-
Sign in with:
- Sign in
- Register
- Are you a Lawyer?
Lonnie K McDowell's Answers
- 605 Legal Answers
- 1 Legal Guide
3
Attorney answers:
If I live in Ohio, and buy a car from a dealer in Indiana, what sales tax do I pay?
I agree with the dealer. If the seller is in Indiana and the vehicles are in Indiana, the sale is an Indiana sale.
Selected as best answer
2
Attorney answers:
HOA wont uphold their previous statement and CC&R's? I filled in small claims and they responded that coverage is not "walls in"
Some discovery could be helpful. Request all correspondence, writings, notes, memoranda etc. generated by or recieved by the Board regarding the problem. Send the other side Requests for Admissions like "Admit the CCRs say ____ at page 6, paragraph 2" and "Admit that the attached letter was generated by the HOA Administrator" and "Admit that the Administrator intended the attached letter to be relied on by Plaintiff." would help you prove your case. They have 40 days to respond to the...
Selected as best answer
3
Attorney answers:
Will Bank come after my assets (home, cars, 401k) if I forclose an investment property in AZ?
The bank can foreclose on the vacant AZ property and come after you for the unpaid balance of the loan via a lawsuit. They cannot attach your 401k. California law governs property in California, so you would need to talk to a CA attorney who could help walk you through the specific CA exemptions for house, car, vehicles, money in the bank, wage garnishments, etc. He/she may also help you "cut a deal" with the bank to settle the loan for less than is owed: I have seen banks accept as little...
4 lawyers agreed with this answer
2
Attorney answers:
My spouse did not update his will after our marriage. The existing will leaves everything to my step daughter. Am I entitled
Under Arizona law, you are entitled to your premarital property, plus half of all community property, plus three "surviving spouse" allowances totaling $37,000 in his property. It would be hard to challenge the Will on the basis of "He never got around to changing the Will." If he was tricked or defrauded by stepdaughter into leaving it the same, a court might grant relief, but that is a pretty tough burden of proof. An attorney can help you correspond with the daughter and secure your...
Selected as best answer
2
Attorney answers:
Can a Landlord ask me to leave and put my things in storage and let me know after it goes to court if i can have my things?
What a mess. Some things (like birth certificates, driver's licences, prescriptions, etc) you can get from the landlord before court. Other stuff can be held unitl the landlord is paid what he is owed (back rent and storage fees). Stay in touch with the landlord, find out when the court date is, and tell the judge your side and that you just wnat your stuff back: he/she can enter an order giving you access to retrieve your stuff. If you can bring written permission (a power of attorney)...
Selected as best answer
3
Attorney answers:
Can a voluntary dismissal "without prejudice" still give rise to a malicious prosecution claim?
The landlord accepted rent at the hearing; I do not think you have a slam dunk malicious prosecution case. Voluntary dismissal does not eliminate a possible MP claim, but what are your actual damages if you win? Time off of work? $20? $50? Is that worth a lawsuit?
Selected as best answer
2
Attorney answers:
Should I pay the civil demand?;likelihood the store will pursue for a court case if i dont?
They cannot sue you civilly, but they may have requested that the police file criminal charges to prosecute you as a juvenile offender: unlikely after more than a month. The AZ shoplifting statute allows them to sue your parents civilly. It is unlikey they will sue over $25 worth of goods.
Selected as best answer
3
Attorney answers:
In writing a book of fiction (satire), can you use the names of real people (well known people in the public eye)?
Different states have different laws, and publishing a book that will hopefully be read in any state exposes you to multiple laws, including invasion of privacy, unlawful appropriation of a name or image, false implication of affiliation, copyright/trademark dilution, and other claims, as well as libel. California and New York in particular have a great many laws governing how the names and likenesses of "well known" people can and cannot be used. A reference to a main character in the book...
Selected as best answer
2
Attorney answers:
I need some legal advice concerning my dead fathers will.
A consult with a real live attorney will help you do what you want: surveying the opinions of attorneys online will not be nearly as valuable. A 1 hour consult can be inexpensive: it is a lot less expensive than doing something wrong. When your father died, it very likely constituted a default on the mortgage; even though you are keeping the property up and making the payments, the bank may still have the right to step in and demand the loan be paid in full. It sounds like with your job...
Selected as best answer
4
Attorney answers:
Will Bankruptcy remove a Judgement?
If the home has less than 150,000 in equity (it sounds like it, since seller is trying to short sell) then the judgment "shall not attach" to the exempt homestead, according to the statute. Filing the affidavit is not required to trigger the exemption, but it makes the title company feel better becuase they know you are not trying to claim three homesteads at the same time, so it is a simple solution. Bankruptcy will also strip off the lien if you file a motion to avoid the lien; that would...
Selected as best answer