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Stephen Clark Harkess

Stephen Harkess’s Answers

7,156 total


  • Me and an ex have a joint bank account and he hasn't taken my name off of it so is the money mine also that I can use?

    We opened the account together over a year ago and I am still on it and there is money in the account hat we share so I can I legally withdraw money since I am on the account? and he never took me off of it and when I went to get my name taken off...

    Stephen’s Answer

    If the account is negative then there is no money to take. Once the account is positive, you may have an argument to withdraw it, but you are probably going to create more problems for yourself than the money is worth. Your best bet is to achieve complete separation as soon as you can.

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  • What type of attorney do I need that is not class action, who would file a suit against ashley madison?

    My personal information, name address, and phone number was hacked from the site. They charged me a fee to delet the info, and it was not deleted. I would like an attorney based on a contingency fee. I am married with children. I have all the evid...

    Stephen’s Answer

    In order to hire an attorney on contingency fee, you need to be able to win damages that are several times the value of the work that you are asking the attorney to put into your case (the attorney will be paid a percentage of what you recover). Unless you have many thousands of dollars of provable damages, no one will touch your case without actual payment from you.

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  • If my wife doesn't show up to testify will I be charged?

    In February, my wife and I got into an argument and our upstairs neighbor called the police. I was arrested for DV and 4 other charges including assault, battery, false imprisonment, criminal tampering and property damage. I never hit her and ther...

    Stephen’s Answer

    You have already been charged. If your wife does not appear for trial and is not compelled to do so by subpoena, then it is likely (though not certain - depends on what other evidence the prosecutor has) that your case will be dropped. However, that means that you have to see the process through to trial and take the chance on your wife getting a subpoena to testify. You really should get advice from your lawyer in determining what you want to do.

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  • We received a check from our insurance for a medical bill, made out to my husband. Can we use it for other bills?

    Our medical insurance company sent us a check in my husband's name only. Today we received an letter from the provider stating that we have to endorse to them. Can we keep the money for bills and make them payments or is it illegal?

    Stephen’s Answer

    Your medical bill is owed at the time of service. You don't have an automatic right to a payment plan and the doctor's office is unlikely to offer one since they know that the insurance company gave you the money to pay the bill. You are likely to incur collection costs and a lawsuit if you decide not to pay the medical bill and use the money for other things.

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  • Can I bring suit for myself and my boyfriend as we were detained, searched, we were falsley accused of shoplifting,

    While in kohls dept store shopping the LP called the police and told them that she saw me steal something, the police came into the store asked me to go into the LP's office which I complied with the LP stated she saw me conceal a men's belt I too...

    Stephen’s Answer

    You can sue anyone for anything. You cannot sue for your boyfriend unless you become a lawyer, but he could join your lawsuit if he wanted to. However, since you haven't described any actual damages, you are unlikely to win much in such a lawsuit. You are probably better off contacting Kohls corporate headquarters and lodging a complaint there.

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  • Founded company in 2009. Company failed 2010. Founder filed BK 2013. BK discharged 2014. Investors still asking for money.

    1. Investors listed as creditors in Bankruptcy. Bankruptcy went unopposed and was discharged. 2. One investor periodically sends me articles of white-collar-criminals who were imprisoned due to securities fraud or felony theft. This scares...

    Stephen’s Answer

    The bankruptcy eliminated your civil liability unless the creditor convinces the bankruptcy court to allow a very late filed adversary complaint to pursue the fraud allegations (very very unlikely).

    In order to get a review of your potential criminal liability, you would need to provide an attorney will a complete outline of your dealings with the investors, all communications with the investors, and any allegations made by the investors. No answer provided without all of this information will be useful in any way.

    Unless you are contacted by law enforcement (in which case you must immediately hire an attorney) the investors are likely just blowing smoke. If the threats bother you, you should discuss the discharge violations with your bankruptcy attorney.

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  • I am filing chapter 7. Should I declare the value far and away above actual ?

    I have jewelry. I do not want the trustee to take it. Period. It is heirloom. Should I declare the value to the max of the federal wildcard to keep the trustee from taking it? That would be (12,000 wildcard...I do not have a house to prot...

    Stephen’s Answer

    You cannot claim the wildcard exemption if you have lived in Colorado for the past two years. Make sure you are using the right exemptions or you may lose the right to exempt any of your property. You really should be working with an attorney.

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  • Can I legally keep my ex's mother from seeing my son?

    My ex's estranged mother is a terrible influence on my son. She repeatedly goes against my wishes when it comes to health issues i.e. asthma, and allergies, causing unneeded health risk. She has cats, he's allergic to cats. He has sugar intoleranc...

    Stephen’s Answer

    You have every right to keep the grandmother from contacting the child during your parenting time. During his mother's parenting time, it will be up to her. Unless you can convince a judge that your child is in danger, you cannot stop your ex from allowing contact if she wishes.

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  • I lent my roommate money for rent because our apartment complex said we're both responsible if she doesn't pay

    She still hasn't paid me back over 5 months later. It was $550. I lent her money because my credit was in jeopardy if she didn't pay. I'm thinking about taking her to small claims court. Now we got a huge bill for carpet replacement upon moving ou...

    Stephen’s Answer

    The landlord will sue whoever they think they can get money from. It sounds like that will probably be you. If you are forced to pay more than your fair share, then it will be up to you to pursue your roommate for reimbursement of what you owe. You always have to be careful who you sign a lease with.

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