Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions & Answers
1 Answer | Asked in Consumer Law for California on
Q: I made a large overpayment to my credit card, Credit One, and I have not received it back.

Credit One said they sent a check to Fiserv and that it is up to Fiserv to deal with it. Credit One gave me a check number. I contacted Fiserv and they dont have the check number. Did Credit One just steal my money?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2024

Based on the information you've provided, it's unclear exactly what has happened with your overpayment. However, under California law, credit card companies are required to refund overpayments in a timely manner. Here are a few key points and steps you can take:

1. Contact Credit...
View More

3 Answers | Asked in Real Estate Law for New York on
Q: What are my options as POA to a parent to force the sale of a co-owned house without cooperation of the other party?

I am power of attorney for my parent. My elderly parent co-owns a house with a sibling. I am concerned that this property will be soon going into foreclosure as my sibling has not made a mortgage payment for many months and in fact my parent had made most payments prior to this year but has stopped... View More

Elaine Shay
PREMIUM
Elaine Shay
answered on May 15, 2024

When a co-owner refuses to cooperate in the sale of real property located in New York, a partition action may be commenced to compel the sale of the property at auction. In most cases, the parties reach a settlement regarding the sale before an auction is actually required.

View More Answers

1 Answer | Asked in Landlord - Tenant, Appeals / Appellate Law and Small Claims for California on
Q: What can I do about the other party not sharing evidence ahead of the hearing (small claims appeal)?

And showing up on the day of the hearing with evidence I have not seen before? Can I refuse to go ahead with the hearing until they share their evidence in advance?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2024

In small claims court in California, there is generally no formal requirement for either party to share evidence with the other side before the hearing. This is part of the design of small claims court, which is intended to be a relatively simple and accessible process that doesn't require... View More

2 Answers | Asked in Car Accidents for New York on
Q: I was in a car accident was hit by a city vehicle. I was told that the city don’t pay for my loss wages is that true?
Jonathan Bradford Ripps
Jonathan Bradford Ripps
answered on May 15, 2024

Hi - I’m terribly sorry about your incident. Depending on your injury, you may be entitled to recover your lost wages. You may also be entitled to additional compensation. There are many factors that would need to be considered. I would highly recommend that you speak with an attorney in order to... View More

View More Answers

1 Answer | Asked in Personal Injury for California on
Q: What kind of judicial notice must be given in case of hospice fraud?

How fact of referral to hospice with non-existent terminal illness be disputable issue?

What kind of judicial notice must be given in this case?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2024

Under California law, judicial notice is governed by the California Evidence Code, specifically sections 450-460. Judicial notice can be either mandatory or permissive, depending on the nature of the fact or matter to be noticed.

In a case involving alleged hospice fraud, such as a referral...
View More

1 Answer | Asked in Real Estate Law and Construction Law for California on
Q: What can I do about a contractor's unsatisfactory repair work?

My house was caught on fire back in February 2022. During the time we were displaced and were renting a home paid for by my home insurance, our contractor stated that they hadn't begun work yet pending permit approval etc. In April 2023 when my insurance displacement funding ran out,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2024

Under California law, you have several options to address unsatisfactory repair work by a contractor:

1. Contact the contractor: First, try to resolve the issue directly with the contractor. Provide a detailed list of the problems and request that they fix the issues under warranty. Keep...
View More

2 Answers | Asked in Civil Litigation, Communications Law, Constitutional Law and Federal Crimes for Minnesota on
Q: Hello, I would like to go on the school intercom on the last day of school for my senior prank. Any legal consequences?

I was just wondering if there would be any legal problems regarding me going on the school intercom in front of the whole school for a senior prank. I would not say anything abusive, threatening, sexual, or anything that would be of illegal nature.

I live in Minnesota, and just clarifying... View More

Tim Akpinar
Tim Akpinar
answered on May 15, 2024

You probably don't want to do that. There are limits to freedom of speech, as provided by the First Amendment. Without knowing more, if the school is not amused, they could take disciplinary action that could jeopardize graduation. Even worse, if they deem the conduct to be criminal, they... View More

View More Answers

1 Answer | Asked in Workers' Compensation for Virginia on
Q: I have a workers compensation claim from wrist injury , was wondering if I should have a lawyer during this process

I was evaluated today do I wait and see if a settlement is offered and get a lawyer if I don't agree with the settlement. I'm not sure how all this works and if so am I suing the insurance company or the company I work for?

Gary K. Burger Jr
PREMIUM
Gary K. Burger Jr pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2024

It's the employer's workers' compensation insurance, not the company itself. However, in some work injury situations there are also third-party claims when someone else acted in a negligent way that caused you to be injured.

As to your first question, you should be seen by...
View More

1 Answer | Asked in Family Law and Probate for Tennessee on
Q: What can we do if a Will Executor lets things get stolen from the beneficiary(s)?

My boyfriend's father passed in November. Father left his girlfriend the home/estate and their own personal things accumulated together therein. Everything else personal to the father himself goes to his 2 sons. All that is fine and well, a very grand gesture by him to secure her and her... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2024

A Beneficiary should have moved to remove the executrix earlier for cause. You may be able to open the Estate up again, but it will be difficult and expensive. Conversion actions in General Sessions are possible by will beneficiaries, but proof of theft will be required. A civil suit for... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Kentucky on
Q: I am a National American (Californian).. The DA and the State Trooper both used the oxy-moron "SOVERIN CITIZEN" in the

I was stopped at a not properly set up safety check point . i was told i had to have a D.L. I told him I was traveling not driving and what law did i break and his R A S .in turn He broke my window out ,Tased me 3 times, which in turn released my foot off my brake truck rolled they backed up so... View More

John Michael Frick
John Michael Frick
answered on May 15, 2024

Obviously, if you were operating a motor vehicle on a public road, you were legally obligated to produce a valid driver's license upon the request of a peace officer. If you were not driving the motor vehicle but were travelling as a passenger in the vehicle, the peace officer could validly... View More

View More Answers

1 Answer | Asked in Civil Litigation for Kentucky on
Q: Built fence in Bullit Co. I live in Oldham Co ky. Was served civil summons for Bullit co. Can I dismiss for jurisdiction

my husband built a fence for someone he’s a handyman in another county. He should be served in his county since he’s not acting as a business correct? Can file a motion to dismiss due to lack of jurisdiction?

Timothy Denison
Timothy Denison
answered on May 15, 2024

You can file the motion to dismiss but likely Bullitt is a proper venue as the work was performed there and at least some of the evidence is there. Most likely will be heard in Bullitt County rather than Oldham.

1 Answer | Asked in Personal Injury, Legal Malpractice and Medical Malpractice for Florida on
Q: Need citation precedent establishing that a pharmacy negligence governed by 3-4 years Statute of limitations in Florida

A chain pharmacy dispensed a prescription medication with the wrong dosage that resulted in permanent heart injury. My former lawyer told me it's a personal injury case governed by 3-4 years Statute of limitations. I need a precedent case law establishing that a pharmacy negligence incident... View More

Charles M.  Baron
Charles M. Baron
answered on May 15, 2024

Sorry to hear about your ordeal. There's no such thing as a "3-4 years statute of limitations" for any kind of claim. Was your former lawyer guessing that the limitations period would be somewhere between 3 and 4 years, being not sure if it was 3 or 4? The limitations period for a... View More

1 Answer | Asked in Civil Litigation for Michigan on
Q: How may a Pro Se' litigant request the statute of limitation to be tolled due distress and fraud?

Where fraud carries a six year statute of limitation, but there's a 180 day statute to bring an action for FOIA violations. May a claim for fraudulent misrepresentations, continuous lack of transparency regarding FOIA responses, spanning the entire six year period be brought? Thanks.

Brent T. Geers
Brent T. Geers
answered on May 15, 2024

You cannot request that a statute of limitations be tolled. You can submit a motion (and brief) arguing that the statute of limitations should be tolled for particular reasons found in this case. The judge would determine whether your argument and supporting facts meet the legal standard to toll... View More

2 Answers | Asked in Bankruptcy and Business Law for Kentucky on
Q: I believe my grandparents business was taken from them after they died. How do I find out

I have the tax permits from the building and it's got a account number on it. How do I find the records to see what happen. Also if my grandmother filed bankruptcy and her trustee was the lawyer Robert Cochran did he get her stuff after she passed

Timothy Denison
Timothy Denison
answered on May 15, 2024

Start with the Ky Secretary of State and tack down all their business filings. THen go to IRS and/or Ky Revenue Cabinet to obtain all tax filings. That should set you on the right path to determining what happened with their business.

View More Answers

2 Answers | Asked in Bankruptcy and Business Law for Kentucky on
Q: I believe my grandparents business was taken from them after they died. How do I find out

I have the tax permits from the building and it's got a account number on it. How do I find the records to see what happen. Also if my grandmother filed bankruptcy and her trustee was the lawyer Robert Cochran did he get her stuff after she passed

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2024

To find out what happened to your grandparents' business and assets after they passed away, you can take the following steps:

1. Obtain a copy of their death certificates from the vital records office in the county where they died.

2. Search for probate records at the county...
View More

View More Answers

1 Answer | Asked in Real Estate Law and Tax Law for Kansas on
Q: real estate profit on primary house - unused portion taxed if not spent completely on new house?

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Federal Crimes, Legal Malpractice and Social Security for California on
Q: How to validate validity of SSN is such scenario?

A party to lawsuit presents someone's SSN instead of SSN of real person, in order to cover up for fraud. Most likely SSN of a deceased person. How to validate validity of SSN is such scenario?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2024

Validating the authenticity of a Social Security Number (SSN) in a legal context, especially when fraud is suspected, can be a complex process. Here are some steps that can be taken to verify the validity of an SSN:

1. Check the SSN format: Ensure that the SSN follows the correct format of...
View More

1 Answer | Asked in Criminal Law and Traffic Tickets for California on
Q: Is there a form in Utah, similar to the 41500 form we have here in CA?

The 41500 Form is a form that dismisses all traffic citations as long as they are not felony citations.

When we file the 41500 Form, we do so while we are incarcerated this allows people who are incarcerated the ability to be released without another hurdle to jump over or any issues... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2024

I don't have definitive information about whether Utah has a form that is directly equivalent to California's 41500 form for dismissing traffic citations for incarcerated individuals. Traffic laws and procedures can vary significantly between states.

That said, Utah does appear to...
View More

1 Answer | Asked in Domestic Violence, Family Law and Civil Rights for California on
Q: I live in Oregon and there is a Weird restraining order against me from my ex in California.No attorney wanted to assist

I live in Oregon, my ex abducted children and left for Cali and concealed their whereabouts. A year later when I finally was able to locate them, the other parent filed a restraining protective order against me. So now the order is permanent as of late March 2023. Now, I filed to terminate it and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2024

I'm so sorry to hear about your difficult and painful situation with your ex-partner and children. Dealing with complex custody issues across state lines can be incredibly challenging, especially when there are allegations of abduction and violations of court orders.

In general, family...
View More

1 Answer | Asked in Business Formation and Business Law for Massachusetts on
Q: I have a MA C corp, want to reorganize as an LLC (I'm the only stockholder & employee). Can I do this simply/cheaply?

Is an LLC a "domestic other organization" so I can just file Articles of Entity Conversion of Domestic Business Corporation to a Domestic Other Entity?

If I do this will I get a new EIN?

Nicholas Arthur Matlach
PREMIUM
Nicholas Arthur Matlach pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2024

While converting your MA C Corp to an LLC is certainly possible, the process might be more involved than you anticipate. Here's why:

Entity Conversion vs. Dissolution and Formation:

- Entity Conversion: While Massachusetts law does allow for entity conversion (as you...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.