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Questions Answered by Robert Douglas Kane Jr
1 Answer | Asked in Small Claims for Minnesota on
Q: When a chnge of Venue is ordered what happens? Do you start over?
Robert Douglas Kane Jr
Robert Douglas Kane Jr answered on Jan 5, 2011

If it was ruled improper venue then it would probably dismissed without prejudice and you would probably have to file anew with the correct court. If it is a change of venue the court would probably transfer everyhting to the new court and it would pick up from where it left off. Either way you... Read more »

1 Answer | Asked in Family Law for Minnesota on
Q: How can I find cases where courts have ruled and allowed children to choose which parent to live with?
Robert Douglas Kane Jr
Robert Douglas Kane Jr answered on Jan 5, 2011

It is very unlikley that you will find a case where the child's choice was the only factor used to determine what is in her/his best interest. (Actually you won't.) Numerous factors are considered by the court in making its decision. The child preference MAY be considered by the court.... Read more »

1 Answer | Asked in Consumer Law for California on
Q: How much of a fine is it if I cuss out a collection agency when they call me?

They shouldn't be calling me. The hospital who turned me into them did so after I didn't pay for blood work they should've billed my Medical or Medicare for.

Robert Douglas Kane Jr
Robert Douglas Kane Jr answered on Dec 30, 2010

I am not sure who would fine you. Unless your cussing amounts to criminal act you should not be subject to any fines. I am not aware of any law that gives a collection agency the authority to fine you for cussing.

2 Answers | Asked in Family Law, Juvenile Law and Child Custody for California on
Q: I am a 17-year-old living in California; is there a loophole to becoming an adult early? [details]

I am graduating high school in January 2011 however, will not be turning 18 until August 2011. Is there a loophole in the age of majority law that allows me to visit a friend for a week (without parental consent) without the friend getting in trouble for "harboring a runaway"? The friend... Read more »

Robert Douglas Kane Jr
Robert Douglas Kane Jr answered on Dec 30, 2010

Emancipation is not a loop hole, but a very serious step. You will not be able to reside with your parents and they will have no duty to support you. I am guessing that you want to visit a friend of the opposite sex and your parents do not approve. This step would more than likley put an enormous... Read more »

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1 Answer | Asked in Family Law and Child Custody for California on
Q: Can you help me in re-establishing communication and visitation with my granddaugther?

I had to give the child back to the mother in 2008 when my son was not able to take care of the child. The mother promised both set of grandparents that we would be able to see her during school vacations and talk with her on the phone. We were' cut off from the child in May 2009.... Read more »

Robert Douglas Kane Jr
Robert Douglas Kane Jr answered on Dec 23, 2010

You need to post this in the Nevada law area and/or speak to a Nevada lawyer since the child resides there. I am not familiar with Nevada law, but you may be able to petition for visitation rights.

1 Answer | Asked in Criminal Law for California on
Q: What can i expect in court being arrested for conspieracy and larceny with no evidence
Robert Douglas Kane Jr
Robert Douglas Kane Jr answered on Dec 23, 2010

You can expect to be acquitted if you are charged. It is very unlikely, however, the prosecutor will file changes if she does not have any evidence that you. These are serious charges and you should properly defend yourself if you are charged(i.e. hire an attorney).

1 Answer | Asked in Family Law and Adoption for Minnesota on
Q: If there is an adoption, and children are adopted, do the paternal grandparents have any legal rights?
Robert Douglas Kane Jr
Robert Douglas Kane Jr answered on Dec 20, 2010

No, grandparents have no visitation rights unless established by a court order. These rights are difficult to establish under normal circumstances and most likely impossible after an adoption.

2 Answers | Asked in Intellectual Property for Minnesota on
Q: A book I wrote was pirated and published in Russia, selling 15,000 copies. Is there anything I can do?
Robert Douglas Kane Jr
Robert Douglas Kane Jr answered on Dec 19, 2010

Yes, there may be something you can do. There are protections for unauthorized use. Here is a publication from the US Copyright Office.(http://www.copyright.gov/circs/circ38a.pdf). Obviously, you will need to evaluate your chances of being able to obtain a judgment and collecting it.

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1 Answer | Asked in Collections for Minnesota on
Q: WHERE/HOW DO I GET FORMS TO GARNISHEE A PERSONS WAGES?
Robert Douglas Kane Jr
Robert Douglas Kane Jr answered on Dec 18, 2010

Please visit the Minnesota Judicial Branch website. The appropriate forms should be there.

1 Answer | Asked in Business Law for Minnesota on
Q: Our bank insisted on selling our co for us and things went south, what should we do?

After insisting on selling our company the bank made us sign a voluntart surrender of our assets and failed to do the proper paperwork. They allowed the future buyer to come inside our company and use our equipment, many items disappeared over time. After taking what they wanted they told the... Read more »

Robert Douglas Kane Jr
Robert Douglas Kane Jr answered on Dec 18, 2010

I apologize, but it is impossible to answer this question without further information. You state that the bank "insisted" that you sell, but "made" you sign a voluntary surrender. You should properly defend yourself, and probably file counter claims against the bank. Feel free... Read more »

1 Answer | Asked in Criminal Law for Minnesota on
Q: What can I expect to happen in court with a citation of Obstructing a Legal Process? Do I need a lawyer?

My minor son was detained at a high school game for "disorderly conduct" the officer released my son into my custody and said he would receive a ticket in the mail and that the sergeant would call me later on that night to explain why my son was taken into custody. The officer... Read more »

Robert Douglas Kane Jr
Robert Douglas Kane Jr answered on Dec 18, 2010

Obstructing the legal process can be a very serious charge. It is a very fact specific crime. The possible penalties vary greatly, from a fine to prison time. From your very brief statement it appears you are probably on the lower end, but it is impossible to tell without further information.... Read more »

1 Answer | Asked in Civil Litigation for Minnesota on
Q: Is E-filing allowed in all of Minnesota?
Robert Douglas Kane Jr
Robert Douglas Kane Jr answered on Dec 17, 2010

I believe that Hennepin County has established a pilot program and Ramsey County is soon to follow. At this point, I beleive only certain law firms are involved in the program(s). You may want to check with your specific count to see what its timeline is, and whether you can file by fax.

1 Answer | Asked in Probate for Minnesota on
Q: Is it possible for someone to transfer their probation from another state if they have no family members there?
Robert Douglas Kane Jr
Robert Douglas Kane Jr answered on Dec 17, 2010

Yes, it is possible to transfer probation to another state. I do not believe it is dependant on whether there are family members there or not. It is accomplished on a case by case basis. The probation officer should be the person's first contact.

1 Answer | Asked in Personal Injury for Minnesota on
Q: Where can I find information and court case reviews regarding head injuries in professional football players?
Robert Douglas Kane Jr
Robert Douglas Kane Jr answered on Dec 17, 2010

You can visit your local law library. It probably has a subscription to either Westlaw or LexisNexis.

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: I got a ticket for parking over 24 hours in the same spot, but the gave me no warning and my vehicle was towed

They didnt mark my tires, or leave a ticket on my windshield. i got the ticket when i picked up my vehicle from the impound. is this legal?

Robert Douglas Kane Jr
Robert Douglas Kane Jr answered on Dec 16, 2010

Yes, this is legal. Why would you think you are entitled to a warning?

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