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Eric J Trabin

Eric Trabin’s Answers

4,012 total


  • My husband inherited money from his mother while we were married. we are getting a divorce and understand that his inheritance i

    or if he invested in a mutual fund with the inherited money..

    Eric’s Answer

    If the money was put into an investment then you may be entitled to a portion of it. In general, inheritances are considered non-marital assets but if it is converted, by investment or purchase of other property, then the spouse can claim a portion of it as marital.

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  • Is it permissible to schedule a motion hearing the day before filling /serving the motion ?

    As a pro se party I scheduled with judge clerk hearing near 4 pm closure time, so there was not enough time to get the notice prepared and stamped by court clerks, so then I did it after wards. Is that OK? generally is a Is pro se defendant permit...

    Eric’s Answer

    It's okay to file a notice of a hearing (be sure to give a copy to the opposing side) the day after you've scheduled a hearing, as long as there is sufficient time between providing the notice and the actual hearing itself. On the other hand, you should not be scheduling a hearing if a copy of the motion has not yet been provided to the opposing party.

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  • How to tackle delay in answering interrogatories from a Pro Se party?

    Other side failed to meet 30 day time limit to respond to first interrogators, instead on last day filled time enlargement motion seeking 30 more days. No substantive reasons were given for not having been unable to respond in 30 days allotted tim...

    Eric’s Answer

    If the other side isn't providing the answers to interrogatories in the appropriate amount of time, you can file a motion requesting the court to compel the opposing party to provide the answers. Be sure to set your motion for a hearing or it won't be addressed.

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  • Do I have any recourse or legal rights..

    My pet rabbit returned home with a broken leg n died 3 days after, she was spayed Thank you..

    Eric’s Answer

    You can sue to get a refund of the cost of the surgery and/or the cost to replace your rabbit, but that's about it unfortunately.

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  • What does TRAFFIC MANDATORY INFRACTION HEARING

    My daughter was hit by a driver on her motorcycle and in the hospital now for 2 weeks and has had 7 surgeries. She lost her leg from the knee down and i am wondering what this means to the guy that done it. He has a long record of traffice tickets...

    Eric’s Answer

    It means that whomever received the infraction is required to appear in court for a hearing. The at fault driver may not necessarily be charged with a crime even if he is charged with a civil traffic infraction.

    Obviously you should immediately retain a personal injury attorney for your daughter. I am so sorry to hear of her accident.

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  • How do I get my ex to tell me her new address?

    My kids have told me that their mother is moving to a new home. She gets the kids every weekend. According to the divorce, she has 24 hours to tell me that there has been a change. I'm not trying to stop her from moving, I just want to know her ne...

    Eric’s Answer

    File a motion for contempt and set it for a hearing. The divorce final judgment orders both parties to provide a new address within 24 hours, so if she is violating that provision then she is in violation of a court order and can be held in contempt.

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  • Order for Motion to Compel Mandatory Disclosure.

    Filing motion to compel mandatory disclosure. How do I prepare or get help making the Ex-Parte Order to compel?

    Eric’s Answer

    You won't get a motion to compel mandatory disclosure addressed ex parte. You'll need to set your motion for a hearing. File your motion, be sure to send a copy to the opposing party, then once it is filed you can contact the judicial assistant to schedule a hearing.

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  • My neighbor is calling the HOA or police on me weekly because I have older vehicles. This is really aggravating. What do I do?

    She screams and cusses out her window at my children and I, barged into our garage, tried to run me over with a car, threatened me with her son to "take care of me" and calls the HOA weekly to report I have parked an old car (she reports it as non...

    Eric’s Answer

    • Selected as best answer

    The most serious thing here is that she tried to run you over with a car. Did you report that to the police? That's really serious and I am curious as to what happened when the police were called.

    You can't stop your neighbor from calling the HOA or police on you, but you can address her following you and your children, taking photos, and other harassment. You should hire an attorney to file for an injunction on behalf of you and your kids.

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  • What does Disposition this mean: 1. 784021 AGGRAVATED ASSAULT NT - LETTER OF RELEASE 784021 AGGRAVATED ASSAULT 3rd degree felony

    I was walking home from the mall at night, some years back, and cops accused me of pointing a gun at someone. No gun was ever found. At the time, a spot light was shined in my face, as I sat in the car, but I was never allowed to face my accus...

    Eric’s Answer

    Yes, this case is eligible to be expunged so long as you have never been adjudicated guilty of anything and otherwise qualify for the relief. Despite it being dismissed it is still on your record and will appear on a background check. I strongly advise you retain a criminal defense attorney to assist you with getting this case expunged.

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