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Questions Answered by Burton A. Padove
1 Answer | Asked in Estate Planning for Indiana on
Q: The will says that I get the house and all its contents. Doesn't that include all of the contents of the safe?
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answered on May 23, 2011

Absent any language stating to the contrary, yes

1 Answer | Asked in Libel & Slander for Indiana on
Q: I have been slandered by someone on facebook. Should I sue?
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answered on May 23, 2011

To some extent, the answer depends on what the nature of the false statement is and how you have been damaged. Based on the limited information provided, I cannot be any more specific.

2 Answers | Asked in Family Law for Indiana on
Q: Motion of Contempt in Indiana State

I just filed (Motion of contempt for parenting and visitation order)few days ago. How long is the response time? Im the petitioner, and the x-wifey violated the court order. Can she be punished if found at fault?

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answered on May 23, 2011

There is no response time. The matter will be set for a hearing if you requested a hearing date. She could be found in contempt of court and sanctioned. Exactly what the punishment will be is up to the judge.

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1 Answer | Asked in Uncategorized for Illinois on
Q: What should be the summon date to the appearance date in Illinois?
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answered on May 21, 2011

The answer depends on what kind of case is being filed.

1 Answer | Asked in Uncategorized for Illinois on
Q: Can a Certified Occupational Therapy Assistant be disciplined for adultery?
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answered on May 21, 2011

Your question is vague. Is the adultry related to her profession in some way?

1 Answer | Asked in Uncategorized for Illinois on
Q: What does summons - retd n.s. mean?
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answered on May 21, 2011

That means the summons was not served.

1 Answer | Asked in Uncategorized for Indiana on
Q: I NEED A SUMMONS OF PUBLICATION FORM FOR INDIANA
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answered on May 21, 2011

Look in the legal classifieds for the largest paper in your county for such a summons and use it as a template to draft your own.

1 Answer | Asked in Criminal Law for Indiana on
Q: Would a lawyer be recomemded to have charges from the DCS dismissed, and what type of lawyer would handle this case?

My son received papers from the DCS stating the charges of sexual misconduct with a minor were substantiated. The girl(14 years old) states they had sex, my son (19 years old) states they did not. Their evidence is based on the girls testimony alone according to the DCS documents we received. How... View More

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answered on May 21, 2011

Sometimes, the charges that are asserted can have criminal implications.vvUsually, a family law lawyer or a criminal lawyer handles these kinds of cases.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Should a 86 year old single senior living on sosial security income file for bankruptcy to discharge a credit card debt

Income does not permit to make any kind of payment to payoff the balance of the account. Balance approximatly $5000.00 and getting larger due to interst and late fees. At this time the account is in collectors hand and they demand full payment now.

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answered on May 21, 2011

If that is his only debt and he has no other assets, I would not file a bankruptcy.

1 Answer | Asked in Small Claims for Indiana on
Q: What is a Verified Motion in Proceedings Supplemental and Interrogatories?
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answered on May 21, 2011

It is a pleading filed in court and served upon a company that has an asset of the defendant or his employer. Its purpose is to confirm that the gartnishee defendant ( the person or company served)has money or an asset of the defendant that the plaintiff may be able to obtain in payment of the... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: Why or how would an Attorney that practices auto acidents, personal injury and real estate law take on a criminal case?
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answered on May 21, 2011

Why dont you ask that particular lawyer. It could be that he or she has experience defendingthat particular type of crime. It may not be that complex. There could be a number of different reasons.

1 Answer | Asked in Child Support for Indiana on
Q: DO I NEED A SEPERATE ORDER SUBMITTED WITH AGREED ENTRY TO STOP CHILD SUPPORT OR CAN THE JUDGE SIGN THE AGREED ENTRY TOO?
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answered on May 21, 2011

That would depend on the practices of that Judge. I would play it safe and submit both to the judge,

1 Answer | Asked in Child Custody for Indiana on
Q: What form do I use to notify the custodial parent of my intentions to move out of state.
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answered on May 21, 2011

There is no form. You are required to provide notice pursuant to the Indiana Relocation Statute. You may be able to hire an attorney for ths e sole purpose of drafting the appropriate document.

1 Answer | Asked in Uncategorized for Illinois on
Q: What is an application To Sue Or Defend As An Indigent Person used for?
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answered on May 19, 2011

The purpose is to allow a person who does not have funds a nd qualifies acording to the guidelines to have a filing fee wiaved.

1 Answer | Asked in Internet Law for Illinois on
Q: How can you stop people from posting negative press on the internet
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answered on May 19, 2011

One possible way is a cease and desist letter from an attorney. If the negative information is not true, a libel suit is a possibility.

1 Answer | Asked in Employment Law for Illinois on
Q: I was wrongfully terminated from comcast. How would I start a case against them?
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answered on May 19, 2011

The answere would depend on the basis for the termination. For example if it was due to discrimination you would start with an EEOC complaint. If you are amember of a union, a grievance. Please pose additional information.

1 Answer | Asked in Collections for Illinois on
Q: Is there a law in ILLINOIS to be properly served paper work for a court hearing on the collection of a debt?
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answered on May 19, 2011

Generally, you have to be served in all legal matters. I am not sure if that is the case when there is a consent to judgment clause in an agreement. If there is such a clause, let me know and I will see try to proivide you with a further answer.

2 Answers | Asked in Workers' Compensation for Illinois on
Q: I currently have an open work comp claim, is there a standard amount they normally pay for carpel tunnel?
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answered on May 19, 2011

The amount paid is partially due to a diability rating as well as your prior earnings history.

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1 Answer | Asked in Criminal Law for Indiana on
Q: If a guy gets found innocent in a murder case and then walks out and confess and shows the picture..then what can u do
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answered on May 17, 2011

You can file a wrongful death case against him, but he cannot be prosecuted in a criminal case. Remember O.J. Simpson was found not guilty at the criminal case, and found guilty in the civil suit brought sometime later.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I need to break a lease due to housing conditions. Is that possible?
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answered on May 17, 2011

Yes it is possible. the concept is known as constructive eviction.

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