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Questions Answered by Burton A. Padove
1 Answer | Asked in Criminal Law for Indiana on
Q: Federal court and Indiana state court ordered to make payments toward a same balance. Is this double Jeopardy?
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answered on Jul 6, 2011

Double jeopardy is a criminal law concept. It sounds as if these are judgments in a civil case, so double jeopardy would not apply.

1 Answer | Asked in Criminal Law for Indiana on
Q: My 16yr old was caught stealing from a store, the court charged him with a felony. Is there anything I can do now?

He had $90 worth of alcohol (and 2 friends helping him) the court papers state him as a delinquent child and then charge him as an adult with a Class D Felony. He wants to join the military and this is ruining his chances!! He was 16, I don't understand how this is still hurting him at... View More

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answered on Jul 6, 2011

You should contact a criminal law attorney. Perhaps a sentence modification can be obtained.

1 Answer | Asked in Medical Malpractice for Illinois on
Q: What are my chances of filing a malpractice suit after the two year statue of limitations/

I had 2 lower dental implants put in 25 months ago so my denture would stay in place. The followups have been ongoing since that time. My lower denture still will not fit properly or stay in place. I continue to go back and forth between my regular dentist and the dental lab. I still feel that the... View More

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answered on Jul 6, 2011

Without seeing the medical records, it is impossible to say. However,

most attorneys will not take medical malpractice cases for dental injuries absent permanent nerve damage, brain damage or death.

1 Answer | Asked in Real Estate Law for Illinois on
Q: My ex live in partner and I have a mortgage together, if he refuses to pay what are my options
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answered on Jul 6, 2011

If you can afford it, refinance and buy him out. If not, then you need to sell and pay off the mortgage. Another possibility is to rent the property for the amount of the mortgage, etc., or take in someone to share the expense. If you dont want to have renters, and he will not agree, you can sue... View More

2 Answers | Asked in Estate Planning for Illinois on
Q: Do I need a lawyer to change my moms will or can i print one off the internet and fill in?Where do I look it up at?
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answered on Jul 8, 2011

If your mother is a senior citizen she may qualify for free legal services depending on where she lives. Prairie State Legal Services is one possibility so is Legal Aid in Cook County. Additionally, many law schools offer discounted services. These options are far better than using a form that... View More

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2 Answers | Asked in Employment Law for Indiana on
Q: Former employer informed many business owners I stole $100K from him. Untrue. Defamation?
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answered on Jul 7, 2011

Absolutely untrue. You also may have other causes of action.

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2 Answers | Asked in Bankruptcy for Indiana on
Q: I want to return my mortgage back to the bank.do i have to keep on with the mortgage payments after returning the house
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answered on Jul 8, 2011

Unless you are talking about a deed in lieu of foreclosure, where the bank forgives the loan and accepts owenership of the property by deed, you will have to keep up on the mortgage, insurance and taxes.

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2 Answers | Asked in Family Law for Indiana on
Q: Filed for divorce now my husband won't let me see the kids without him present.police won't help me.no money to hire

Lawyer he cleared bank account.We had a written agreement about visiting the children and he broke it by going home early while i was at work and my mom was at the house watching them. i had asked him to please stay out of the house while it was my day because he had followed me around yelling and... View More

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answered on Jul 6, 2011

If there is not a court order, you need to ask a court to approve your written agreement. At that point, the agreement can be enforced by the court and if he violates the order, he can be held in contempt by the judge. You may be able to qualify for pro bono services or if you live in an area... View More

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2 Answers | Asked in Family Law for Indiana on
Q: If paternity has not been established for a child and the father is deceased, can the paternal grandmother take custody?
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answered on Jul 6, 2011

Under certain circumstances, yes. For example, if the child lived with the paternal grandmother even though paternity was not established, she may be considered to be a de facto custodian and would have rights under Indiana Law.

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2 Answers | Asked in Family Law for Indiana on
Q: If child support checks were mailed and I moved and they were sent back how do i track them?
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answered on Jul 6, 2011

Indiana has a central processing center for child support payments. You can learn more at the Child and Family Services website. You can actually register there and check online for the last 5 payments made.

Also, you should file a change of address in the court case where child support...
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2 Answers | Asked in Domestic Violence for Indiana on
Q: In a domestic dispute can a Lieutenant from Louisville Metro Dept of Corrections come over and get someone evicted
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answered on Jul 19, 2011

It is not likely that a law enforcement officer from another state can evict you.

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2 Answers | Asked in Civil Litigation for Indiana on
Q: Mt attorney is claiming he has filed for me Why can't I find It?
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answered on Jul 7, 2011

In addition to Terry's advice, why dont you just ask your attorney to send you a file stamped copy of what was filed?

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2 Answers | Asked in Collections for Indiana on
Q: What if i fail to pay a judgment
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answered on Jul 19, 2011

In addition to what Michael stated, the judgment holder may sell the and assign the judgment to a collection ageny who will proceed against you.

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1 Answer | Asked in Family Law for Indiana on
Q: If a parent leaves a 12 yr old with family friends for months, can the family friends go for custody?

Abusive parents decides they don't want to deal with their 12 almost 13 yr old daughter, so instead of the parents putting her in foster care or some sort of facility again, they leave her with family friends for 3 months to a yr. Is it possible for that family to try and take guardianship or... View More

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answered on May 30, 2011

Based on the information presented, it sounds as if you would have a claim for custody based on the 'de facto custodian" statute.

1 Answer | Asked in Family Law for Indiana on
Q: In a dissolution of marriage where a child was born before marriage, how does the respondent reply in a written form?
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answered on May 30, 2011

Could you please repost as I am not sure about what you are trying to accomplish. Thank you

2 Answers | Asked in Real Estate Law for Indiana on
Q: A neighbor's tree fell on my home. Who pays to remove it and dispose of it properly?
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answered on May 30, 2011

I would proceed in a way that will be quickest for you. File a claim with your homeowner's insurer. They will pay you promptly and go after your neighbor. the alternative is to contact the neighbor's insurer directly.

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1 Answer | Asked in Medical Malpractice for Indiana on
Q: I had a hip replaced nov.22,2010 and it has fell out 12 times been replaced 4 and I', in the hospital now I had a DNR

What can i do I woke up in ICU 2 1/2 days

after the operation even with the DNR.And I have ask what hip was put in 3 or 4 times and i'm always told they dont know -now I have a staff inf.

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answered on May 30, 2011

I am sorry to read about your issues. I am not exactly sure what you are asking. It may be that you have a malpractice case or possibly a products liability case. You may even be part of a class action depending on who the manufacturer of the hip is. Please contact me or another injury lawyer... View More

2 Answers | Asked in Uncategorized for Indiana on
Q: How can a deaf person submit himself for cross examination
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answered on May 23, 2011

There would be a need for someone who knows sign language to interpret. This is no different then if the witness only spoke a foreign language.

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1 Answer | Asked in Estate Planning for Indiana on
Q: No will however deceased has 2 minor childr from 1st marriage- are they entitled to share of estate
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answered on May 23, 2011

Under the intestate laws, yes.

1 Answer | Asked in Estate Planning for Indiana on
Q: Q: Rephrase: I inherited a house and all of its contents. A safe is in the house. Do I not own the contents of the safe?
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answered on May 23, 2011

Yes. However, if there is a deed for property naming someone else, you would not be entitled to the property in the deed.

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