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 Banking, Consumer Law, Foreclosure and Real Estate Law for Arizona on
Q: A person makes a Mortgage pymt, the financial institution accepts and confirms, then puts pymt back in bank acct refuses

I assumed my mothers mortgage acct with W F same bank as checking acct .3 times now they have refused payment making my regular payment triple and my mortgage acct default . What can I do?

Peter H. Westby
Peter H. Westby
answered on Nov 18, 2024

You have provided insufficient information for me to know exactly what is happening. But it sounds as though your mortgage may be in arrears due to unpaid fees or other charges. If the amount tendered is not precisely correct including any late fees or other charges, a lender will often reject it... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I am needed advice on how to proceed with divorce?

I was married to this man for 22 years and he has moved out the house this morning, he is the sole provider of this household I don’t even share a bank account with him, to have access to any funds , I am worried I have a 17 year old son . We are divorcing due to infidelity and irreconcilable... View More

John Michael Frick
John Michael Frick
answered on Nov 18, 2024

You should contact an attorney who practices in the area of law of divorce and/or family law in or near the county where you live. If you do not already have a bank account in your name, you should open one in your sole name. If you do not already have a credit card in your name, you should open... View More

1 Answer | Asked in Personal Injury, Environmental and Landlord - Tenant for Arizona on
Q: If rental is uninhabitable and I was forced to leave do I need to give a prior notice? Landlord knows it's uninhabitable

Mold was making my family ill so we moved ourselves to a hotel in hopes the landlord would remedy it properly. That didn't happen and was made worse by exposing asbestos in dry walls. We found a new place but don't feel it necessary to give a 30 day or even 2 day heads up since they fully... View More

Peter H. Westby
Peter H. Westby
answered on Nov 18, 2024

You did what was right to move your family out of a hazardous situation. But you could have better protected yourselves legally. A 5-day notice to the landlord is required by ARS 33-1361 to terminate a lease where there is a health or safety danger. Since the lease was not terminated, you may... View More

2 Answers | Asked in Tax Law for Michigan on
Q: How is the 16th Amendment constitutional? It is front end taxing, and back end taxing on a person and too broad.

Income - a gain or recurrent benefit usually measured in money that derives from capital or labor. Capital - net worth : excess of assets over liabilities. Labor - the services performed by workers for wages as distinguished from those rendered by entrepreneurs for profits. I am being taxed on the... View More

Brent T. Geers
Brent T. Geers
answered on Nov 18, 2024

Your concerns raise more of a political question than a legal one. And I think you are misunderstanding the relationship between the 16th Amendment and Article I.

Similar arguments and concerns have been litigated since the 16th Amendment was ratified in 1913. Congress's ability to...
View More

View More Answers

1 Answer | Asked in Consumer Law and Banking for Texas on
Q: When the client of a lawyer requests a copy of his file, is lawyer required to supply that either hard copy or digital
John Michael Frick
John Michael Frick
answered on Nov 18, 2024

Yes. Whether the file is maintained as a hard copy file or in electronic format, the lawyer is required to provide the client's file to the client upon request.

A lawyer is not required to keep a copy of the client's file after the engagement has ended. The lawyer is required to...
View More

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: My son went to my mother in MI temporarily while I was incarcerated. I still have full custody. What are my rights?

My son went temporarily to MI while I was incarcerated. I still have full custody. I am doing well and would like my son to be with me again. I believe my son has been turned against me while I was gone. My mother is elderly and in very poor health, My stepfather has Alzheimer’s. So my son is... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 18, 2024

You need to start with the last court order regarding your child. What does it say about who cares for the child while you were incarcerated. You can then return to the court that issued that order to ask to get your child back. Generally, children do not get to choose who they live with. Speak... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: Am I at high risk for facing jail time as my consequence?

I am a 21 year old female, college student, I am a social work major and make straight A's while maintaining 7 classes as well as being Bipolar 1 and managing that. I also am in the national honor society of social workers. This is my first time being arrested, never had a criminal back... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 18, 2024

Everything depends on the facts and circumstances unique to one's own case, however, if you are a first time offender then there are many, many options available to you to greatly mitigate the charges----I highly recommend that you contact a criminal defense lawyer in your area --or a few of... View More

1 Answer | Asked in Estate Planning for Colorado on
Q: In Colorado,along with a notary does a doctor have to sign your DNR within your living will advanced directives ?

I'm doing research for my end of life planning and ran across this item I never heard of before.... doctors signature on DNR's as well as notaries to make the DNR within the Advance Directive/Living will legally binding ref given me : Colorado Revised Statute 15-18.6. etal

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2024

Under Colorado Law there is a mechanism for a doctor to appoint a healthcare decisionmaker for you if you have not already done so and are unable to do so now. This can easily be avoided by appointing a healthcare decisionmaker yourself while you are capable. Your healthcare decisionmaker... View More

1 Answer | Asked in Collections for North Carolina on
Q: I've been receiving phone calls from someone saying they are a litigation service and claim I owe money. Is it legit?

They say I took out a loan several years ago from Easy Loans for 500 dollars and nothing was paid on the loan. I do not recall taking out this loan. I declared bankruptcy not long after the time frame they say the loan was taken out. I don't know if this is a scam or something I thought was... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 17, 2024

Continue to ignore them, this is a scam. You can report the calls to the North Carolina Attorney general's office. Block the calls and eventually they should go away. "Litigation service" is your first clue of scam, and claiming you took out a payday loan that you cannot remember... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Michigan on
Q: I am getting ready to file a motion to change out parenting time, can I file a temp order at the same time or ask for 1?
Brent T. Geers
Brent T. Geers
answered on Nov 17, 2024

A temporary order would likely not be appropriate in this situation. Temporary orders generally are appropriate when no order exists, and there is a need to maintain a status quo. In your situation, there sounds like there is a parenting time order - you don't like it and apparently want to... View More

1 Answer | Asked in Car Accidents for Delaware on
Q: How long should you wait to get your check once the lawyer has already deposited it into his account?

Should they be allowed to come up saying oh Medicaid said you owe more money once a figure was already submitted?

Tim Akpinar
Tim Akpinar
answered on Nov 17, 2024

A Delaware attorney could advise best, but your question remains open for two weeks. It could depend on whether there are medical or other liens (you mention Medicaid). If your attorney has been dealing with them, they would know best. The liens are sometimes handled by third-party administrators,... View More

1 Answer | Asked in Criminal Law for Florida on
Q: What kind of lawyer do I need for a case of Failing to Stop and fleeing and eluding charge

I’m also in a Completely different time zone which makes it harder to Consult these matters

Jeffrey H. Garland
PREMIUM
Jeffrey H. Garland
answered on Nov 17, 2024

You will need a criminal defense attorney. The failing to stop might be a non-criminal citation or a criminal charge. If it is a citation, it will likely be in a different court. The flee & elude is a felony charge. Your lawyer could move to consolidate the citation with the felony. Some judges... View More

2 Answers | Asked in Personal Injury and Legal Malpractice for New Jersey on
Q: OK my case is CRAZY NEEDLESS TO SAY and I'm totally lost in what to do next please help me. Briefly... I hired an attorn

Fir a personal injury case. He lied numerous times in court case was dismissed with prejudice. I filed an ethical complaint I just received a letter from my attorney admitting his office committed fraud. What do I do now. New Jersey case.

Clifford B Cohn
Clifford B Cohn
answered on Nov 17, 2024

Unfortunately you need to contact another attorney as soon as possible, one that specializes in legal malpractice. They are very experienced at pursuing matters where attorneys have either intentionally done something wrong or accidentally done something wrong that has affected your case.... View More

View More Answers

2 Answers | Asked in Personal Injury and Legal Malpractice for New Jersey on
Q: OK my case is CRAZY NEEDLESS TO SAY and I'm totally lost in what to do next please help me. Briefly... I hired an attorn

Fir a personal injury case. He lied numerous times in court case was dismissed with prejudice. I filed an ethical complaint I just received a letter from my attorney admitting his office committed fraud. What do I do now. New Jersey case.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 17, 2024

You need to hire an attorney that practices malpractice law and quickly because just like your personal injury case the statute of limitations is running on your case and if it runs out you will be barred from collecting any money for your loss.

View More Answers

2 Answers | Asked in Car Accidents, Traffic Tickets and Insurance Defense for California on
Q: How much trouble am i in for falling asleep while diving, running a red light and causing a collision?

No one was hurt although the minivan spun several times it had to be towed away. It was a family on vacation and the minivan belongs to a rental company. I have no information from them and don't know what do I do? Also my car is a salvage title with no insurance and no registration but I do... View More

Tim Akpinar
Tim Akpinar
answered on Nov 23, 2024

It could depend on how aggressively the other side's attorney and authorities want to press those issues. If the other side chooses to bring a case, it could depend on how it would be handled. Some plaintiff attorneys assess an accident case in a matter-of-fact approach, seeing it solely in... View More

View More Answers

1 Answer | Asked in Family Law, Real Estate Law and Probate for Maine on
Q: My mom passed away with no will. My brother was living with her at the time of her death. I asked him if I could move in

Are we allowed to live in the house while dealing with probate? If we are do we continue to pay the mortgage payment as it is? Or do we have to pay fair Market value rent for the house to remain living in it until it's sold to close out the estate?

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2024

If the mortgage payments do not get paid in a timely manner by someone, the lender will have the right to foreclose and all heirs lose their equity in the home.

If you and your brother are the sole heirs and the home does not need to be sold to pay your mother’s debts, you each have...
View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Apt manager obtaining signature of a Resident with a third party who hasnt signed the addendum to the Rental Deed. Is it

Legit? Towing the vehicle of a DISABLED without NOTICE just on the pretext that new LP details couldnot be conveyed to My Vip parking portal though the first time registered is done 5 months ago. Despite having my details with them not informing me before towing tantamount to utter disgrace,... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024

Sorry to hear about your LL problems.

There is no such thing as a rental deed. It's either a lease or an agreement to rent living space in TX.

The terms of any lease in TX, can be made or changed by the Landlord "LL" and Tenant, as long as BOTH agree. If you pay extra...
View More

2 Answers | Asked in Personal Injury for California on
Q: How plaintiff can oppose court's decision if Plaintiff's motion for reconsideration is denied?

How plaintiff can oppose court's decision if Plaintiff's motion for reconsideration is denied?

Jonathan Kintzele
Jonathan Kintzele pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024

If a motion for reconsideration is denied, your option would be to appeal the decision within the statutory timeframe, which runs from the date of the denial of reconsideration, rather from the date of the initial order, but only if the order itself was appealable.

Note that the appeal will...
View More

View More Answers

2 Answers | Asked in Criminal Law, DUI / DWI and Gov & Administrative Law for New York on
Q: Can probation hold my license hostage even tho I had a probation revoked, finishing my time in jail

Probation being revoked states the case goes back to original sentencing. Even if I was on probation the court would be the one to order my license being held. I've talked to 2 supervisors at probation and they are holding my license and will not show proof of why after years this is being... View More

Michael S Pollok
PREMIUM
Michael S Pollok pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024

Your lawyer should write a letter to the judge and ask him/her to order probation to return your license. You may also be able to clear your license with the DMV and simply get a new license from them if your statutory revocation period has ended and you are no longer on probation supervision.

View More Answers

2 Answers | Asked in Criminal Law, DUI / DWI and Gov & Administrative Law for New York on
Q: Can probation hold my license hostage even tho I had a probation revoked, finishing my time in jail

Probation being revoked states the case goes back to original sentencing. Even if I was on probation the court would be the one to order my license being held. I've talked to 2 supervisors at probation and they are holding my license and will not show proof of why after years this is being... View More

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2024

I'm sorry to hear about the difficulties you're experiencing with your driver's license and probation status. Navigating these issues can be frustrating, and I hope the following information clarifies your situation.

Disclaimer: This response is for general informational...
View More

View More Answers

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.