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James Underhill’s Answers

623 total


  • Bought a car, but before I registered it in my name, the previous owner has passed. How do I get a title in my name?

    Hi, I live in Colorado and I have recently bought a car from my friends stepfather in Massachusetts. Before I could register the car in my name the title has been misplaced and I don't think that it can be found. But unfortunately his stepfather h...

    James’s Answer

    I would start with an affidavit from your friend that you bought the car and he witnessed it, then get a copy of the seller's registration and death certificate. Colorado may be able to issue a lost title title document so that you can register the car.

    Your best bet is to discuss the matter with a lawyer familiar with these issues and find out your rights and options.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

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  • Should I sue for libel? Am already getting a restraining order for stalking.

    Woman who I ended a friendship with became extremely angry. Felt slighted and betrayed. About 19 months ago she began harassing my husband and me by sending emails, texts and facebook messages. We told her we wanted all communication to cease. It ...

    James’s Answer

    • Selected as best answer

    It sounds like you have two options. When she accosts you and/or your children in public, she is committing an assault. Call 911 and have her arrested. Leaning into your car, touching you or a child, or verbally abusing you beyond normal are all criminal acts.

    Second, you can file for a restraining order, and should do so. The latest action of leaning into the car is a direct physical threat. You should take to the court any emails, letters, etc. that you have showing that she's obsessed and continuing unwanted contacts. If someone saw the car incident take that person as a witness. You must tell the judge that you fear physical harm from her against you or your chlidren to get the order. If you tell the judge you're not really afraid of her, then the judge will deny the order.

    You may want to get a lawyer to assist with the restraining order so that nothing goes wrong and you get the order.

    Your best bet is to discuss the matter with a lawyer familiar with these issues and find out your rights and options.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • What can you do about parental alienation?

    I am the father of my 2 year old son. My soon to be ex wife and I are currently in a custody battle over our son. I have my son per our separation agreement for 9 months (September- June) for the school year and she has 3 months for the summer (Ju...

    James’s Answer

    I am not clear on your facts. If you had a hearing and the judge said she could not take the child out of state then where did he "come back" from?

    You also didn't indicate if there is another proceeding pending.

    As for the question of alienation. It is possible to have any visitation by your wife ordered to be supervised only, which is the remedy for a parent who just won't obey the rules and may be doing things harmful to the child when they have the child. It sounds like either you need a contempt for removal of the child against the court's order, or a hearing to modify parenting time by requesting supervised visitation. Finally, it sounds like she should be paying child support to you. If so, if she is not current, then you can file a contempt on that issue as well, or use the county child services office to garnish her pay.

    Your best bet is to discuss the matter with a lawyer familiar with these issues and find out your rights and options.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • Does anyone or any company hold a copyright or patent on three (3) of the popular casino games, poker, craps, & black jack?

    I am in the process of putting a casino style game together that includes the common games of poker, craps & black jack. I have put together the rules of the game and am in the process of putting together the statistics of the game for the odds of...

    James’s Answer

    The problem is not whether those games are patented or copyrighted. Your problem is whether when you finish designing your game, whether that design infringes any existing patents or trademarks. Also, some ideas just can't be patented.

    Trademark, patent and copyright law (intellectual property) is a very narrow specialty. Most attorneys never do any of that work, ever. The attorneys who specialize are experts. You are going to need to take your questions and facts to an intellectual property attorney and review them. That attorney can tell you whether its worth pursuing protection and what the steps are.

    Your best bet is to discuss the matter with a lawyer familiar with these issues and find out your rights and options.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • I would like to know how to file an amended response to a motion for modification of parenting time

    My attorney filed a response to a a motion for modification of parenting time and misrepresented me to opposing counsel and to the court. I asked him to withdraw. Opposing counsel replied to the court. I would like to file an amended response a...

    James’s Answer

    You have 7 days from the date the other side filed their response to file a Reply. The Reply can address any issue that the other side talked about in their response. If its later than that, you can file a supplement. However, filing pleadings yourself is dangerous as you are unaware of the rules, laws and issues that you need to address.

    Also, when an attorney withdraws you have an opportunity to ask the court to extend all the deadlines in the case about 30 days or so in order to find new counsel. If you ask for the time, then get a lawyer, the court is not going to be amused if you ask for the time and then decide not to hire a lawyer.

    Your best bet is to discuss the matter with a lawyer familiar with these issues and find out your rights and options.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • What is the difference of requesting a I-601 Waiver in or out of the U.S. I am a citizen and my husband is in removal procedings

    We got married while he was in removal proceedings. hes been here seven years, no criminal history. Came in after 16. 10 year bar will be placed, Lawyer stated he will need a I 601 waiver after he goes to MExico becasue there are two ways to file....

    James’s Answer

    Hi,

    At this point in time you cannot file the I-601 from the United States. The government has made talk that such a filing from the US will be allowed, perhaps by the end of this year, but your guess is as good as anyone's.

    The only exception is that a person was the subject of a petition filed before April 1, 2001. (245-I). If not, then it cannot be filed in the US yet.

    So at the present time, your husband would have to leave and file.

    Your best bet is to discuss the matter with a lawyer familiar with immigration issues and find out your rights and options.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • I want to open a new business can a past business debts affect the new business.

    can a new business be held liable for taxes owed on a closed business. i am not sure if money earned by the new business can be taken and applied to the old business tax debt with out my permission. i am already making payments on the tax debt b...

    James’s Answer

    HI, in addition, you should consider:

    1. An attorney familiar with business organizations, dissolutions, etc. can help you make a very strong case for no successor liability in a new company.
    2. If the taxes are corporate income taxes, they do not move so long as the new entity is not a successor.
    3. DO NOT use a sole proprietorship, partnership, or LLC. Use a corporation for the new company. The feds (IRS and CTS) are increasingly declaring that a single owner LLC is just a sole proprietorship for liability, this is especially true if the old business was an LLC.
    4. If you have employment taxes, you can benefit from dissolving the old company. The portion of the employment taxes owed by the company (one half) will go away when the company is properly dissolved. The other half (trust fund) are yours personally if you were the one who decided not to pay the taxes and instead pay another bill.

    Your best bet is to discuss the matter with a lawyer familiar with small business and tax issues and find out your rights and options.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • How to get rid of tenants that don't want to leave premisses although their contract is up?

    I have notified my tenants 40 days in advance (in writing) that their lease agreement/contract will not be renewed. The tenants are not moving out and making excuses such as they don't have time, they are too busy. They are offering next month pay...

    James’s Answer

    As said above, you need to evict these folks. If you take a payment, they will be entitled to stay after your notice that the lease has not been renewed until the period the money would pay for expires. In many leases this is why the lease contains a clause that says that if the tenant "holds over" after the expiration of the lease the rent changes -- usually to double the original rate. See if your lease has such a clause.

    Your best bet is to discuss the matter with a lawyer familiar with landlord/tenant issues and find out your rights and options.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • I signed a lease all pages except the first I did not initial. 11 days later I want out is this a legally binding document?

    This place is dealing with a roach infestation

    James’s Answer

    Hi, a bug infestation that is not immediately controlled makes the space uninhabitable. If you leave a lease becuse the property is uninhabitable, the LL cannot sue you for additional rent. Make sure you can prove the problem. Get sticky traps and collect Exhibit 1. (keep photos when they are full, not the traps). Also, if the health and housing department has not been out to inspect, call them right away, complain and ask them to send an inspector. That report will be Exhibit 2.

    When you move, you will have to be very careful not to take the critters to the new place. You may therefore have damages for which the LL may be liable, such as replacement of furniture, clothing, moving expenses, etc.

    Your best bet is to discuss the matter with a lawyer familiar with landlord/tenant issues and find out your rights and options.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • There is an order for only supervised contact with the children in place, but my ex still emails them. What do I do?

    There is a court order and my children's father is only allowed to have supervised contact with the children, but he emails them to their email address and calls them on my cell phone. (It goes to voice mail.) What do I do? He abused the childr...

    James’s Answer

    A contempt action is the way to go. Not only will it end this particular behavior, but may have a good effect on future behavior and issues.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question