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J. Brantley Durrett III

J. Durrett’s Answers

37 total

  • Food stamp fraud

    MY SITUATION IS LIKE THIS I WAS RECEIVING FOOD STAMP FOR QUITE A WHILE,I REALIZED ONE DAY I MIGHT BE GETTING OVER PAID,SO I CALLED THEM AND TOLD THEM THIS,THINKING THEY WOULD JUST LOWER MY FOOD STAMPS TO MAKE THE DIFF. THE NEXT THING I KNOW I WAS ...

    J.’s Answer

    You need to retain a criminal lawyer immediately. In all likelihood, the situation can be reversed, but you need immediate representation. Do not talk with anyone until a lawyer is retained.

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  • Can city government prevent me from cutting down a tree on my own property

    If the city tells me I can't cut a tree down on my property & it later falles in a storm & kills someone would that opend the door for a wrongful death suit.

    J.’s Answer

    Very interesting question. I do not feel that a Yes or No answer is sufficient because the answer will depend upon changing cirumstances. Your real issue is whether you will be found liable for not taking an action that you are legally prevented from taking. The short answer would be No - you are not liable for failing to take an action (tree trimming) that you are legally prevcented from taking (ordinance) and that occurs after an act of God (storm). However, this may change based on the circumstances. If the tree growth extends to such a degree over time that a reasonable person would take action you could be found liable. My advice - put the city on written notice of the condition, regularly update the noptice to the city in writing, preserve evidence of your notices and delivery, and maintain adequate liability insurance. You might also look into the possiblity of obtaining a waiver of the ordinance from the city or challenging the constitutionality or legality of the ordinance in court.

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  • Why do some contracts print your name in all capital letters

    Why do some contracts print your name in all capital letters?

    J.’s Answer

    The previous answers have it right. It makes no legal difference and is simply a matter of style. In my contracts and pleadings, I use an acronym for the parties such as the following example: Gulf Coast Manufacturing, LLC ("GCM"). In other words, I define the party first and then use an acronym throughout the rest of the document when referring to that party.

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  • Accident

    In 2004 I was 8 months pregnant and I was crossing a street and this woman just came out of nowhere and hit me,not only was I pregnant but I was pushing my other child in a big bright blue stroller.The lady claimed she didn't see me but clearly sh...

    J.’s Answer

    What you have described is a situation where a lawyer has missed the applicable statute of limiitations for filing your lawsuit for injuries. Absent other facts, you have a right to file a lawsuit against your former lawyer for legal malpractice. However, a legal malpractice suit differs from a typical suit because you must prove a case within a case. Specifically, you must prove that the lawyer violated a duty owed to you and that the lawyer's violation proximately caused you a loss. You must show that as a result of the lawyer's negligence you lost a case you would have won against the original defendant and that you would have been able to collect money from the original defendant.

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  • I bought a car but registered in my ex girl friends name

    I bought a car but put it in at the time my girl friend. We have sents broke up and she came over to my house with some friends of hers and took my keys and took the car. I had personal things in the car when she took it. Can I file theft charg...

    J.’s Answer

    You can not file theft charges. A cahrge of theft is a crime that can only be prosecuted by criminal authorities. What you can do is file an action to have the title to the car placed in your name. You woul dneed to prove your agreement with your ex-girlfrieend and the fact that you paid for the car. It is also possible that you could file a lawsuit based upon conversion which is an unlawful interference with a right of possession to property.

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  • Accident, was not my fault, other driver has no Insurance

    I had a car accident last week. It wasn't my fault. The other driver did not have Insurance, so I have to pay.

    J.’s Answer

    Please check your automobile coverages. Uninsured/undersinsured motorist coverage would cover this situation. Also in some states, you have to execute a form at the time of insurance purchase declining uninsured/underinsured motorist coverage. If you were never offered the coverage, you may have a claim against the insurance agent for coverage.

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  • Family

    I'm married and very unhappy husband is mentally abusive i have a 12 yr. old want to take myself and son out of the state of Texas and move back to NJ where my family is. What would my options be as far as leaving and not coming back to texas.

    J.’s Answer

    Provided there are not any court orders preventing the removal of the child from Texas, you have the right to live with your child where ever you want. Jurisdiction for any divorce or custody battle will remain in Texas for 6 months after you move. Thereafter, jursidiction over the marriage and child will be in the state where you have established your residence.

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  • Income tax

    Who do you turn somone in to ,that has filed tax returns on kids that don't belong to him & has spent the money?

    J.’s Answer

    Definitely the IRS, but don't expect them to take any immediate action. Furthermore, it is possbile that the tax deduction is valid if the kids are children of the person and the person got divorced and allocated the tax deduction between the former spouse as part of support obligations.

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  • Contract

    If someone sells a car under contract to a finance company and the car is in default when they agree to sell it to someone else, is the contract valid?

    J.’s Answer

    You need to hire a lawyer to represent you, but generally you will not be responsible for the contract in most states. There are alot of potential legal theories that coulld assist you in getting out of the contract. A few are: failure of consideration, fraud, negligent misrepresentation, violation of expressed and implied warranties, and violation of consumer protection statues. Since I do not practice in Washington, I can not help you with regard to Washington law, but in most states you would not be held responsible for the contract.

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  • Hosptial and insurance company billing for services not performed

    The local hospital has bought an older Family practice building. The physicians were hired by the hospital as their employee's, meaning that all staff is supplied by the hospital. Now here's a concern of mine. I made an appointment to see my ph...

    J.’s Answer

    Simply show the hospital the EOBs and ask for an explanation and an appropriate refund. Also write a letter to your carrier alerting them to the problem and their failure to identify it in their review..Hospital billing is notoriously inaccurate. When my daughter was born, the hospital billed me for a circumcision!! Talk about medical malpractice....

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