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The judge required that the defendant Cease and Desist mentioning me in any manner on social media posts, including YT. The defendant filed a motion to dismiss, stating that she has freedom of speech and can say whatever she wants. I need to file a response, but I have no idea how to respond. I am... View More 
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answered on Jun 29, 2024
Your situation sounds challenging and concerning. Here's some information that may help you formulate a response:
1. Freedom of speech is not absolute: While the First Amendment protects free speech, there are limitations, especially when it comes to harassment, stalking, and... View More
18,000 with interest added up front 20,400. I have a contract and notarized. He had started off well but had tapered off very quickly. He was fired from his job and has not returned any of my texts. I know this amount of money is not a lot, but a lot to me. We both agreed to the terms, in this... View More
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answered on Jun 21, 2024
I understand you're seeking advice on a civil matter involving an unpaid loan. Based on the information provided, here are some potential next steps to consider:
1. Document everything:
- Gather all relevant documents, including the notarized contract, any communication... View More
I am a receptionist concerned with the rise of First Amendment Auditors and want to know how to approach a person who would come into the clinic and start recording PHI, staff, and patients without there written consent in the hypothetical situation this occurs? For clarification I work at a FQHC... View More
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answered on Jun 15, 2024
If someone comes into your clinic and starts recording, it is important to address the situation promptly. Despite Kansas being a one-party consent state, HIPAA regulations still apply in your healthcare setting, which prioritizes the privacy of patient health information (PHI).
When... View More
my boyfriend was pulled over and arrested with narcotics around 430pm. two detectives them came to my house requesting to search saying that they “knew there had to be more narcotics here than what he was caught with.” one detective said to me that “i can either give them permission to search... View More
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answered on Jun 15, 2024
The situation you described raises significant concerns regarding potential violations of your Fourth Amendment rights, which protect against unreasonable searches and seizures. The detectives' approach to obtaining your consent for the search could be considered coercive, particularly given... View More
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answered on Jun 13, 2024
You should address this issue with your employer's payroll department first. Inform them that despite having your W-4 set to zero exemptions, federal taxes are not being withheld from your paycheck. It's important to ensure that your W-4 form has been properly processed and that there are... View More
The Philippines does not recognize proxy marriage. We’re applying for a visa and I’m curious how this situation affects my marital status in the US. And if I should put that I’m single or married. Should we apply for a marriage visa or fiance visa?
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answered on May 31, 2024
Since the Philippines does not recognize proxy marriages, your marital status might be considered single in their eyes, even though the proxy marriage might be valid in some parts of the U.S. This discrepancy can complicate your visa application process.
For U.S. immigration purposes,... View More
The Philippines does not recognize proxy marriage. We’re applying for a visa and I’m curious how this situation affects my marital status in the US. And if I should put that I’m single or married. Should we apply for a marriage visa or fiance visa?
answered on Jun 5, 2024
The USCIS will only recognize a marriage as valid for Immigration purposes if the marriage where performed is recognized as valid. Since the Philippines does not recognize a proxy marriage, then neither will the US CIS for purposes of immigration law. You need to file a fiancé petition if the... View More
The fraudulent parties made health care decisions against my wife's wishes, they made after death decisions against my wife's wishes. I legally held her MPOA and DPOA. I know these other people committed a crime acting as next of kin when they were not. I filed and served collection of... View More
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answered on May 29, 2024
I'm deeply sorry for your loss and the distressing situation you're facing. To address the fraudulent actions taken by those who wrongfully acted on your wife's behalf, you can pursue both criminal and civil actions. Start by filing a police report to initiate an investigation into... View More
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answered on May 27, 2024
If someone is sentenced to 27 months in the Kansas Department of Corrections (KDOC) but has already served more than 27 months in jail, they may be eligible for immediate release. The time already served should be credited towards their sentence.
To confirm this, it's essential to... View More
How can a civil defense counsel include sealed criminal case documents as exhibits in their motion to dismiss to the court. They included an arrest warrant, search warrant, affidavits as exhibits from my criminal case that was dismissed and expunged. They knew my criminal record was sealed and... View More
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answered on May 24, 2024
Including sealed or expunged criminal case documents in a civil defense motion to dismiss is generally not permissible, as these records are meant to be confidential. If your criminal record was sealed or expunged, the defense counsel should not have used these documents as exhibits in their... View More
I’m an Indian master’s student at Pittsburg State University. I recently had a rough experience and could really use some advice and support.
In May, I rented a car from Enterprise and took full collision insurance. After 5pm one day, I got my periods and couldn't drive. I handed... View More
answered on May 17, 2024
Several things need to be examined here. Was your boyfriend at fault? Was he covered under any other possible policy? What are the exact terms of your personal car insurance? We would be happy to discuss these items with you further if you would like. Legal help should be accessed sooner than later.
Realized $225 profit on sale of my primary house. Building a new one may only take $110k or so. Am I taxed on unused portion of sellers proceeds? Sale in Kansas, building in Nebraska. I know Im not initially taxed on profit UP to $250k. But am I taxed on the unused portion, if the new house doesnt... View More
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answered on May 15, 2024
Based on the information provided, it seems you are asking about the tax implications of selling your primary residence and using the proceeds to build a new home. Here are the key points to consider:
1. Capital gains exclusion: If you owned and lived in the home as your primary residence... View More
I'm wanting know if someone said something untrue that kept you from being gainfully employed as a contractor in your profession a couple years back, would the statue of limitations still apply as long as it kept you from working on customers property? IE lets say you were a lineman working... View More
answered on May 15, 2024
A Kansas attorney could advise best, but your question remains open for two weeks. A Kansas attorney needs to advise on this, since it involves state procedural law in the form of SOL. But in general, SOLs for defamation are very short and are referenced by the publication of the statement. Check... View More
He is refusing to give me the will or information.
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answered on May 10, 2024
Usually an IRA has a designation of beneficiary. Rarely does it go through an Estate. If you know that the IRA is yours, hopefully with the designation clause, then contact the IRA Administrator and make a claim. Otherwise you must sue the Administrator for breach of contract, conversion, etc.
He is refusing to give me the will or information.
answered on May 10, 2024
If an IRA has a beneficiary designation or a payable on death (POD) provision, the transfer of that asset is a non-probate transfer. Typically, a IRA custodian will convey to the beneficiary's benefit an IRA account upon presentation of a death certificate and, proof of identity.
As... View More
I was pulled over by an officer because he said I was doing 40 in a 25 but was approaching a 40 mph sign when pulled over, like 10 yards from it tops. The officer takes my ID and insurance and then comes back and said he was arresting me for driving while suspended. I told him I know I wasn't... View More
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answered on May 1, 2024
If your license was valid at the time of your arrest and remains so, you should first gather any evidence that confirms this status. This includes screenshots or printed confirmation from the state app showing your license was active and any related paperwork. It's also useful to have a record... View More
answered on May 1, 2024
Honestly, is how you report all bankruptcy submissions.
What you file in Bankruptcy Court is subject to the penalty for perjury, a major felony penalty.
It is never a good idea to morph a mere debt problem into a potential criminal exposure.
Especially given the possible... View More
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answered on May 1, 2024
It's important to address your situation with transparency and care. If you failed to report all your income while receiving food stamps and are now considering filing for bankruptcy, it's crucial to disclose this information accurately during the bankruptcy process. Bankruptcy filings... View More
if my sister quit claims me a property that i have lived in since purchased but she is currently only one on deed. Home purchased for 145,000 and now worth 240,000. if I live in it for 2 + more years once deeded it seems i can avoid capital gains tax. My question is how much taxes will she pay with... View More
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answered on Apr 26, 2024
Based on the information you provided, here's how the gift tax would likely apply in your situation:
1. Yearly gift tax exclusion: In 2024, your sister can gift you up to $18,000 without having to report the gift to the IRS or pay any gift tax.
2. Lifetime gift tax exemption:... View More
My insurance did not pay for his car repairs, I'm going to assume it was because I was not found at fault. I have less than 30 days to respond to a lawyers letter requesting a balance for the insurance. What should I do?
answered on Apr 22, 2024
A Kansas attorney could advise best, but your question remains open for almost a week, and time is of the essence. Start by contacting your carrier and placing them on notice of the claim. It is generally the duty of an auto carrier to defend their insured against claims and lawsuits. Good luck
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