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answered on Mar 6, 2024
Retirement accounts are marital to the extent that the benefits accumulated during the marriage. Anything prior and anything subsequent are not marital, however, you will need to prove what you had when you got married to have that portion excluded. Like all marital assets, you can expect that... View More 
answered on Mar 5, 2024
The right to a speedy trial is a right afforded to the Defendant in a criminal trial. This right comes from bot the United States Constitution and the Pennsylvania Constitution. The victim is not a party to a criminal case, he or she is a witness. It is up to the Commonwealth - through the... View More
I have to sell my father‘s house due to the amount of debt he accumulated over the years. She hasn’t been keeping up with the mortgage payment, which is now three months behind. Can I sell my father‘s house while behind on payments? Do I need to give my father’s girlfriend, an eviction... View More
answered on Mar 2, 2024
Who is on the deed to the residence? Look at the most recent deed of record, the chain of title. Life estates? You can have a title search done for both ownership and all liens, and you should do that, as the personal rep of the Estate. If the Estate has a lawyer, that probate lawyer will know... View More
I went in person to deposit a check to ask the bank rep how long it'd take to clear to know if the money was good (new client) and was informed once the money showed up in my account that I'd know the check was legit. Bank rep failed to mention that the bank is legally required to deposit... View More
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answered on Mar 2, 2024
Banks typically have a duty to provide accurate and complete information to their customers, especially regarding financial matters. However, liability for financial losses due to incomplete advice or professional negligence can vary depending on the specific circumstances. While the bank... View More
I am an independent musician who has been in dispute with a social media platform. If I feel I was discriminate against for several reasons and can prove it, and would like to take legal action. Do I contact a civil rights attorney, or a music attorney? Thanks in advance.
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answered on Mar 2, 2024
Based on the details provided, you have a few options in terms of legal representation:
- Civil rights attorney - If you feel you were discriminated against by the social media platform based on your protected class status (race, religion, gender, etc.), then consulting a civil rights... View More
I am an independent musician who has been in dispute with a social media platform. If I feel I was discriminate against for several reasons and can prove it, and would like to take legal action. Do I contact a civil rights attorney, or a music attorney? Thanks in advance.
answered on Mar 15, 2024
A civil rights attorney is a usual starting point for matters in involving discrimination. It isn't fully clear by what you mean by music attorney - music contract terms dispute, music intellectual property rights, royalties? Maybe with additional details, an attorney could better determine... View More
I am an independent musician who has been in dispute with a social media platform. If I feel I was discriminate against for several reasons and can prove it, and would like to take legal action. Do I contact a civil rights attorney, or a music attorney? Thanks in advance.
answered on Apr 2, 2024
For a dispute with a social media platform where you believe discrimination occurred, a civil rights attorney would be the best first contact. Music attorneys typically handle issues related to contracts, royalties, and intellectual property within the music industry itself.
I was accused for shop lifted at a department store, the security took me in their security room, took all items back to the store, and the cops was called.
i submitted 3 receipts, they only gave me 2 back, the cops did not see the items in my cart nor do they did a count, I was on... View More
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answered on Mar 2, 2024
Based on the details provided, it sounds like you would primarily want to consult a civil rights attorney rather than a criminal defense attorney. Here's why:
- This no longer involves any active criminal charges against you. The shoplifting incident resulted in probation and a ban... View More
This seems a long time for no action. They just keep saying they are busy.
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answered on Feb 27, 2024
Has she given them all the paperwork that they asked for? If not, she needs to provide them with everything. Next, she should ask how long it will take until it is ready to file. If you think it's taking too long, she can ask for her money back and hire another attorney. However, she should... View More
This seems a long time for no action. They just keep saying they are busy.
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answered on Mar 4, 2024
Experiencing delays in a legal process, especially one as significant as bankruptcy, can be incredibly stressful. If your wife has already paid for services that have not been rendered within a reasonable timeframe, it's crucial to address this issue directly with the attorney or their firm.... View More
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answered on Feb 25, 2024
In the context of a Chapter 13 bankruptcy in Pennsylvania, a "wildcard exemption" refers to a provision under bankruptcy law that allows you to protect a certain amount of any property you own, as opposed to specific categories of property like a home or vehicle. This exemption is... View More
answered on Feb 25, 2024
I mostly agree with my California colleague, except that in PA, we can choose either that PA exemptions, or the Federal exemptions, but NOT both, or a mix of both, and the "wildcard" exemption is a Federal benefit.
In short, it's available to those who do not use it entirely... View More
Do I need to report him to avoid consequences?
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answered on Feb 25, 2024
I understand the difficult situation, but not reporting knowledge of past child abuse imagery viewing does carry risks legally and ethically. Here are a few considerations:
1. In many jurisdictions, not reporting knowledge of felony sex crimes against minors is itself a criminal offense. So... View More
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answered on Feb 24, 2024
I agree with Mr. Belt. An injury is often accepted by the insurance carrier issuing a Notice of Compensation Payable. When the insurance carrier then wants to make a change, they would issue an Amended Notice of Compensation Payable. It is not necessarily a bad thing, but should be reviewed to... View More
answered on Feb 24, 2024
It means that changes may have been made from the original Notice of Compensation Payable. Read it and compare it with prior Notices received. The Amended Notice may not contain any changes, but it is better to carefully review just in case.
This question applies, of course, to the Federal Exemption Schedule amounts.
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answered on Feb 24, 2024
No, as a renter filing for Chapter 7 bankruptcy you cannot claim any portion of the homestead exemption or apply it towards other assets like autos.
The homestead exemption under federal bankruptcy exemptions (11 U.S.C. § 522) is intended only for equity in an individual’s primary... View More
The DMV said I can’t sign my driver’s license or State ID with “All Rights Reserved” or “Without Prejudice”. Same for the the gun permit unit for my LTCF. Yet, in order to exercise my 2nd Amendment rights, I am being told I need to present a state ID, so I am under duress to sign in the... View More
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answered on Feb 24, 2024
The requirement to sign your driver's license, state ID, or LTCF without adding "All Rights Reserved" or "Without Prejudice" is typically due to standard procedures set by government agencies. While you may feel it infringes upon your rights, these agencies operate within... View More
He went to court and paid the ticket. I notified the police and they confirmed it was definitely not me once reviewing the body cam. What happens with my driving record now since it was not me?
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answered on Feb 23, 2024
In Pennsylvania, if your brother was stopped for driving an unregistered vehicle without a license and you were mistakenly associated with the offense, but the mistake has been acknowledged by the police after reviewing body cam footage, any wrongful entries on your driving record should be... View More
My case is from 21 years ago. I've made payments since but still owe a few thousand. I've heard there's a 20-year limitation on it, would that clock start at sentencing, release from jail or when the probation ended? Thank you very much.
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answered on Feb 23, 2024
In Pennsylvania, the statute of limitations for collecting restitution is not straightforward, as it can depend on several factors, including the nature of the judgment and how it's classified (civil vs. criminal). Generally, for criminal cases, the obligation to pay restitution may not have a... View More
They told me that I’m not allowed to come in since I vomited within the 24 hour thing are they allowed to punish me for not coming in after they told me to not come in because they told me I would still get a write up for it after I asked if I could come in or not
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answered on Feb 23, 2024
It seems unfair for your workplace to punish you for following their policy by not coming in after you vomited within the 24-hour period. If they explicitly instructed you not to come in due to the policy, it would be unreasonable to issue a write-up for complying with their directive. It's... View More
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