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1 Answer | Asked in Civil Rights and Small Claims for Texas on
Q: Am I able to take legal action with PayPal if they refuse to give me my money back after a refund is issued?

I made a purchase and used PayPal to pay for it. I never received the item, so I contacted the company I purchased goods from. The company issued a refund through PayPal, but PayPal is refusing to release the funds back to me.

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024

The answer to your question is in your user agreement you accepted when you signed-on with PayPal. If PayPal has sent you an email, or letter telling you they are not giving you a refund, I would need to see that to give you solid legal advice.

PayPal is obligated to give you a refund if...
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1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: Can an investigator search your residence simply on the basis of a fourth amendment waiver. Even if there is no GFS?

Investigators stated it's your unlucky day we're doing it by lottery and we're searching everyone in the neighborhood that has the fourth waiver. Probation officer was unaware they were doing this and is still unaware

Glenn T. Stern
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answered on Nov 14, 2024

Normally, you would be protected from such a search by the Fourth Amendment. However, with such a waiver, it usually means you've specifically signed away any right you would otherwise have to contest a search by probation or any law enforcement officer as a term of probation. Probation is an... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Ohio on
Q: If I open my door, to answer police who are knocking at the door, can they push they're way in w/o search warrant?

Is the act of opening the front door considered an invitation to come inside? Once inside, would they have to show a search warrant apon request? Furthermore, would they have to give they're names and badge numbers apon request. Would they be required to wear vest cams while executing a bench... View More

Bruce Boerst
Bruce Boerst
answered on Nov 14, 2024

In Ohio, opening your door to police officers does not automatically grant them permission to enter your home without a warrant. The Fourth Amendment protects against unreasonable searches and seizures, and entry into a residence typically requires a warrant or the resident's explicit consent.... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Construction Law and Federal Crimes for Florida on
Q: is it unconstitutional to be arrested 30 yrs after a crime that you have already plead to and done your time?

My fiance was in his last year of high school and had sexual contact with the schoolmate who was 15 more than once it was sentenced to 5 years to register on the sexual registry for two counts of sexual contact with a minor but law was revised after he was sentenced and made him a lifer he lives in... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 13, 2024

There's a bad news opinion about that issue from the US Supreme Court, but to be certain, your fiance must consult a criminal defense attorney who handles sex offender cases. In the 2003 Supreme Court case Smith v. Doe, a retroactive state statute on registration requirements was challenged... View More

2 Answers | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: I was wrongfully accused, deprived of due process and had major loss due to it. Can i sue county? All charges dropped

I bailed out was told by county clerk i had no case after going to court, fast forward 2-3 years no notice i get pulled over arrested and had to post bail again, $9000 and $7000, lose my job due to arrest, find 2 jobs after but cannot pass background check. Kost all my benefits, license because I... View More

Louis George Fazzi
Louis George Fazzi
answered on Nov 9, 2024

Yes you can. You have remedies available under state and federal law, and I urge you to take advantage of them. You'll need a competent lawyer with the education, training and experience necessary to properly represent your interests. S/he should be a lawyer for the people, who seek to protect... View More

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2 Answers | Asked in Civil Rights, Health Care Law and Public Benefits for California on
Q: I’ve been asking for a Reasonable Accommodation Request for going into 11th month now.

Husband injured during wildfire evacuation,paralysed within weeks of injury. Past 3 years,he’s had 3 spinal surgeries(metal rods/carriages from base of skull to mid shoulder blades,mid back to tailbone(unable to twist turn or bend like normal human)and a pacemaker installed. His neurosurgeon and... View More

Louis George Fazzi
Louis George Fazzi
answered on Nov 9, 2024

Go to the attorney your husband had for the injuries he suffered at work. S/he should be able to guide you through the process of getting him better care. That's a good place to start. Then learn what you can about co-dependency and how to treat it. Or maybe you should do that first.... View More

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2 Answers | Asked in Family Law, Adoption and Civil Rights for New York on
Q: Can judge and attorney repeatedly Request me to admitt guilt in a violation hearings . I didn’t want to. But I did.

I began testifying in a violation fact finding trial brought on by CPS. Suddenly, the judge stopped me and had a private meeting with attorneys. My attorney then suggested to me that I admit guilt as it is favorable to the judge I said I didn’t want to because I would be silenced and I want... View More

Howard E. Knispel
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Howard E. Knispel
answered on Nov 6, 2024

In a neglect case CPS usually requests an admission so as to try to start the Respondent to repair their relationship with the child through social services such as parenting classes, rehab or whatever is required depending on the accusations. You do not have to admit and can request a hearing.... View More

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1 Answer | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for Virginia on
Q: Do we have a case against anyone(county, title company, pervious owner)?

When we bought our property we did a title check to make sure there were no restrictions with the property, come to find out there seems to be an easement that was filed with the county a year after we had bought it. however it seems to have been drafted months before we bought the property, do we... View More

Anthony M. Avery
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answered on Nov 6, 2024

Hire a VA attorney to search the title, and examine closely that recorded easement. If easement is for road improvement or maybe an underground utility system, probably no damages. Title companies rarely have a duty to anyone, but might get hit for negligence (again doubtful). Have an... View More

1 Answer | Asked in Contracts and Civil Rights on
Q: Proves play a key role in all the cases ,What are the most common types of proves ?

For example if wanna prove fraud connected to a debt .

Tim Akpinar
Tim Akpinar
answered on Nov 6, 2024

It looks like you're asking about the types of evidence used to establish fraud. If that's the case, the things used would include documents, correspondence, statements made by the person, actions they took, and other evidence. You mention a fraud case. There, the objective will usually... View More

2 Answers | Asked in Civil Litigation, Civil Rights and Collections for California on
Q: Hello I have an issueMy ex girlfriend is having a trial case in January for malpractice surgery

I 100% supported everything financially and have endured debt on it and still to this day pay it

We are not together anymore and the plan was if she wins debt is owed back to me

That was a verbal agreement but I’m afraid since our fallout in the relationship she will not pay... View More

Leon Bayer
Leon Bayer
answered on Nov 2, 2024

Putting the agreement on paper will be helpful, because if you have to sue her the written agreement should make it a breeze for you to win your case. However, the written agreement itself does nothing to make her pay up - making her pay will require her voluntary compliance or else a court... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Arizona on
Q: My son (20 years old) was arrested for slapping his roommate after they got into it about his friend using a racial slur

He was arrested on the spot and told he could not return to his apartment that is on the ASU campus. I just want to know his rights and if he should get a public defender.

Zalman  Sapad
Zalman Sapad
answered on Oct 30, 2024

While I do not have a copy of your son's lease agreement or the trespass notice in front of me, these documents can be controlling as to whether or not he still has access to his apartment.

Primarily he needs to get in touch with the management to find out if they will enforce the...
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2 Answers | Asked in Criminal Law, Civil Rights, Federal Crimes and Gov & Administrative Law for Texas on
Q: I've most likely been erroneously placed on a Terrorist Watchlist. How can I be removed and stop privacy violations?

I'm writing out of desperation. I've been stalked for years and have gone to authorities many times.

I'm experiencing Remote Neural Monitoring and what is referred to as V2K or Voice to Skull. In short, a government agency is reading my thoughts and torturing me twenty-four... View More

John Michael Frick
John Michael Frick
answered on Oct 24, 2024

You should contact the Principal Deputy Director of the TSC at the FBI for information about being removed from the US terrorist watch list.

As for remote neural monitoring and V2K, there is no government agency responsible. Experts pretty much agree that such technology does not yet...
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3 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: Someone working at a dollar general grabbed my throat and I shoved him away is there anything I can do?
Charles M.  Baron
Charles M. Baron
answered on Oct 22, 2024

If someone grabbed your throat, and it was not for self-defense purposes, you are a crime victim, so you may contact the police in the jurisdiction for the store. They should then investigate to determine if the aggressor should be charged with battery. I am assuming from your description that... View More

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2 Answers | Asked in Family Law, Child Custody and Civil Rights for Florida on
Q: How can I protect myself if my opposing party IS city hall?…and friends…?…and family members…?

myself and safely get my children returned to my custody after 3 years of a battle against the court employees and authorities, who ARE running this town, my childrens cases, no due process exists and judges simply don't respond to emergencies modification custody? Not even a personal letter... View More

Kay-Ann  Waite
Kay-Ann Waite pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2024

Based on the allegations, it would be in the best interest of the child(ren) that you request the Court to appoint a Guardians ad Litem (GAL) to advocate for the minor child(ren). The Guardians ad Litem will have the ability to review all the evidence and prepare a report and send to the Judge... View More

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3 Answers | Asked in Consumer Law, Civil Rights, Education Law and Public Benefits for California on
Q: IEP, OC Regional center, IHSS? Where do i begin...

On behalf of disabled son whom is a minor. Currently on IHSS 33hrs p/mo for para medical due to sever asthma, PROTECTIVE SUPPERVISION, i ended up leaving my job to adequately care for my son as his needs have been greater with each passing day. Best option is for me to care for him. IHSS case... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Oct 16, 2024

This is a very complex question and depends on the individual facts. The IEP process is the place to address school services, in home education (for a homebound student), related services etc. from the public school district. If they won't qualify him, you can challenge that by asking for an... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Personal Injury for Florida on
Q: Can my friend sue for negligence after a detox facility and police mishandled his Baker Act?

I helped my friend check into a detox and mental health facility one afternoon. The next morning, when I called to check on him, they had no idea where he was. I later learned from a corrections officer friend of mine that my friend was in jail for petty theft… stealing water and a sandwich,... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 13, 2024

You are obviously a very good friend to that person - but your friend must be the one who seeks legal advice. You may assist your friend by looking for a lawyer for him to consult with, and your friend can include you in the communications with a lawyer if he wishes, but it would not be lawful for... View More

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2 Answers | Asked in Civil Rights and Landlord - Tenant for New York on
Q: I live in Brooklyn. My girlfriend lives in Long Island. I sleep over her house sometimes. Her landlord has an issue.

I sleep over my girlfriends sometimes. Her lease says nothing about having guests coming over & I've been visiting for over 3 years. Recently, her landlord had an issue with me sleeping over even when she's been aware I've been coming over for years. I primarily live in Brooklyn... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 10, 2024

Dear Brooklyn Tenant

If you moved in permanently as a Roommate the landlord has no legal basis to complain.

But even without the landlord having a just cause to complain about your visiting overnight from time to time your girlfriend is the one who has to deal with a landlord who...
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2 Answers | Asked in Contracts, Civil Rights and Identity Theft for New York on
Q: Why are names written in all capital letters on citations and court cases?

My friend wanted me to ask why names on legal documents are written in all capital letter. He believes that this creates a legal fiction, and a "dead corporate entity". I told him that it is a way of promoting conspicuity in documents; making things easier to see especially if they are... View More

Tim Akpinar
Tim Akpinar
answered on Oct 9, 2024

It is like you say, for conspicuity. Proper names are generally all caps. The designations (plaintiff, defendant, appellant, appellee, etc. are not generally all caps). I'm not familiar with the "dead corporate entity" rationale you mention when it comes to capitalization protocols.... View More

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3 Answers | Asked in Consumer Law, Contracts, Civil Litigation and Civil Rights for Florida on
Q: Does the fact that I couldn’t afford therapy strengthen my emotional distress claim?

I plan to visit the dealership again to secretly record conversations regarding the $3,000 down payment, terms of financing, and other details for my case.

As Florida is a two-party consent state, I am concerned about whether it is legal to record these conversations inside the... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 8, 2024

You first posed a question about the affect of not affording therapy on an emotional distress claim, and you then stated a concern about recording a conversation, which I take to mean a question asking if you can record in the setting you described without asking permission. You did not connect... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Indiana on
Q: If one is incarcerated on a ptr & makes bail can the prob. dept. order them to do work release before discovery hearing?

Bartholomew county jail, inmate was incarcerated on ptr from a level 6 felony from 6 years ago. Inmate was offered bail and I paid $5,000 on Friday Oct 4. Today was her initial hearing/ attorney status hearing and her discovery/sentencing hearing is November 13th. We checked in with her probation... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Oct 7, 2024

As a general rule, the PO cannot do so. However, if there is a term in the rules of probation that she signed allowing for work release with a violation of probation filed, then the answer could be yes. Additionally, if the court ordered her as a condition of the bond to go to work release that... View More

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