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Shannon Claire Lamb

Shannon Lamb’s Answers

56 total


  • I was scammed out of 6 months rent. Can I file myself in small claims?

    The person signed a 6 month lease. They were supposed to pay security and first month rent. In any case they ended up scamming me out of the rent as they lived in the room for the first month and ran out. They paid via paypal and then stopped p...

    Shannon’s Answer

    The Kings County Supreme Court website should have information on how to proceed with a small claims court matter: http://www.nycourts.gov/courts/2jd/kings/Civil/index.shtml

    I tried to get a more specific link for you, but for some reason the site requests a password. Here is the phone number: 1-800-COURTNY (1-800-268-7869)

    You may also wish to consider hiring an attorney to handle this matter on a contingency fee basis - he/she will take a percentage of your recovery, minus any costs for handling the matter. Whether an attorney is willing to do this depends on the specifics of your situation.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • Do I have a slander suit against my mother?

    My Mom has been telling people that I was on drugs (crystal meth) while living w/her and that I use to leave my son w/her for several days w/o calling to check up on him. This could be the furthest thing from the truth as 1) I dont do drugs &...

    Shannon’s Answer

    Sorry to hear about your troubles.

    In California, pursuant to Civil Code, Section 46:

    Slander is a false and unprivileged publication, orally uttered, and also communications by radio or any mechanical or other means which:

    1.Charges any person with crime, or with having been indicted, convicted, or punished for crime;

    2.Imputes in him the present existence of an infectious, contagious, or loathsome disease;

    3.Tends directly to injure him in respect to his office, profession, trade or business, either by imputing to him general disqualification in those respects which the office or other occupation peculiarly requires, or by imputing something with reference to his office, profession, trade, or business that has a natural tendency to lessen its profits;

    4.Imputes to him impotence or a want of chasity; or

    5.Which, by natural consequence, causes actual damage.

    It sounds like your mother's statements fall under the first category of slander. However, from the information you have provided, I can't tell if you have sustained actual damage or not. I would suggest consulting with an attorney who specializes in defamation matters to determine the best course of action in your case. You may wish to consider sending a strongly worded letter to your mother to encourage her to stop making these statements. If you do so, have an attorney review your letter before sending it out.

    Good luck.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • Is the city of Omaha lible?

    I was driving down a street in the middle of the night coming from a club, when I heard gun shots, as i kept on driving I saw a police office running from my right side shooting across the street I was driving down at a suspect. I stopped and was ...

    Shannon’s Answer

    It sounds like you were in the wrong place at the wrong time.

    I agree that you should start with consulting a personal injury attorney about whatever property damage and personal injury you may have sustained during the rear end collision. You should also discuss with that attorney the other circumstances surrounding the accident and your interaction with the police officers to see if there might be a case there.

    Keep in mind that there are certain deadlines for filing a claim against a public entity that are usually shorter than the deadlines for filing a lawsuit -- in most cases, 6 months. Failure to timely file a claim will bar your ability to maintain a lawsuit.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • Can I sue my oral surgeon?

    october 22, 2010 I had 4 wisdom teeth pulled and 2 others removed. During the healing process the left side of my jaw waa huge and from the center of my bottom lip over to my jaw bone continued to be numb. I couldnt feel my lip, my gums, or my tee...

    Shannon’s Answer

    In addition to the above responses, make sure that you are communicating your issues to your dentist. This is probably best done without threats of litigation. Perhaps he/she has some suggestions for you. You may also wish to consider consulting with another dentist to see if he/she can make some suggestions about your particular situation.

    Good luck.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • I went running in the park, slipped in ice and twisted my ankle.

    The ice was covered with snow and I couldn't see it. Jogging there is my Sunday routine, and I never miss it, even if it snows. Can I sue the township? Thank you!

    Shannon’s Answer

    In addition to the two previous answers, you may also be subject to the assumption of the risk doctrine - by running, you are assuming the risk of injury by participating in the sport, and a twisted ankle is one of those known risks, even if it was occasioned by the failure of your township to clear the snow.

    Your best bet is to consult a personal injury lawyer in your area so that you can get an opinion tailored to the specific facts of your case. Most personal injury lawyers will not charge for a consultation. You can find one at Avvo.com, or by contacting your local bar association: http://www.philadelphiabar.org/page/HomePage

    Keep in mind that there are certain deadlines for filing a claim against a public entity that are usually shorter than the deadlines for filing a lawsuit -- in most cases, 6 months. Failure to timely file a claim will bar your ability to maintain a lawsuit.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • How can i delete myself from avvo?

    ?

    Shannon’s Answer

    Your post did not specify if you are a professional or are someone seeking legal advice via these forums.

    Questions or comments about the Site or its contents should be directed to Customer Care via internal email: http://www.avvo.com/support/contact_us or calling (206) 734-4111.

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  • How do I find the cases handled by a specific attorney or their firm?

    I'm about to spend quite a bit of money on an unlimited civil lawsuit, and I would prefer to hire an attorney with a winning track record. Unfortunately, cases for review in Superior Court are not categorized by lawyer, but by case number or Plai...

    Shannon’s Answer

    You should also use Google to see if you can obtain information about an attorney's track record. Your local law library may also have books with information about prior verdicts and settlements, listed by both attorney and practice area - in California, O'Brien's evaluator contains this information.

    Keep in mind, however, that past success does not necessarily mean that a particular lawyer will be well-suited for your case or compatible with your personality. Also, an attorney might have a very impressive track record, but might not have reported this information online. For this reason, once you have obtained a list of attorneys that you feel would be right for the job, make sure you meet with each of them to see if you can get a better feel for whether he/she is the right fit.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • HIT BY NON-OWNER v. 2.0

    So can I sue the uncle (owner)? What would constitute him letting his nephew borrow the truck as negligent? The kid has no previous driving record except for the fact that he was busted a week prior for no insurance and no registration. Could the ...

    Shannon’s Answer

    As the owner of the vehicle in question, the uncle is also responsible for the damages stemming from your accident even though he was not the driver. The uncle should have car insurance, and a claim should be made with his carrier. It is also possible that the uncle may be liable for negligent entrustment, but this is usually the case where the person being allowed to drive the car has a history of accidents, or some other problem that suggests that the nephew is an unfit/unsafe driver.

    If you have uninsured motorist coverage or underinsured motorist coverage, you should also consider filing a claim with your insurance company.

    Most accident attorneys do not charge a fee for consultation and you should be able to find one in your area using Avvo.com or your local bar association:

    Mendocino County Bar Association
    308 South School Street
    Ukiah, CA 95482
    (707) 468-8017

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • On Dec 3rd 2010 i suffered a small heart attack in which during this time my landlord was advised. I gave her a two week notice

    to vacate verbally during the time i was in the hospital. She stated in my rental agreement a two week notice would be sufficient. I got released from the hospital on the 6th of Dec. 2010 and it was raining daily for two weeks or longer but duri...

    Shannon’s Answer

    Landlords have very strict guidelines when it comes to the disposal of a tenant's personal property items. Here is a link to an article concerning these guidelines by the California Department of Consumer Affairs:

    http://www.dca.ca.gov/publications/legal_guides/lt-5.shtml

    From what you've stated, it does not appear that the landlord followed these guidelines and that she may have unlawfully taken or converted your property. This would entitle you to money damages.

    I would suggest trying to create a list of items contained in your trailer along with any receipts or other proof you might have (photographs, perhaps) that was not disposed of. Then consult an attorney who handles landlord/tenant disputes about your specific case.

    Good luck.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

    See question 
  • Being sued in small-claims by uninsured motorist that ran a red light and hit me

    Damage was minor to both cars (sideswiped) so police were not called. No other witnesses so it at best is is a "he-said/she-said" (no fault). I had full insurance coverage (including uninsured) and my insurance company paid for repairs including...

    Shannon’s Answer

    I agree with the above responses.

    Although an attorney cannot represent you during a small claims court hearing, they can absolutely prepare you for the process and attend the hearing to monitor it. The attorney can also assist you during the mediation process that is likely to occur just before the hearing. Of course, your coverage is subject to any exclusion that your insurance policy may contain regarding small claims court.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

    See question