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2 Answers | Asked in Banking, Consumer Law and Contracts for Florida on
Q: Can I sue a Miami car dealership and bank for fraud related to a car purchase?

I would like to know if I can sue a bank and a car dealership for fraud. My wife and I purchased a used car at a dealership in Miami, FL on February 15, 2025, and encountered several issues: my last name was spelled incorrectly on the documents; the down payment was recorded as $4,200, despite us... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 3, 2025

You should take your documents to a lawyer right away. We do not have any way of reviewing your purchase agreement and contracts in this forum.

Most used car sales are "as is" and it's up to the buyer to have the car inspected prior to purchase irrespective of what the...
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3 Answers | Asked in Trademark, Business Formation, Intellectual Property and Business Law for Delaware on
Q: Trademark registration for "West Coast Records"

I want to register the trademark "West Coast Records" for my record label. I conducted a trademark search and found that the previous registration attempt, under serial number 90236708, was abandoned. We have been using this name for years but only incorporated our business last December.... View More

Felicia Altman
Felicia Altman
answered on Apr 3, 2025

In order to registrar a trademark you must file an application with the USPTO. It is best to conduct a trademark search though a trademark search finding does not guarantee that the mark can be registered. You can file a trademark through the USPTO as the trademark owner or by working with a... View More

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3 Answers | Asked in Trademark, Business Formation, Intellectual Property and Business Law for Delaware on
Q: Trademark registration for "West Coast Records"

I want to register the trademark "West Coast Records" for my record label. I conducted a trademark search and found that the previous registration attempt, under serial number 90236708, was abandoned. We have been using this name for years but only incorporated our business last December.... View More

Alan Harrison
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answered on Apr 3, 2025

You can file for registration yourself or ask an attorney to help you. Your date of first use is important as you accrue rights through use of the mark and registration puts a government stamp on your existing rights and makes them easier to enforce and defend.

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3 Answers | Asked in Trademark, Business Formation, Intellectual Property and Business Law for Delaware on
Q: Trademark registration for "West Coast Records"

I want to register the trademark "West Coast Records" for my record label. I conducted a trademark search and found that the previous registration attempt, under serial number 90236708, was abandoned. We have been using this name for years but only incorporated our business last December.... View More

David Aldrich
David Aldrich
answered on Apr 3, 2025

The previous applicant abandoned their application after receiving a 'primarily geographically descriptive' rejection. Depending on your situation, there is a likelihood you would receive the same rejection. However, this doesn't mean you should not apply. There are several... View More

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1 Answer | Asked in Car Accidents, Legal Malpractice, Personal Injury and Insurance Bad Faith for Oklahoma on
Q: Lack of lawyer communication after rear-ended by drunk driver in OK

I was rear-ended by a drunk driver while my special needs son was in the vehicle with me. I've requested all correspondence between my lawyer and the insurance company due to a lack of communication from my lawyer. I disagree with the final offer from the insurance company. Despite my requests... View More

Charles Watts
Charles Watts
answered on Apr 3, 2025

Sorry for your inconvenience during this time. First thing is if you are dissatisfied with the lawyer you currently have, then you are well within your rights to terminate their representation and hire a new lawyer. The new lawyer should be able to get the information from the original lawyer.... View More

1 Answer | Asked in Business Law, Real Estate Law and Contracts for Oklahoma on
Q: Can I list a property after the previous agent acknowledged cancellation via text, without signing a referral fee with the original broker?

I am a real estate agent, and a seller contacted me to list their property after firing their previous agent via text message, which the agent acknowledged, also via text, by removing the listing from MLS and discussing excluding a specific buyer. The original broker now wants me to sign a referral... View More

Charles Watts
Charles Watts
answered on Apr 3, 2025

In most instances, the original listing agent has a clause in their contract granting them a fee if the house is sold within a certain time frame. The removal of the listing itself is not a definitive withdrawal of representation. The seller needs to get a complete written release from the... View More

1 Answer | Asked in Employment Law, Sexual Harassment and Civil Rights for Illinois on
Q: Seeking guidance for workplace sexual assault incident with witnesses and footage from 2017-2018 in Illinois.

I was sexually assaulted at work around 2017 or 2018. Despite having witnesses and camera footage, my manager did not report the incident to the police or take any action. I had to continue serving the customer involved. I spoke to a psychiatrist about it, but he said it wasn't sexual assault.... View More

Charles Candiano
Charles Candiano
answered on Apr 3, 2025

You claim that you were sexually assaulted 8 or 9 years ago. You also tell us that your psychiatrist advised you the situation that you conveyed did NOTconstitute sexual assault. You tell us that your manager made NO police report but your manager was not assaulted. You claim that you were... View More

2 Answers | Asked in Divorce, Family Law and Contracts for Minnesota on
Q: Divorce: Can ex-spouse live in house and still split bills in MN?

I live in Minnesota, and my wife wants a divorce but wishes to continue living in our house, also wanting to split all the bills as we do now. I currently pay for all the bills, while she saves her income in her bank account. Once our kids move out, do we continue splitting everything?... View More

Robert Kane
Robert Kane
answered on Apr 3, 2025

Each of you have an obligation to maintain the marital property. The obligations of each spouse after the divorce is final will be set forth in the judge or agreement if properly draft. Child support obligations are distinct from the marital property issues. You are commingling different issues... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: I consented to a painful gynecological exam. What can I do legally?

I underwent an invasive gynecological exam in October 2023. I agreed to the exam because the doctor told me it was the only way to get information about my issue. I was informed it might cause "discomfort," but it was excruciatingly painful, and I was crying and unable to speak. The... View More

Tim Akpinar
Tim Akpinar
answered on Apr 3, 2025

I'm sorry for your agonizing ordeal. One option may be to be consult with a medical professional and discuss what took place. Unfortunately, since October 2023, any evidence of what happened would have likely been evanescent, if it existed at all. Despite the upsetting nature of what happened... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: I consented to a painful gynecological exam. What can I do legally?

I underwent an invasive gynecological exam in October 2023. I agreed to the exam because the doctor told me it was the only way to get information about my issue. I was informed it might cause "discomfort," but it was excruciatingly painful, and I was crying and unable to speak. The... View More

Charles Candiano
Charles Candiano
answered on Apr 3, 2025

I'm sorry to hear of your trying experience. Unfortunately, doctors are often misinformed that they are unable to express their concern/sympathy for your situation without admitting liability. You have to understand that if the procedure that the doctor performed was an appropriate procedure... View More

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1 Answer | Asked in Wrongful Death, Civil Litigation and Personal Injury for Indiana on
Q: What Indiana rule determines jurisdiction in a wrongful death case?

What Indiana trial court rule determines jurisdiction in a civil wrongful death case, especially if the decedent was killed in a different county than where she lived? The case is filed against an individual, and there are no other pending related cases.

Charles Candiano
Charles Candiano
answered on Apr 3, 2025

You are really asking two separate questions. You are asking about jurisdiction (authority of the Court) and venue (the appropriate situs to bring the action). Jurisdiction is addressed in Rule 4.4 and venue is addressed in Rule 75. In your example, any state Court in Indiana would have... View More

1 Answer | Asked in Criminal Law and Legal Malpractice for New York on
Q: Prosecutor requests excessive sentence for VOSR; is it lawful?

I was sentenced to two years of supervised release with a time-served sentence, avoiding imprisonment. The offense's maximum supervised release term was three years. Fifteen days before the end of my term, the prosecutor filed a Violation of Supervised Release, requesting six months of... View More

Stephen Bilkis
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answered on Apr 3, 2025

Your concerns are understandable, especially given the complexity of supervised release violations and the possibility of significant consequences even near the end of your term. Based on the details you've provided, your understanding of the sentencing provisions under 18 U.S.C. § 3583... View More

3 Answers | Asked in Child Support and Family Law for New York on
Q: Do parental rights termination affect child support obligations?

If I give up my parental rights, do I still have to pay child support? I currently have a court order for child support in place, but I have not heard or seen my kids in four years. There are no agreements with the other parent regarding child support and parental rights.

Stephen Bilkis
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answered on Apr 3, 2025

I understand how emotionally complicated it can be to feel disconnected from your children while still having legal and financial obligations. In New York, terminating parental rights does not automatically eliminate child support obligations unless the court specifically orders otherwise in very... View More

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3 Answers | Asked in Child Support and Family Law for New York on
Q: Do parental rights termination affect child support obligations?

If I give up my parental rights, do I still have to pay child support? I currently have a court order for child support in place, but I have not heard or seen my kids in four years. There are no agreements with the other parent regarding child support and parental rights.

Howard E. Knispel
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Howard E. Knispel
answered on Apr 3, 2025

You can not voluntarily terminate your parental rights. Your obligation for child support continues regardless of your relationship with the child, unless you can show parental alienation or emancipation. Termination of parental rights only exists by court order either in an adoption or neglect... View More

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3 Answers | Asked in Probate and Real Estate Law for California on
Q: What happens to a deceased parent's debt in California without a will or executor?

In California, my deceased parent left no will and had an outstanding mortgage on their home, which was their only major asset. There were also some outstanding debts, but no creditors have contacted me yet. I am the only surviving family member and no legal proceedings concerning the estate have... View More

Nina Whitehurst
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answered on Apr 3, 2025

If the unsecured creditors fail to open a probate and file claims within one year after date of death, those debts evaporate.

However, the mortgage debt continues as a lien against the real property. If the mortgage is not paid as agreed every month the lender may foreclose.

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3 Answers | Asked in Probate and Real Estate Law for California on
Q: What happens to a deceased parent's debt in California without a will or executor?

In California, my deceased parent left no will and had an outstanding mortgage on their home, which was their only major asset. There were also some outstanding debts, but no creditors have contacted me yet. I am the only surviving family member and no legal proceedings concerning the estate have... View More

James Clifton
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James Clifton
answered on Apr 3, 2025

If more than one year passes after the date of death, the claims of unsecured creditors are generally barred. The mortgage is a secured debt and will continue to exist on the property and must be paid. In order to transfer the property to you as an heir, probate will be needed, unless the deed was... View More

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2 Answers | Asked in Domestic Violence, Child Custody and Family Law for New Jersey on
Q: Can I get a restraining order against my son's father and grandmother after they harmed my son?

I have a restraining order against my son's father since 2018. During recent parenting time, my mentally disabled 9-year-old son was strangled, punched, and beaten. His grandmother, who supervises visits, claimed she did this while trying to get him in the car. I called the police and have... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2025

You can certainly press criminal charges against both parties. Whether or not you can obtain a restraining order against the grandmother requires more facts. You may be able to obtain a Temporary Restraining Order (TRO) on your own. Then if you get the TRO, you will need to retain an experienced... View More

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2 Answers | Asked in Domestic Violence, Child Custody and Family Law for New Jersey on
Q: Can I get a restraining order against my son's father and grandmother after they harmed my son?

I have a restraining order against my son's father since 2018. During recent parenting time, my mentally disabled 9-year-old son was strangled, punched, and beaten. His grandmother, who supervises visits, claimed she did this while trying to get him in the car. I called the police and have... View More

Richard Diamond
Richard Diamond
answered on Apr 3, 2025

You have the right to proceed with claims through DCPP, criminal prosecution through the local / county prosecutor's office, and through the court system using New Jersey's child abuse statutes - 9:6-1 - 9:6-3 & 2C:24-4.

Given what occurred, you "may" also be able...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Oregon on
Q: Dental malpractice question regarding negligence and pain and suffering after sinus cavity incident during tooth extraction.

On March 19th, I went to a dentist for a simple tooth extraction of an upper right molar. During drilling, the dentist accidentally penetrated the sinus cavity with a surgical bur, which became loose and lodged inside the cavity. An oral surgeon removed it on March 24th by drilling through my jaw,... View More

Brad  Holbrook
Brad Holbrook pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2025

I often say there are two things that are very difficult: 1) Getting money out of people, and 2) Suing a Doctor/Dentist.

I am so sorry for your bad outcome. Unfortunately, every day there are bad outcomes in the medical field. If we could sue everytime there was a mistake and/or accident,...
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1 Answer | Asked in Probate and Real Estate Law for Louisiana on
Q: Resolving property rights and usufruct with stepchildren in Louisiana.

My husband passed away in 2012 without a will, leaving behind two sons from a previous marriage. We purchased a house in Louisiana together before our marriage, registered in both our names. During the succession, it was determined that I have usufruct over the house, owning 50%, while his sons own... View More

Christie Tournet
Christie Tournet
answered on Apr 2, 2025

Unfortunately, when a Last Will is not in place to address these blended family concerns, you become a co-owner with the children, and you have only a "legal" usufruct over your spouse's former one-half interest. You are correct. You cannot alienate, encumber, or sell/lease without... View More

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