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1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for Tennessee on
Q: How long is the tolling law good for that is past the statue of limitations of 6 years on credit card debt in Tennessee?

This is on a credit card from 18 years ago that I have no records of.

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Nov 26, 2024

In the State of Tennessee, the statute of limitations for breach of contract is six (6) years. There are certain ways that the creditors can obtain proof that you admitted the debt within 6 years. It could be a writing that you sent or it could be a recorded call with an admission. If it has... View More

1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Construction Law for Florida on
Q: Hired a company to do work on our home.. Satisfied with work but can't get company to send us a bill so we can settle.

We have repeatedly asked to send us a bill/invoice for work done but have not received one. Now we can't seem to get a hold of anyone. Any recourse or advice?

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 26, 2024

Send a certified letter to the company asking for a bill. Retain the amount of money you believe is owed in a savings account or other account that you are not tempted to use for a minimum of 5 years from the completion of the project. (If you think you might owe $5k, retain $6k, etc., to be on... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Legal ramifications of purchasing a house that has an unpermitted addition.

I am looking to make an offer on a house in Alamance County, NC. The house has a sizable addition that is only half built. That is, the addition still needs all the finishing work completed, i.e., insulation, drywall, flooring, trim, painting, and HVAC including duct work.

I am... View More

Shane T. Johnson
Shane T. Johnson
answered on Nov 26, 2024

1. You would become liable for any resulting injuries or harm due to the code violations, and the work done without a permit. Further, you may be subject to inspection and requirement to correct by the governing bodies.

2. It may be difficult to sell the house. Your liabilities may extend...
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3 Answers | Asked in Personal Injury, Internet Law and Libel & Slander for New York on
Q: Can I sue for Intentional Infliction of Emotional Distress or Negligent Infliction of Emotional Distress

My parent died of cancer years ago but the latest damaging action by the offending party happened this calendar year. Prior to death, person spoke to her she could not express opinion without she asked her to. Then mailed a dismissive handwritten card when they stayed away. At the funeral, this... View More

Mark A. Siesel
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answered on Nov 26, 2024

To begin with, you mentioned that the incident happened years ago. Generally speaking, with some exceptions, personal injury actions (not medical malpractice) commenced against a non-municipal defendant have a three year statute of limitations. Additionally, based upon the fact pattern you... View More

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3 Answers | Asked in Personal Injury, Internet Law and Libel & Slander for New York on
Q: Can I sue for Intentional Infliction of Emotional Distress or Negligent Infliction of Emotional Distress

My parent died of cancer years ago but the latest damaging action by the offending party happened this calendar year. Prior to death, person spoke to her she could not express opinion without she asked her to. Then mailed a dismissive handwritten card when they stayed away. At the funeral, this... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 26, 2024

Sorry to hear what you're going through. Generally speaking, to bring an action for negligent or intentional infliction of emotional distress, you need to demonstrate conduct that is "so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency and... View More

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2 Answers | Asked in Real Estate Law for Texas on
Q: I will be purchasing a home, owner to owner from my landlord. What type of questions should I ask when signing.

I will be renting to own the rental I live in. The landlord and I have come to an agreement as far as price/down/monthly payments. What type of questions should I ask? Should I be liable for taxes of the property during the timeframe I will be renting to own? She does have an attorney that will be... View More

John Michael Frick
John Michael Frick
answered on Nov 26, 2024

1. You need to verify that there is no mortgage lender or other liens recorded against the property.

2. You need to verify that the landlord is the sole legal owner of the property.

3. You need to verify that the home is not anyone's homestead and is not claimed as...
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1 Answer | Asked in Municipal Law for Texas on
Q: Would a board member of the economic development corporation be allowed to request a forensic audit.
Tim Akpinar
Tim Akpinar
answered on Nov 26, 2024

A Texas attorney who works day-to-day in municipal law matters could advise best, but your question remains open for a month. As a GENERAL matter, without knowing the details of the situation, it would depend on the rules/by-laws, reason for the request, relevancy of the request to some issue,... View More

2 Answers | Asked in Criminal Law for Texas on
Q: My husband was arrested on pending felony charges 9/14 72 days in jail No charges have been filed

What is going on. Why has he not been to court, can they even keep him there. He has a valid visa but ice hold due to felonies never been in trouble ever

Michelle  Lugo
Michelle Lugo
answered on Nov 26, 2024

Depending on his charge, he can hire an immigration attorney to petition the immigration court for a bond so that he can be out during the pendency of his case. But the charge may have a lot to do with whether or not the federal courts will be willing to do that. In the interim, there is no point... View More

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1 Answer | Asked in Consumer Law and Wrongful Death for Maryland on
Q: On August 21, my sister was in a house fire and passed. I found a defective lighter in her truck. Two exploded out of 5

my question is the fire report said it was careless smoking and won’t even hear me when I’m trying to tell them that it had to have been a defective lighter since I found one in her truck and since bought three more and have had to blow up in my face. Due to the fire report and the fact that... View More

Mark Oakley
Mark Oakley
answered on Nov 25, 2024

What you describe is pure guess, conjecture and speculation. You do not identify any hard evidence that a lighter (a) exploded in her home; or (b) was the cause of the fire that killed your sister.

The fact that it could have happened that way doesn’t mean it did. The fact that other...
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1 Answer | Asked in Libel & Slander for Maryland on
Q: What is the Maryland Code for defamation?
Mark Oakley
Mark Oakley
answered on Nov 25, 2024

The only code section relating to defamation is the statute of limitations applicable to commencement of suit, which is one year from the date of publication of the defamatory statement. MD Code, Courts and Judicial Proceedings, § 5-105

As for the law of defamation, that is found in the...
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2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I rear-ended a vehicle at 5 MPH that was sitting in the middle of the street with his car running and flashers on.

He claims he was hit by another vehicle that fled the scene and is now suing me for $150,000. My insurance is looking to settle the claim from my policy limits, but he didn't mention that another vehicle hit him before me. I also suspect he was uninsured that night. Can you stay in your car... View More

William John Light
William John Light
answered on Nov 25, 2024

Maybe you can. There are a lot of variables. How disabled was the car? How injured was the driver? How busy was the street?, etc. The decision to settle belongs solely to your insurer. There is nothing you can do about it, except communicate to your insurer the facts that you think are... View More

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1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: where can i find the procedural regulations governing the MD board of social work?

I am looking specifically for the laws/regulations that the Maryland BSWE must follow when investigating a complaint against a social worker. I am also looking for the personal rights of respondents involved in complaint investigations through the board of social work.

Mark Oakley
Mark Oakley
answered on Nov 25, 2024

There is the Maryland Health Occupations Code, which sets forth the statutory laws respecting social workers and the Board’s creation and responsibilities and powers.

The Board is empowered to draft and adopt regulations to carry out its purposes under the law. Agency regulations are all...
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1 Answer | Asked in Family Law for Maryland on
Q: My ex-husband passed away this year. Am I entitled to any of his benefits, such as life ins, pension or social security?

My ex-husband passed away this year. We were married for nine years and divorced in 2008. We both are 52 years old. My ex-husband has adult children and no will. Am I entitled to any of his benefits, such as life insurance, pension or social security? I was listed as the beneficiary on all... View More

Mark Oakley
Mark Oakley
answered on Nov 25, 2024

Upon divorce, each spouse is automatically removed by law as a beneficiary under their ex-spouse’s estate, even if they are named in a will at the time of the divorce. So you are not entitled to any distribution under your ex spouse’s estate.

In order for an ex-spouse to qualify for a...
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1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: How would I be able to get details on a trust fund created by family that I am no longer in contact with?

I know of a trust fund in my name and would like to find out details as I don’t know anything about it other than the fact that it exists.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 25, 2024

Generally, there is no right to get a copy of anyone else's planning documents while the planner is still living. So if the relative who created this Trust is still living (and assuming it is a typical trust), usually it is entirely up to that person to decide what, if anything (or nothing)... View More

1 Answer | Asked in Estate Planning for Maryland on
Q: I was listed as a heir to someone who died interstate there over 50 relieves on that list it was my bio moms first cousi

Why would I only get 0.48 of percent and another first cousin once removed get 3.33 percent and there is a first cousin twice removed getting 1.67 percent my mother was also deceased also my sisters cold was listed as a heir but my child was not I live in ca the case is in md

Mark Oakley
Mark Oakley
answered on Nov 25, 2024

When someone dies without a will, their estate is divided among the relatives of the deceased, but that does not mean every blood relative gets an equal share. For instance, if someone dies and never had children and both parents were deceased, but they had four siblings, then their estate gets... View More

1 Answer | Asked in Child Support and Family Law for Nevada on
Q: I own 7,000 child support and like 17,000alimony they put my name in the denial list to get a passport,

if i pay what i own child support will they remove my name from denial list , or i must pay both alimony and child support,

Jennifer Setters
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answered on Nov 25, 2024

Usually, it is advisable to pay off the child support debt in case your application for a passport is denied due to arrears of child support. This will help to have your name deleted from the list of persons denied a passport. The United States Department of State says those who are in arrears on... View More

2 Answers | Asked in Criminal Law, Real Estate Law and Business Law for California on
Q: I inherited half my uncle's residence which is a duplex. He receives rental income I get nothing Can I force him to sale

I'm co-owner since 2009 the property is located in Korea town in Los Angeles ca. 6 years ago I appraised and market was at $1.2m must higher now. Since then my uncle will not speak to me or acknowledge I own half He never splits any rental income with me like he did with my mom He just ignored... View More

James Clifton
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James Clifton
answered on Nov 25, 2024

You can force the sale through a partition lawsuit. In the lawsuit, the court determines if the property can be divided evenly. If the property cannot be physically divided, the court will force the sale of the property. Each party will receive half of the money from the sale subject to offset for... View More

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4 Answers | Asked in Workers' Compensation for California on
Q: what can I do about a Worker's Compensation case that I had we went to court in September but I haven't received my mone

The day we went to court, which was September 19. The attorney told me that I would be receiving 26,800+ dollars plus the insurance company would compensate me for my time after I had my surgery because I had to have knee replacement I haven't received anything But the little checks that the... View More

Ronald Mahurin
Ronald Mahurin
answered on Nov 25, 2024

1) Contact your attorney.

You say you resolved your case including a payout plus retroactive TTD. The court by default gives defendants 30 days to pay an award. After 30 days you are entitled to penalties and interest.

Cash the checks.

WC payments are tax fee, not...
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4 Answers | Asked in Workers' Compensation for California on
Q: what can I do about a Worker's Compensation case that I had we went to court in September but I haven't received my mone

The day we went to court, which was September 19. The attorney told me that I would be receiving 26,800+ dollars plus the insurance company would compensate me for my time after I had my surgery because I had to have knee replacement I haven't received anything But the little checks that the... View More

Ryan D. Kayrell
Ryan D. Kayrell
answered on Nov 25, 2024

Hi there,

From your question, it sounds like the communication between you and your attorney is not very good. You should have a complete understanding of what went on at the hearing, what money you can expect to receive, and why you are receiving it. You should also definitely be cashing...
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4 Answers | Asked in Workers' Compensation for California on
Q: what can I do about a Worker's Compensation case that I had we went to court in September but I haven't received my mone

The day we went to court, which was September 19. The attorney told me that I would be receiving 26,800+ dollars plus the insurance company would compensate me for my time after I had my surgery because I had to have knee replacement I haven't received anything But the little checks that the... View More

Dennis Dascanio
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Dennis Dascanio
answered on Nov 25, 2024

Dear injured worker,

It is not unusual to have the insurance company issue payments towards a settlement without actually having a settlement. This does not mean that there won’t be a settlement at some point. If you had a knee replacement then you have a substantial Worker’s...
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