James C Underhill Jr.’s Answers

James C Underhill Jr.

Contributor Level 14
  1. Does anyone or any company hold a copyright or patent on three (3) of the popular casino games, poker, craps, & black jack?

    Answered about 2 years ago.

    1. Bruce E. Burdick
    2. James C Underhill Jr.
    3. James Juo
    4. Daniel Gary Rosenthal
    4 lawyer answers

    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...

    2 lawyers agreed with this answer

  2. I want to open a new business can a past business debts affect the new business.

    Answered about 2 years ago.

    1. Steven M Zelinger
    2. James C Underhill Jr.
    2 lawyer answers

    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...

    2 lawyers agreed with this answer

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

    Answered about 2 years ago.

    1. David Littman
    2. James C Underhill Jr.
    3. Karl J Geil
    3 lawyer answers

    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

    2 lawyers agreed with this answer

  4. Does an attorney need to be admitted in the U.S. District Court District of Colorado in order to enforce a subpoena?

    Answered about 2 years ago.

    1. James C Underhill Jr.
    2. E Dwight Taylor
    3. Eric Jerome Gold
    3 lawyer answers

    At the present time the Supreme Court Disciplinary Counsel's office has taken the position that as long as an attorney practices only "federal law" in Colorado, that person does not need to be a member of the Colorado bar. However, any attorney who wants to practice in the Federal District Court for Colorado must be admitted to that court's bar. You can call the clerk to see if the attorney has been so admitted. If you are in a lawsuit, the best thing is to get advice about how to...

    2 lawyers agreed with this answer

  5. Does my situation fall under an estoppel?

    Answered about 2 years ago.

    1. James C Underhill Jr.
    2. Andrew John Contiguglia
    3. Michael Graves Brownlee Jr.
    3 lawyer answers

    No. The insurance company told you there was a chance, albeit small, that the motorcycle would not be totaled when they said 99%. They should be giving you a check for repairs. Whether you have the MC repaired is up to you. Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, and pay a lower cost. Neighborhood Law Office is such a firm. Good Luck Jim jim@NeighborhoodLawOffice.com

    2 lawyers agreed with this answer

  6. I live in colorado and married--when i die does my life insurance go to my designated benficiary 100% or does the wife get 50%

    Answered about 2 years ago.

    1. Bernard Harley Greenberg
    2. James C Underhill Jr.
    2 lawyer answers

    In Colorado there is something called the "widow's share" which means that a widowed spouse is entitled to claim 1/2 of an estate if married to the person at the time of death and left out of the will. However, life insurance with a named beneficiary probably doesn't fall in that category because the life insurance company will pay the named beneficiary and the money doesn't pass through the estate. This is why we always advise using the term "Estate" as the beneficiary of a life insurance...

    2 lawyers agreed with this answer

  7. Can I set up a blog for people who have been raped to name the rapists, without facing legal consequences?

    Answered about 2 years ago.

    1. Christopher Daniel Leroi
    2. Daniel Nelson Deasy
    3. James C Underhill Jr.
    3 lawyer answers

    If you are asking if you can make a website to list names of people already convicted of rape, then you don't have to -- there is a state sexual offenders list already. Just publish how to find the list and find a name. If you are asking whether you can report the names of people arrested or charged with rape, but not convicted then you may well have an issue. It would be defamation for example to have listed someone who was charged, but the charges were later dropped, the person plead to...

    2 lawyers agreed with this answer

  8. Do I need to post, I am no longer responsible for any debts incurred by Joe Blow as of xx/xx/2012, in the paper in a divorce?

    Answered about 2 years ago.

    1. James C Underhill Jr.
    1 lawyer answer

    No. In the decree you want the judge to rule on who is to pay which debts. The order is NOT binding on the creditors, but if you are harassed by a creditor for a debt the H was required to pay, then you go back to the court on a contempt motion. However, you should also write a letter (real, snail mail letter) to all creditors, banks, etc. and tell them you are no longer responsible for cards, accounts jointly held. They'll tell you it doesn't matter, but it will protect you from charges...

    2 lawyers agreed with this answer

  9. How do i fight a restraining order granted in a different state than where i was served and live?

    Answered about 2 years ago.

    1. Christopher Daniel Leroi
    2. James C Underhill Jr.
    3. Karl J Geil
    3 lawyer answers

    I agree. You have a right to attend a hearing within about 10 days of the issuance of the order. If the grounds are correct and you did what you were accused of, then you may wish to reconsider fighting. You'll need a lawyer in CA and you'll need evidence of some kind, text msgs, emails, witnesses, etc. The best bet is to find a good lawyer who provides advice on this kind of issue on a regular basis and review your specific facts; the lawyer will be able to give you an analysis of the...

    2 lawyers agreed with this answer

  10. My ex-husband's employer is taking my child support out of his checks as a court garnishment but not sending the money to me.

    Answered about 2 years ago.

    1. David M. Rich
    2. Karl J Geil
    3. James C Underhill Jr.
    4. Christopher Daniel Leroi
    4 lawyer answers

    If you filed a garnishment yourself, then the employer has to wait a certain number of days before it can send the money. The employee is given a period to object to the court. If the county placed the garnishment, then the same rule doesn't apply and you should see the county about the payments. Here the employer is withholding the money, so it doesn't seem that the employer is trying to interfere. Finally, if you did the garnishment yourself, the garnishment form will require the...

    2 lawyers agreed with this answer