Thomas C Valkenet's Answers

I have left my job and the VP of the company started to send e-mails to people depicting my wife and myself with pornographic pi

Maryland does recognize libel per se, where the injurious character of the libelous act is of common noteriety. In lay terms, it's obvious to anyone reading an e-mail depicting you and your wife in a pornographic pose that it is hurtful and damaging. You need to sit with someone, soon, to discuss this. Now that you know, you must do something. The presumed harm dissipates if you elect to take no action. Also, a lawyer must review all the facts surrounding this situation to truly...

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Can I terminate my partner in unregistered LLC partnership?

If you both are part owners of an LLC, you are "members," and not "partners." Either your operating agreement or the state code dictates your rights. Your phrase "terminate her from partnership and lease agreement" doesn't make a lot of sense without reference to your agreements. Take your LLC documents, and the lease to a lawyer to discuss. It should cost you 2-3 hours of a lawyer's time to sort through this issue with you. I can recommend some very good Frederick area folks you can...

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Can I sue Him for that?

"Can I sue a 72 years old man who is going out with me, "--Just take a few minutes and really, really consider this sentence you wrote to describe the current state of your relationship. This is about enabling behavior on his part, and I'll leave it to you to consider your own role in this mess. If the car is in your name, it's yours to use. But if his name is on title, it is equally his to use. He would be within his rights to drop by and take it for a spin.

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If a state law circumvents the Constitution, what law should I be charging the state official with?

You don't get to "charge" anyone. A public official can be sued to perform their job, and in limited situations, you may sue the employer for that official's neglect (subject to various tort claims acts). Your recourse is through the legislature, and your political party. There are several very good constitutional lawyers in town. Perhaps you'd like to invest in a few hours of their time, and they will gladly teach you how all the issues in your question fit together. The law schools may...

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If debt not paid and never sued what happens

In addition to the good advice, above, DO NOT ignore a lawsuit summons even if you believe it is barred by limitations. Because limitations is an affirmative defense, which must be raised by you in court, even a time-barred claim can become a default judgment if nobody raises the issue to the trial judge. It hardly seems fair, but once the judgment is entered, you have increasingly narrower grounds to vacate as time passes. So, if you get papers in the mail or by personal service.......

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Can the following be slander or libel or defamation?

What info, specifically? For instance, a criminal conviction can be re-published to others as evidence of a criminal conviction, but what if you are sharing info about a lawsuit that was settled or dismissed without going to judgment as proof of a persons bad character? You tread very thin ice, here. Run it by a lawyer. Pay for an hour of their time. If you shoot from the lip, expect consequences.

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Co-signer on a student loan

Only with the lender's agreement will you get off the loan. If the other borrower can refinance with a loan in his own name, that would eliminate your concern. If payments aren't made, the lender can choose to chase and sue one or both of you. That is the whole reason you signed, to give the lender a second option to get paid. If you are forced to pay, you will retain the right to get your money from the co-borrower.

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Do attorneys behave differently in litigation as opposed to post-litigation?

The law degree its privileges often amplify the best or worst of a persons personality. A pity you did not deal with a more compassionate person. The result would have been the same, but without the "jerkness."

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My father made a personal loan to me when he was alive. am i required to repay the remainder of the loan to his estate?

Really? You'd stiff him like that? A decedent's assets (including what others, like you, owe him) belong to the Estate after death. The executor stands in your father's shoes. Your payments will increase the value of the estate, and will increase everyone's share. So all the heirs have an interest in you paying. Alternately, if you are an heir, you might work a deal to forgive the loan in return for reducing the amount of your own inheritance. That way, your not paying will not hurt others.

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Need a lawyer that will fight for me.

If he is claiming to own over your property line, you may have a title insurance policy that will pay for appointment of a lawyer to defend your ownership. Read your policy, and make a claim.

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