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
2 Answers | Asked in Identity Theft, Consumer Law and Employment Law for South Carolina on
Q: Do I have to pay for fraudulent utility accounts in my name in SC?

I recently discovered that multiple utility accounts were fraudulently opened in my name, resulting in my electricity being cut off. The energy company informed me over the phone that I must pay $4,900 within 24 hours, but I have no knowledge of who committed this fraud or how it happened. I... View More

D. Nathan Davis
D. Nathan Davis
answered on Apr 10, 2025

Welcome to the world that we live in now. Fraud is everywhere and the first step is to contact your local police department. After that, you need to contact the customer service at the electric company and talk with them. The power company is going to assume you are wrong and it is your job to... View More

View More Answers

2 Answers | Asked in Gov & Administrative Law and Real Estate Law for Virginia on
Q: HOA hasn't held meetings or elections in 10 years and doubled dues without a membership meeting. Seeking advice on electing a new board and establishing governance.

My HOA has not held a membership meeting or election in over 10 years, despite numerous requests from members. The board met with the president in November 2024 and decided to double our dues without holding a membership meeting. In April 2025, the president said he would talk to the board about... View More

Richard Sternberg
Richard Sternberg
answered on Apr 10, 2025

The case law -- as you seem to appreciate already -- favors corporate democracy in governance. Courts are loathe to substitute their judgment for that of a duly elected condo board operating within its rules of governance and not violating law as to protected classes. So, your first step is to... View More

View More Answers

2 Answers | Asked in Business Law, Consumer Law and Contracts for North Carolina on
Q: Legality of using multiple LLCs to bypass NC dealer's license requirements?

In North Carolina, is it legal for an independent car salesman to avoid obtaining a dealer's license by purchasing and selling cars under multiple LLCs to stay under the five-cars-per-year limit? In this scenario, there are active complaints as the salesman sells cars under a "rent to... View More

Patrick A. Twisdale
PREMIUM
Patrick A. Twisdale pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2025

Please refer to North Carolina General Statutes Section 20-286(11)(a)(2) which states that a Motor vehicle dealer or dealer is defined as "[a] person who... [o]n behalf of another and for commission, money, or other thing of value, arranges, offers, attempts to solicit, or attempts to... View More

View More Answers

2 Answers | Asked in Contracts and Employment Law for South Carolina on
Q: Is a 2-year, 100-mile radius non-compete for a 1099 contractor in photobooth industry enforceable?

I am working as a 1099 contractor in the photobooth industry and have signed a two-year non-compete agreement with a 100-mile radius restriction. There was no compensation or benefits added for agreeing to this non-compete clause. Is this contract legally enforceable?

Patrick A. Twisdale
PREMIUM
Patrick A. Twisdale pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2025

Every situation is different and a full analysis of your particular matter would be necessary. However, generally, South Carolina allows non-compete agreements to be enforceable as long as they are "reasonable" and "necessary" to protect a legitimate business interest which is... View More

View More Answers

1 Answer | Asked in Probate and Legal Malpractice for South Carolina on
Q: Can lawyers drain an estate by changing hands & making mistakes?

I'm dealing with an estate proceeding in South Carolina where three different lawyers from the same law group have consecutively handled my case without notifications when the changeovers occurred. They've been charging an hourly rate directly from the estate itself. I'm concerned... View More

Patrick A. Twisdale
PREMIUM
Patrick A. Twisdale pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2025

In South Carolina, individuals involved in legal disputes who have concerns about attorney conduct may wish to review the South Carolina Rules of Professional Conduct, particularly those relating to communication, fees, and competence. For example, Rule 1.5 addresses the requirement that attorney... View More

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: How does rule nisi assist in bond reconsideration in Georgia?

I have been denied bond in my case. I hired an attorney and am considering filing a rule nisi for bond reconsideration. How can filing a rule nisi help in this situation, and what factors can influence the reconsideration of my bond, given that I've hired legal representation?

Glenn T. Stern
PREMIUM
Glenn T. Stern pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2025

A Rule NISI is just a form; the judge's office fills it out with the time and date for your motion, and then sends out a copy to both sides so they know when it's scheduled.

The factors that are considered when deciding on whether or not to grant bond are:

1. risk of...
View More

View More Answers

3 Answers | Asked in Civil Litigation, Wrongful Death, Products Liability and Personal Injury for New York on
Q: Can we join a hidden lawsuit by sibling over mother's talc-related cancer?

I discovered that my sister secretly filed a lawsuit related to my mother's passing from ovarian cancer, allegedly linked to Johnson & Johnson talcum powder. I wanted to file a separate lawsuit but was told I couldn’t because one was already open. My siblings and I were not involved or... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 10, 2025

So sorry for your loss. Generally speaking, only the duly-appointed representative of your mother's estate can file a wrongful death lawsuit on her behalf, i.e. the executor (if she had a will) or administrator (if she didn't). Depending on how the settlement proceeds are allocated... View More

View More Answers

3 Answers | Asked in Civil Litigation, Wrongful Death, Products Liability and Personal Injury for New York on
Q: Can we join a hidden lawsuit by sibling over mother's talc-related cancer?

I discovered that my sister secretly filed a lawsuit related to my mother's passing from ovarian cancer, allegedly linked to Johnson & Johnson talcum powder. I wanted to file a separate lawsuit but was told I couldn’t because one was already open. My siblings and I were not involved or... View More

Tim Akpinar
Tim Akpinar
answered on Apr 11, 2025

I'm very sorry for the loss of your mother. The lawsuit wasn't really "secret" - it seems it might have been done without letting you know. Lawsuits are often part of public records, unless a court has ordered non-publication, or they're sealed. Otherwise, they can usually... View More

View More Answers

3 Answers | Asked in Probate, Real Estate Law and Tax Law for California on
Q: How to resolve property tax issues and secure home ownership without funds?

My parents passed away 5 years ago and owned a home in Riverside County, CA. My sister moved into the home, and I assumed they left it to her. Recently, my brother presented me with a signed and notarized document stating the home was left to me. After this, my sister moved out, and I moved in.... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2025

There is no easy answer to your predicament. The classic solution is to obtain a new loan to pay the taxes, but you will not be able to do that without title to the property. To obtain title you will need the help of a probate attorney. You might try calling your local legal aid society to see if... View More

View More Answers

3 Answers | Asked in Probate, Real Estate Law and Tax Law for California on
Q: How to resolve property tax issues and secure home ownership without funds?

My parents passed away 5 years ago and owned a home in Riverside County, CA. My sister moved into the home, and I assumed they left it to her. Recently, my brother presented me with a signed and notarized document stating the home was left to me. After this, my sister moved out, and I moved in.... View More

Howard E. Kane
PREMIUM
Howard E. Kane
answered on Apr 11, 2025

You need to file a petition for probate with the Riverside County Superior Court. Once you are appointed as administrator of your father's estate, you should be able to borrow money on behalf of the estate to pay the back taxes. You can also borrow as a beneficiary. Back taxes must be paid... View More

View More Answers

1 Answer | Asked in Probate and Collections for Kansas on
Q: Am I responsible for deceased parents' credit card bills with no assets or estate?

My parents both passed away and they had credit card debt, but there are no assets, estate, or will. I am not a joint account holder on any of their credit card accounts, and I have not received any requests from creditors yet. They lived in Kansas at the time of their passing. Do I have any... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2025

You have no obligation to pay your parents’ credit card bills. Resist their attempts to convince you otherwise. If credit card companies want to be paid they must open a probate case then present their claims and then get paid out of estate assets. But first they will research whether there are... View More

2 Answers | Asked in Business Law and Tax Law for California on
Q: Will LLC members be personally liable for deferred CDTFA sales tax if business shuts down?

I have a retail business in California under an LLC with four members. We deferred sales tax payments from previous quarters due to the business not generating any revenue and have a payment plan set up with the CDTFA. If we have to shut down the business, will the sales tax balance affect the... View More

Pavel Kolmogorov
PREMIUM
Pavel Kolmogorov pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2025

The sales tax liability is usually considered a debt of the LLC, not the individual members, as long as the LLC has been properly maintained (e.g., keeping business and personal finances separate, filing required paperwork, etc.) However, there are situations where the CDTFA could attempt to hold... View More

View More Answers

2 Answers | Asked in Criminal Law, Contracts and White Collar Crime for California on
Q: Am I liable for a fake check transaction sent to me unknowingly in California related to my cousin's business?

I received a payment of $3,000 from someone and forwarded it to my cousin for his business. Later, the sender informed me that they had deposited a fake $8,000 check and used those funds to pay me. Although I had no knowledge of the check, they accuse me of being responsible for the fake... View More

Mario Tafur
PREMIUM
Mario Tafur
answered on Apr 9, 2025

Dear Los Angeles Resident,

Based on the details you’ve shared, it appears unlikely that you would face criminal liability for the $3,000 payment you received and sent to your cousin. California Penal Code Section 476 and Section 475 establish that liability for forgery or handling forged...
View More

View More Answers

2 Answers | Asked in Landlord - Tenant, Civil Litigation, Business Law and Real Estate Law for Texas on
Q: Seeking legal guidance on property management negligence causing $20,000 loss.

I own a rental property in Texas, and my property management company was negligent in screening tenants and maintaining the property. The tenant who signed the lease allowed multiple families to live in the house. Despite repeated complaints and monthly HOA violations, the management company failed... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2025

The success of your case will turn heavily on the language of your agreement with your property management company and the particular facts and circumstances of your case. You will need to prove how the management company knew or should have know that the tenant who signed the lease was likely to... View More

View More Answers

2 Answers | Asked in Real Estate Law, Gov & Administrative Law and Tax Law for Texas on
Q: Is it a RESP violation if my mortgage company misestimated property taxes?

I purchased my home in Texas in October 2023. My mortgage company estimated MUD property taxes based on the land value instead of the newly completed home and the selling price. I discovered this issue in March 2025 when I received a statement showing an escrow shortage of over $1,200, resulting in... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2025

No this is not a RESPA violation. Property taxes are the legal responsibility of the owner (YOU). Lenders almost always require a borrower-owner to timely pay their property taxes. Sometimes, lenders require the borrower-lender to escrow money by paying an additional sum each month with the loan... View More

View More Answers

2 Answers | Asked in Juvenile Law, Domestic Violence and Family Law for Texas on
Q: How to pursue emancipation as a minor in Texas with family support issues?

I am a 16-year-old currently living in Alabama with my grandmother after being removed from my mother's home in Texas by CPS due to domestic violence and home conditions. I work part-time while attending school, so I'm unable to support myself fully. I wish to get emancipated and live... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2025

When you reach 17 years of age, you need to hire an attorney in Texas to file a suit for emancipation. It would be best if your parents were in agreement. You will be required to serve them with your suit and they will have the opportunity to object. Because of how long any case takes to reach... View More

View More Answers

2 Answers | Asked in Estate Planning for Ohio on
Q: Can I change trust assets to POD accounts and which takes precedence: trust or PODs?

I currently have a will and a trust where all my assets are listed. These include my savings, house, and CDs, which I want to change to Payable on Death (POD) accounts. My intention is for my one son and minor grandson to receive everything. I'm curious about the legal implications and which... View More

Beverly A Stull
Beverly A Stull
answered on Apr 9, 2025

I suggest you discuss this with an estate planning attorney. I am assuming your trust is revocable. If your savings accounts, house, and CDs are titled in your trust, then they will each need to be retitled, and then a TOD beneficiary assigned. If those things are titled in the trust, the trust... View More

View More Answers

2 Answers | Asked in Real Estate Law, Contracts and Civil Litigation for North Carolina on
Q: Can a parent revoke a lifetime right deed agreement in NC?

I, as a parent, gave property to my child but retained a lifetime right to the property. Currently, the deed specifies that the child gains the property after my death. However, I would like to dissolve this agreement and take the property back, but the child does not want to return it. Given these... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2025

If you executed a deed which gave a remainder after your life estate, which was delivered and recorded, then no, you cannot revoke the conveyance of a vested remainder. Your lawyer should have told you about the finality of such a future interest deed. The remainderman can convey back his... View More

View More Answers

2 Answers | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Is workplace discrimination claim valid for comments about military status?

During an argument at work, a coworker, who is in the military reserves, threatened to beat me up and insulted my age by calling me old and senile. In response, I mentioned I wasn't afraid of him because he is in the stupid military. He filed a discrimination claim against me, alleging... View More

Jeremy Donham
PREMIUM
Jeremy Donham pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2025

Hi,

You may want to seek counsel within Florida if that is the jurisdiction you are working in. This is a matter of some concern to you obviously, as it should be. Unfortunately, you have to wait on the response from your employer but if you have not given notice of the co-worker's...
View More

View More Answers

2 Answers | Asked in Immigration Law for California on
Q: Which visa is better for IT expert in AI: L1 or O1 for green card path?

As an IT expert specializing in AI with notable projects, currently residing outside the U.S. and looking to find a sponsor, I am considering applying for either an L1 or O1 visa. My goal is to eventually apply for an EB2 visa to obtain a green card and pursue citizenship in the future. Given my... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 11, 2025

L1visa is best if you already work for a multinational company with a U.S. branch, as it offers a clear path to a green card (especially through L1-A → EB-1C). The O1 visa is ideal if you have extraordinary achievements in AI (e.g., patents, awards, publications) since it allows you to... View More

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.