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Andrew Daniel Myers

Andrew Myers’s Answers

13,008 total


  • I had a civil judgment entered against me in 2011 and it has not showed up on my credit report, why is this?

    We initially agreed to settle out of court and have not done so. Record of this has not hit my records or my credit. Should I let sleeping dogs lie, or after three years is there any chance it will hit my credit?

    Andrew’s Answer

    Let sleeping dogs lie. Debt collection people representing creditors do go through court records and judgments in order to find and report judgments against debtors. It is even easier for them now as courts go electronic. But humans are involved in the process so they miss things. By calling and contacting the attorneys, the collectors or the actual creditor, you just be reminding them that they missed one so my advice: move on. Good luck with it.

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  • In a deposition I was asked to name what two plus year old checks were written for

    Can I object after the fact?

    Andrew’s Answer

    The issue is whether you were presented with a copy of the checks indicating payee, amount, date, memo, if any, and any other information on the check. You certainly should have been shown a copy of these documents prior to being asked to offer additional evidence. After the fact objections generally are worth about as much as after-the-crash warnings in that often contemporaneous objections are required, otherwise by answering you may be viewed as having waived the right to object. You can offer changes on an "errata" sheet that should be provided to you if you retained the right to read and sign the deposition. Here is why it is absolutely mandatory that one always go to a deposition with their own attorney, no excuses, and why paying for an attorney to represent one at a deposition will actually save time money and trouble in the long run: http://www.attorney-myers.com/2012/08/personal-injury-depositions/ My bottom line advice to you is to retain a civil litigation attorney in your jurisdiction now to review the actual facts and procedure of your case and to suggest damage control.

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  • Can you fail your first drug test on probation

    I got pulled over for expired tags in Lenoir city and I had weed on me. I told the officer that I did and he searched but only found what I told him I had. If I get probation, can I fail the first drug test?

    Andrew’s Answer

    You sure can. It's not a good idea. But the answer to your question is that yes it is possible to fail your first drug test. You might want to think about ways to avoid that from happening, but that was not your question.

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  • What kinda of attorney is best to sue social security, a disability lawyer or someone else?

    Like the Queens,New York situation I feel my situation has nothing to do with being disabled

    Andrew’s Answer

    Find an experienced Social Security Disability attorney in your jurisdiction to review the facts and procedure in your case, That is the most effective way to go forward with your interests. Suing Social Security is not the way to go.

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  • I recently chipped a tooth on a seed pit that come out of a sand which I had bought at Quiznos. How do I get medical bills paid

    I'm from Washington and the incident happened about a year and a half ago. What kind of lawyer would I need to speak with and am I able to be compensated

    Andrew’s Answer

    At one point you posted that you had recently chipped a tooth on a seed pit from a sandwich, and then it was indicated that the incident happened about a year and a halt ago. That's a big difference and the difference is that notice is always an issue in claims against a commercial establishment and also the ability to identify and preserve evidence diminishes as time goes along. The law with regard to foreign objects in food items is a bit more complex than one might believe initially and this also presents an issue of timing and the ability to preserve and present evidence. Here is more about foreign objects in food: http://www.attorney-myers.com/2012/04/personal-injury-emotional-distress/ The best thing to do now is to immediately consult with an experienced personal injury attorney in your jurisdiction to review the facts and identify specifically what might be available to you. I sincerely wish you the best.

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  • I ride a bike home from work almost every night.so three days ago a cop stoped me.he got out of his car asked for my name and wh

    asked for my name and all that info.the next two nights i get close to home i get stoped again.and the next cop says areyou the one we stoped tge other night are you so and so then took off.then the next night same in the same spot the cop says ar...

    Andrew’s Answer

    The answer to your question depends largely on the context and the facts surrounding the stops. The police may well be concerned for your safety, On the other hand they may have a 'Be On The Look Out' for someone who has a similar description to yours, There may have been local crimes committed in your area by a bicyclist. All of this is speculation, but of course you certainly have the right to be concerned and I would suggest that perhaps you contact the local police department in a low key non confrontational manner and ask for a conference in which you can discuss what is up. There have been many serious bicycle accidents in Massachusetts and across the nation, so much so that a Massachusetts Governor's task force and the federal NHTSA have both released studies on the depth of the problem and what to do to reduce accidents. Here's what I'm talking about: http://www.attorney-myers.com/2015/08/ten-highway-dangers/ I wish you the best and please be safe on your bicycle.

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  • Is it illegal to kneel down and gently kiss a woman on her outer thigh?

    If a woman is sitting down and wearing shorts with her legs crossed, is it illegal to kneel down and gently give her a kiss on her outer thigh? If it is illegal, is there a prosecutor in the world that would pursue a case if a complaint was filed?...

    Andrew’s Answer

    Well, you know what it all depends on the context and the facts surrounding the incident. Only by way of illustrative example, if the woman is your girlfriend, for the most part, no problem. If the woman is unknown to you, a stranger, a person you've never met before, yes it is an assault an battery in that it is an unprivileged unconsented touching. Matters not in the least that there is no "harm", the violation is in the touching. As to whether there is a prosecutor 'in the world' or more relevantly for you, in TX, that would prosecute, well, you know what, again it depends on the context. I believe it is a misdemeanor and not a felony but this depends entirely on the facts and TX law. My best advice, don't go around kissing women, or anyone for that matter, that aren't interested. That's the way it is. Cheers.

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  • Can i sue the post office for pain and suffering?

    The mail lady asked my land lord to sign for my pain medication from the VA, and then refused to give them to my land lord. The mail ladytold my land lord thats she would put them in my mail box. They never made it in my box. They were signed for ...

    Andrew’s Answer

    Bringing a successful legal claim against the federal government or one of its agencies is extremely difficult largely because the government makes the rules how when where and why to sue. And, contrary to urban myth, the U.S. Postal Service is still very much a part of the U.S. federal government. While the postal board of governors were given some autonomy a number of years ago, the U.S.P.S. is a part of the federal government as specified in the U.S. Constitution. In any event, lawsuits against the U,S, Postal Service are controlled by the Federal Tort Claims Act, and here is why all of the AVVO lawyers so far advise you as to the difficulty of suing the post office: http://www.attorney-myers.com/2012/03/claims-against-the-government/ I know this is a bitter pill to swallow. But, that's the way it is. I wish you the best.

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  • I am looking for an attorney that deals with the workplace. My husband has been passed over for a promotion for several year.

    He is more qualified and the ones getting the promotions are less qualified and less experienced. Job openings are not posted and just given to the mayors friends.

    Andrew’s Answer

    The best way to find an attorney is to use AVVO's "Find a Lawyer" tab above on this page. Employment discrimination cases are tough and require an aggressive attorney with experience in that area. I wish you the best with this.

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  • Illegal monitoring...

    Please answer the fallowing question. I´ve posted this before but seem to keep getting indirect answers. I am currently homeless because of my situation. I am not here to waste anyone’s time but my situation seems to be a special one. I have been ...

    Andrew’s Answer

    Do not do anything rash, please. Use AVVO's Find a Lawyer tab up top to find an attorney to help run your info and find out what is actually in your record. You should also check pro bono legal services or the New York State Bar may be able to refer you to a pro bono or low fee no fee program. Please let someone handle this for you and do not do any of the things you said you were thinking of. Life is a gift.

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