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2 Answers | Asked in Collections for Puerto Rico on
Q: I had two people from an engineering firm in Puerto Rico take an online course and now I cant get them to pay me for it.

The amount is around $3000 US What are my options?

Tim Akpinar
Tim Akpinar
answered on Nov 24, 2024

Addendum - I just noticed that the manner in which I wrote my response may not have seemed fully clear. By "local," I should have made it clear that I meant local to Puerto Rico. Good luck

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2 Answers | Asked in Animal / Dog Law for California on
Q: Can we sue a veterinary clinic in another state (FL) for malpractice without a veterinarian letter claiming malpractice

We had a dog spayed in FL which had complications totally $15K. We've been unsuccessful in obtaining getting the surgeon to response back with a letter of malpractice against the veterinarn clinic in FL.

William John Light
William John Light
answered on Nov 24, 2024

You can sue, but you will lose. Complications are a normal part of surgeries, whether on humans or animals. In order for the veterinarian to be liable for the complications, you have to show that s/he did something negligent, or below the standard of care. If you can't show that with... View More

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2 Answers | Asked in Car Accidents for California on
Q: My brothers boss owes him $200,000 for an accident. My brother killed himself. Can I seek the money for his children?

He was in a motorcycle accident while working but his boss/friend didn’t have insurance at the time. He had a lawyer and was going to get paid a substantial sum but chose not to sign paperwork. His boss was getting a settlement himself and convinced my brother to not follow through so he... View More

William John Light
William John Light
answered on Nov 24, 2024

Your brother's personal injury claim has components for pain and suffering, and for economic losses. Once your brother passed, only the claim for economic losses remains (wage loss and medical expenses). His children can pursue those losses, but they likely aren't large enough to... View More

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1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for New York on
Q: Hello. Question. My husband's mother transferred shares of a cooperative apartment to his name.

Hello. Question. My husband's mother transferred shares of a cooperative apartment to his name. This was done during the marriage, but his mother registered the title to the apartment only in my husband's name. Now my husband has decided to make a will and a trust, but he has indicated... View More

Howard E. Knispel
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Howard E. Knispel
answered on Nov 24, 2024

A gift to your spouse is not marital property even if given during the marriage unless it is comingled or transmuted. However, upon death, there are protections for a current spouse regardless of the will. New York has a "right of election" that allows a spouse to disregard the will and... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Florida on
Q: In a personal injury if the person eas on Medicare half of the time and on Medicaid the other half. Is cap for suing?

A relative died because of nursing home negligence and a fall.

Charles M.  Baron
Charles M. Baron
answered on Nov 23, 2024

Medicare and Medicaid services, in themselves, do not create a cap on the gross total recovery one can obtain, but Medicare and Medicaid have automatic liens on a personal injury or wrongful death claim so that they can recover what they paid out for treatment as a result of the wrongdoer's... View More

2 Answers | Asked in Family Law and Probate for California on
Q: My eldest brother, DPOA of my father and successor trustee, bought home which was in Trust via a living estate-Legal?

He didn’t notify the beneficiaries of trust, myself and my brother, of such change to trust. We feel its breach of his fiduciary duties and self serving.

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Nov 23, 2024

If your father is alive and still capable of handling his affairs, and the trust is still revocable, then he can make any changes he wishes. If you have reason to believe he was subjected to undue influence, speak with an attorney to see if the situation can be remedied. Be prepared to provide... View More

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2 Answers | Asked in Bankruptcy for Ohio on
Q: Can I pause my installment agreement to pay for my chapter 13 bankruptcy
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 23, 2024

An "installment agreement" for what? Youe house, a car, a debt consolidation program?

There are various ways to pay for a Ch. 13 bankruptcy, but to answer your question reliably, a practitioner will need your fully detailed financial situation.

Confer with an experienced...
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1 Answer | Asked in Gaming and Personal Injury for Maryland on
Q: Hello, filed a slip and fall case with Harrah’s casino, over a year ago, is it common for them not to make a settlement

Offer to resolve this issue. Or is the attorney not disclosing this information ?

Tim Akpinar
Tim Akpinar
answered on Nov 23, 2024

A Maryland attorney could advise best, but your question remains open for two weeks. There is no universal short answer to your question. Every case is different, based on the liability of the premises and a claimant's injuries. Defense attorneys generally review cases in terms of whether it... View More

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: My neighbor got fired for not going to work for 3 days but he had a doctor's note so is there anything he can do
Brad S Kane
Brad S Kane
answered on Nov 23, 2024

The first question is whether the employee communicated with his employer about his absence. If the illness was so severe and unexpected that it prevented communication, then the failure to notify the employer could be excused.

In California, if your employer has at least 5 employees, then...
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1 Answer | Asked in Contracts and Real Estate Law for Michigan on
Q: My grandfather recently died and we found that he entered into option to buy agreements with no exp date. Enforceable?

The agreements were one for the farmland and one for the farmhouse back in 2012 and 2013. Both have given monetary consideration but no expiration date (grandfathers death triggered the option). Both options are for purchase prices far below market value. Also, the optionees on the land deal are... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 23, 2024

Without seeing the actual paperwork it is impossible to provide any real advice but

1) If there was 'consideration' given

2) if the agreement was in writing

3) if the other conditions have been met

and

4) if the other party (ies) are wanting to...
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3 Answers | Asked in Car Accidents, Personal Injury, Civil Litigation and Legal Malpractice for California on
Q: I have a case where I was rear ended by a drunk driver who was driving another persons car. This happened on the highway

Causing me to flip multiple times and get tboned by a 16 wheeler. I was rushed to the hospital and was found to have major injuries to my spinal cord with multiple contusions to my neck and back. I’m In pain everyday and can’t get the medics, attention I need because of this major setback which... View More

William John Light
William John Light
answered on Nov 23, 2024

It sounds like your lawyer got you the policy limit of the drunk driver. It sounds like the semi truck driver isn't at fault, although if he left the scene that is suspicious. Nevertheless, if the semi driver can't be found, what do you want your attorney to do? He got all of the... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: What can I do if the locks were changed and all my possessions were thrown out?

I am a 67 years old disabled wheelchair bound senior citizen. I have lived at 35 Woodbine Street for 49 years. In June 2023 my brother gifted the house to his daughter for $1. On June 20 she sent me a text telling me I have 60 days to move out. On August 20th I text her back stating I needed more... View More

Roland Godfrey Ottley
Roland Godfrey Ottley
answered on Nov 23, 2024

This appears to be an illegal eviction and destruction of property, with several legal violations given your specific circumstances.

1. Illegal Self-Help Eviction

- Your niece's actions constitute an illegal "self-help" eviction by changing locks and removing...
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2 Answers | Asked in Real Estate Law for Florida on
Q: I purchased a vacant residential lot at a tax auction. The neighbor removed the fence on their property that faced my lo

I purchased a vacant residential lot at a tax auction. The neighbor removed the fence on their property that faced my lot and installed a new fence at the front of my property with a gate. I want to remove the fence they installed and gain access to my land.

What should I do? Should I hire... View More

Fernando A. Prego
Fernando A. Prego
answered on Nov 22, 2024

You will need a survey of the property that will show encroachment onto your vacant lot as a result of the installed fence. If there is encroachment, that subjects the neighboring owner to civil claims to quiet title, partition of real property, ejectment, trespass, injunctive relief, and other... View More

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2 Answers | Asked in Real Estate Law for Florida on
Q: I purchased a vacant residential lot at a tax auction. The neighbor removed the fence on their property that faced my lo

I purchased a vacant residential lot at a tax auction. The neighbor removed the fence on their property that faced my lot and installed a new fence at the front of my property with a gate. I want to remove the fence they installed and gain access to my land.

What should I do? Should I hire... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 23, 2024

The previous answer correctly suggests some of the measures that might be done. But as I read the question, the new fence is not on the neighbors' property but on the property of the person who asked the question, and blocks access, presumably from the street.

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1 Answer | Asked in Small Claims for Washington on
Q: regarding a potential small claims case. I have an individual who borrowed a lump sum of money an is not paying

I have a friend who borrowed a lump sum of money and is not paying. I’m wondering if it is possible to take them to small claims court even though we do not have a signed agreement.

Tim Akpinar
Tim Akpinar
answered on Nov 22, 2024

A Washington attorney could advise best, but your question remains open for three weeks. It could depend on what additional proofs exist that a loan was made - notes, emails, cancelled checks, etc. 'No guarantees in a case like that - it could depend on the quality of the evidence, the... View More

1 Answer | Asked in Car Accidents for Arizona on
Q: If a driver has an at-fault auto accident causing damages/injuries, is a person with POA over that driver, liable?

We're trying to decide if it's time to take the keys from my 94-year-old father-in-law. His car has auto brake and notifies him if he wanders out of his lane. But, his mind is not the sharpest.

Tim Akpinar
Tim Akpinar
answered on Nov 22, 2024

An Arizona attorney could advise best, but your question remains open for two weeks. In general, a POA would give you authority to handle certain activities (banking, administration, etc.) for your father-in-law, as outlined in the POA. In most cases, that should not lead to liability. One would... View More

2 Answers | Asked in Personal Injury for California on
Q: serving of documents electronically

What specific ccp and rule of court define, when serving of documents electronically can be performed by a party to the case, not by other persons?

David W Gammill
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David W Gammill pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2024

CCP § 1010.6 and California Rules of Court, Rule 2.251.

1. CCP § 1010.6**: This statute allows for electronic service of documents in an action filed with the court, in accordance with rules adopted pursuant to subdivision (h) (West's Ann.Cal.C.C.P. § 1010.6).

2....
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1 Answer | Asked in Estate Planning for Illinois on
Q: My Father passed last month and left no will. He has a house, cars, retirement funds, investments and etc. can I become

Admin for his estate and does his estranged wife/separated for 14yrs receive anything?

Bryan R. Bagdady
Bryan R. Bagdady
answered on Nov 22, 2024

Yes. As an heir, you are entitled to petition the court to open the estate and be appointed as the administrator. Any of your siblings and your father's estranged wife are entitled to file such a petition. Under the Illinois statute, your father's wife and his children split the proceeds... View More

1 Answer | Asked in Tax Law and Agricultural Law for Florida on
Q: Tax rate on 614000.00illinois farm sale from florida resident
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 22, 2024

If I correctly understand what you are asking, you want to know the taxes applicable to the sale of property in Illinois. You would have to ask the authorities in the area of Illinois where the farm is located. For federal income tax (capital gains), of any, that would depend upon your specific... View More

1 Answer | Asked in Contracts, Civil Litigation, Construction Law and Small Claims for Puerto Rico on
Q: I hired a contractor to add a new roof to my house. He “ Finished “ the roof doing a horrible job resulting in leaks

He told us he was licensed merchant Naics codes 56173, 23611, 23819. The valleys on the roof was done incorrectly. He didn’t put the windows in the roof nor the balcony in the house. Called him over 3 weeks with no response and has blocked our contact. We’ve already paid him the full 20,000.... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 22, 2024

Pursuant to the Contractor Registry Law of 1995, all contractors in Puerto Rico must inscribe in the Department of Consumer Affairs' (DACO) Contractor Registry, plus maintain a performance bond of at least $15,000 to respond for deficiencies in their work.

Your attorney can file a...
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