If the property damage limit is $5,000, you get $465 ($5,000 x .093). You took the risk by not purchasing collision insurance. You can also refuse settlement and attempt to force the other driver to contribute personally to the settlement to increase your take....
Q: I recently went to a dog pound ro adopt a dog and they ask if we had a fenced in yard and and we said no wotch was fine
William John Light's answer
The "dog pound" is within its rights to restrict adoption of its dogs to persons with a fenced yard.
The "dog pound" is within its rights to restrict adoption of its dogs to persons with a fenced yard.
Q: Neighbor called animal control on my dog to take her away from us because she got out. She knows it's our dog and didnt
William John Light's answer
She is entitled to call Animal Control if your dog is loose, even if she knows to whom the dog belongs.
She is entitled to call Animal Control if your dog is loose, even if she knows to whom the dog belongs.
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