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Scott Allen Scholl

Scott Scholl’s Answers

3,389 total

  • I bought my account. How do i get my money back?

    i bought a one time online product. but they keep charging my account.

    Scott’s Answer

    If this an online credit card purchase, I would suggest contacting your card issuer and disputing the additional charges. Your card statement should have an address and telephone number to initiate the dispute process.

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  • Divorce Settlement Question regarding college expenses for children.

    Should I agree to pay for a vehicle for our daughter to replace her current unreliable car out of our children's college fund? The settlement states that the money is to be used for college-related expenses, and in the event there is any money le...

    Scott’s Answer

    This really isn't a question that can be answered over an Internet forum. First, we do not have the benefit of reading the contract (which is what a settlement would appear to be) to be able to interpret the language. Second, there are many considerations, not included in the query, that likely need to be taken into account when trying to answer a "Should I" question.

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  • What is my best option? Can I receive a harrassment citation? Can I file a harrassment citation?

    I dated a guy who I became impregnated by. We split up and have since moved on. I have tried to contact him regarding our child. He has not responded. I have spoken to his now wife and we have made agreements to be cordial for the child's sake but...

    Scott’s Answer

    We don't really have enough information to say whether or not any of your communications would be enough to give rise to any sort of legal action, but with that said --- what good does it do to continue to try and contact them?

    For help with the expenses related to your pregnancy (as well as labor, delivery, future medical expenses, and child support) go ahead a start talking to an attorney about filing a paternity lawsuit. If you cannot afford a private attorney, contact the Office of Child Support Enforcement.

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  • Can I be sued for selling a car that broke?

    I sold a 1997 Mitsubishi Eclipse to a fellow teenager a few weeks ago. I told him all of the issues I knew about the car and he still agreed to buy it. I just received an email from his mother that she filed a lemon law suit against me and wan...

    Scott’s Answer

    Most likely she has not filed a "lemon law suit." Unless you somehow managed to find a brand-new 1997 Eclipse to sell them, the Lemon Law will not apply because it is a used car. With that said, if Mitsubishi wants to give him a new car anyway, all the power to them.

    There *MAY* be an issue of warranty, which you can discuss with an attorney if they do happen file a suit (likely small claims), though hopefully you sold it "as is."

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  • Can the primary parent move to another town with out petitioning the court if it will cause conflict with visitation?

    would the non custodial parent have grounds for contempt if they have not received the Wednesday visitation for over 9 months since the move.

    Scott’s Answer

    While I know some attorneys advise that, as long as it is not a joint custody situation, that the custodial parent can relocate without filing anything with the Court (because under the current law there is a presumption that the move is in the best interests of the child), BUT the problem is that you seem to have an order setting out a specific visitation schedule and if the Court has not modified the visitation schedule then she is in contempt for not following it. Also, some judges do not look kindly upon a parent who just moves without at least obtaining a substituted visitation schedule.

    So, you can ask that she be found in contempt and also look for an alternative visitation schedule if the relocation makes the current schedule unworkable (you don't say how far away she moved, only to another town. Obviously there is a difference between moving 45 minutes away and moving 9 hours away).

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  • My friend's rapist got out of prison 2day&she's terrified he'll come after her&/or her teen daughter.Need self defense ideas!

    We live in AR where I don't think tasers are legal&she would never keep a gun in her home.She has cats,no dogs.This guy is pretty nuts it sounds like,has even attacked/raped his family members.He could have a bad grudge after 14 yrs in prison.He r...

    Scott’s Answer

    I don't think this, or any Internet forum for that matter, would be a good place to learn self-defense. Check into some local self-defense courses. See if any friends, family, or acquaintances have attended any of the courses and can recommend one.

    She can also seek an Order of Protection by going to the Circuit Court of the county she resides in (Pulaski County if she lives in Little Rock), and usually if you contact local law enforcement and advise them of the concerns they can make a point of increasing patrols in the area.

    She should also look at some of the resources available through VINE:

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  • Can you be held in contempt for even a small amount of arrears? What if the arrears are paid in full before the hearing?

    I was a stay at home mom when I became the non custodial parent and ordered to pay support. The Judge did not set the amount, the attorney's involved had to and decided as an unemployed stay at home mom I should pay as if I had a full time minimum...

    Scott’s Answer

    There isn't a minimum amount required before you can be found in contempt, the issue is whether you failed to comply with the Court's order to pay the support as ordered by the Court and, if so, whether that failure to pay was willful.

    Of course sometimes if the amount is small, it's more of a question of whether it's practical to move for contempt rather than if you can be found in contempt.

    But, if you were previously found to be in arrears and ordered to pay the arrears by paying an extra 20% of your support, and 'faithfully paid' the 20% towards the arrears (and the regular support), then you wouldn't be in contempt because you are making payments as ordered.

    If the arrears were already paid, you could argue that the contempt issue is moot - especially if they were paid before you were served with the contempt motion. Of course that isn't likely to be well received if there is a pattern of only coming into compliance when a contempt motion is filed, but going by your post it does not appear that is what is happening.

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  • Been married for 6 years, have 5 yr old and 6 yr old, his 401k in his mom name, do I get half or not in state of Arkansas?

    He is an alcoholic that lies about it. I am very I'll with cytifibrose and depression. He said he could take my kids. I am primary care giver. I work full time and take care of my kids everday. He works or don't every night.

    Scott’s Answer

    There are a number of factors that can go into the division of marital property, though you would certainly have a claim against his 401(k) if he contributed to it during the marriage.

    Likewise, custody is not something that can be answered over an Internet forum and we do not know all of the circumstances in your case. However, if you are the primary caregiver, that is certainly a significant factor for the Court to consider.

    There may be more issues, such as realty, alimony, and of course child support, so it may be to your benefit to consult with an attorney to ensure that you are protected.

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  • Will my non-compete contract hold up?

    I have a non compete and I am being laid off next week. I have an opportunity to go to a competitor of ours in a niche business. The competitor is actually also a partner of ours as well and my role there would not be competing sales wise, rather ...

    Scott’s Answer

    As Mr. Campbell stated, Arkansas does not favor covenants not to compete, but the courts will uphold them as long as they are reasonably tailored to meet legitimate interests.

    You really need to sit down with an attorney, preferably one with some familiarity with the type of business you are involved in, because these can get very complicated quickly and nobody can give a blanket answer. For example, a geographic scope of 50 miles may very well be reasonable in one situation, but not in another.

    Also, it is not just sales that can trigger the non-competition clause, but also whether you may have proprietary information, etc.

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  • How do I retrive my belongings from ex boyfriend ?

    Lived with 1@1/2 years an want let me get any of my belongings

    Scott’s Answer

    You can write him a letter, preferably by certified mail with return receipt, demanding the return of your items within a set period (such as two weeks). If he still refuses you can file a lawsuit against him for conversion (to sue for the value of the property) or replevin (for the return of the actual property).

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