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I have been attempting to schedule a special set hearing for a Motion to dismiss for a few months, but the opposing party continues to state they have COVID 19 complications and will not be able to present their opposing motion. Can I schedule the hearing? Or do I have to wait for the opposing... View More
answered on Jan 19, 2021
These are very unusual times--and thus require using unusual means to get things done in the judicial system.
I suggest re-filing your motion as an "Unconsented Amended Motion to Dismiss" together with a SEPARATE motion requesting a hearing date be set. Explain at the very onset... View More
Ex-spouse & I signed a mediation agreement early 2020, just before legally mandated lockdowns. in lieu of paying to court, ex agreed to pay equivalent amount of per guidelines child support by paying child's insurance coverage (pretax from paycheck) & day/aftercare. Shortly after... View More
answered on Jan 19, 2021
You need to read your agreement carefully. He is not "off the hook." However, if the agreement says he pays the daycare directly and the daycare closed then he can argue that he does not have to pay. You may need to go back to court for clarification or enforcement. What he did or is... View More
I am planning to get her here to live with me..Can I ask the immigration officer for adjust of status at the port of entrance ? O need to start the petition while she is over there? ..She is alone in Ecuador...my brother and sister can’t take care of her but I am
answered on Jan 19, 2021
Consider scheduling a consultation with a competent and experienced immigration attorney who can advise you and your mother the proper procedure for immigrating permanently to the U.S. given her intent to do so from outside of the United States. If she has preconceived intent from outside of the... View More
The plaintiff would like to schedule a special set hearing, but my husband has contracted COVID 19 and is not able to participate in a hearing. I am attempting to assist so he does not lose the case. Do I have to select a date for him since he is not doing well due to COVID 19 or should we contact... View More
answered on Jan 17, 2021
The first step is to ask the other side to agree to a later date. If they agree, the problem is solved.
If they don't agree, and the other side goes ahead and notices the hearing, your husband would need to file a motion for continuance (postponement) of the hearing, and, if... View More
I had a special set hearing scheduled and the plaintiff filed a motion for an enlarged extension of time due to COVID 19. Can I make the plaintiff produce medical documentation if I believe they are lying and just attempting to delay the hearing?
answered on Jan 12, 2021
No. Teaching opportunity: The last thing any court wants to see in pro se litigation are pro se litigants expanding
very simple disputes into major litigation. You are trying to do something that (a) is not helpful to your case; (b) does not matter; and (c) might anger the judge. You can... View More
I am a landlord on a month to month lease agreement with a tenant that states she or I have to give 30 days notice to terminate the lease. She recently painted my home without my approval. I expressed my dismay to her, and told her she should have received my permission, first. She promptly cursed... View More
answered on Jan 3, 2021
Yes, but you must give her proper notice. You should probably consult with a lawyer to make certain things are done correctly. Screw this up, and you could be looking at paying her attorney's fees as well as not being able to get rid of her. If you are in the business of renting property,... View More
He is telling child support that he cant work because of the pandemic and so they reinstated his license. But goes on vacations and leaves the state often. How can I get my child support if he is able to work.
answered on Dec 31, 2020
You have to be able to prove that he is working, or that he is spending money on vacations and trips so that the court can calculate the income he has based on the amounts of money he is spending. If you are only having hearings in child support enforcement court, you must remember that the... View More
We did not recieve anything in writing he told me that i didnt get the memo..is that legal with the pandemic going on mind you i have never missed a payment and have not signed a new lease in 2 yrs
answered on Dec 30, 2020
Unless you have a current written lease your landlord can increase the rent at any time. They may no be able to evict you because of the Covid-19 situation; however, Covid-19 does not prevent rent increases.
Hi,
We have just had our visa extension denied and are now out of status unfortunately it is proving really difficult to wrap everything up and arrange exit before the end of the appeal window in the first week of January. Both Christmas and Covid are causing delays but we are trying to... View More
answered on Dec 18, 2020
Assuming you get an NTA and a Notice of Hearing before an Immigration Judge, and you can provide for your transportation and fulfil the requirements as required by law [INA § 240B(a)], then the Immigration Judge may grant you a voluntary departure period of not more than 120 days from the time of... View More
answered on Dec 10, 2020
Yes, fiance visas are being processed even during the pandemic. There are delays with interviews, but you can get the process started.
And no longer lives in state. He was offered 90 days. Can he somehow get this thrown out. He was arrested on 11/8/20 on new unrelated charges and was told the battery charge has to be taken care before he can have a bond on new charges
answered on Dec 5, 2020
Your son’s problem is the new arrest while out on bond. That’s why he can’t bond out. The new arrest reveals nothing about the first arrest. Either the witness who moved out of state shows up for trial or not. Depending on Covid it might be quite some time before a trial is started. Whether... View More
The hotel were im taking my internship closed due to pandemic and reopened after few months. I asked my agency here in the US if what can i do so i can continue my and finish my internship but they were asking me for another fee so i can continue it. Can i sue them for that? Its not my fault that i... View More
answered on Nov 21, 2020
Unlikely that any success will result, Covid is outside of the program's control. If the program is over, through impossibility of the sponsor, then the intern should leave the U.S. otherwise, it is likely that they will fall out of status as a result. This is likely what has happened, but... View More
Now they are requiring covid test results twice a week and we are not being compensated for the time we are taking to drive to test site, wait in line, take the covid test and wait for results. Is this legal?
answered on Nov 19, 2020
In light of the moment-by-moment changes being made to federal, state and local laws as all the governments try to handle all aspects of the Corona virus pandemic sweeping the world I have decided not even to try to give definitive answers to the scores of questions being posted by askers about the... View More
answered on Nov 18, 2020
Yes, a landlord can charge late fees. Covid restrictions on the landlord do not prevent late fees; you are expected to pay your rent on time.
My lease expired in 2019 and I received a month to month lease with the expectation of purchasing the home but due to COVID everything was pushed back. Owner said I could stay until Pandemic is over. Sept. 11,2020 I received a notice to vacate October 31,2020. My lease states terminating this... View More
answered on Nov 17, 2020
1. No, you are no longer entitled to a 30 day notice because ALL the terms in your written lease expired in 2019 when your lease expired and thus are no longer effective.
2. You have nothing more that a month-to-month tenancy which can be terminated by 15 days notice.
3. Unless... View More
We live in Illinois. We booked a vacation rental property on Captiva Island for Mar 28-Apr 4, 2020. The rental was facilitated VRBO; actual booking was with Dream Vacation Rentals (DVR). We cancelled due to Covid. The Illinois governor issued a "no leisure travel" order on March 20.... View More
answered on Nov 16, 2020
This is a great question.
And actually the answer is simple.
Did the seller of the service perform? No.
Did you prevent the seller from performing? No.
Did you pay for a service and not receive it? Yes.
You are entitled to a full refund.
It gets... View More
From her annuity leaving me and my sister Do I have the power as POA to remove individuals requested by my mother She could not sign the papers herself changing beneficiary because of the coronavirus which she died from And because access to her was restricted she gave me power of attorney to take... View More
answered on Nov 15, 2020
If you have not had any luck with the insurance company, your next step is to hire an estate attorney to talk to their legal department. If that does not help, then the insurance company will file most likely file an "interpleader" and turn the proceeds over to the court, to have them... View More
As a Mini-storage owner can I legally require my new and existing renters to be set up on auto-pay due to the imminent possibility of new lock-downs and Covid restrictions?
answered on Nov 13, 2020
You will have to revise your current agreement to add auto-pay for future customers. For current customer the terms of the current agreement will have to be reviewed.
answered on Oct 26, 2020
As far as legal help, no. The medical provider is legally entitled to protect its staff and other patients from potential Covid carriers, which is most of the population. Also, even when there's no Covid, the first thing done by medical staff is to take your temperature and other vitals,... View More
My mother works in a small office and the owners have been getting lax in taking precaution when it comes to COVID-19. First, they came into the office to work sans mask, despite being in contact with COVID positive people and tried to hide it. They let my mom work from home for a bit while she got... View More
answered on Oct 22, 2020
Generally, your mother would not have a cause of action unless there was an actual law, rule or regulation (as opposed to a non-promulgated guidance) requiring the wearing of masks and the company had a practice of violating it. On the other hand, if she were to join with a group of employees to... View More
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