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David Garner’s Answers

730 total


  • Help with financial advisor

    If I hired a financial advisor and what he told me was not true. He said he could help me but from what I found out he is only hurting me. On 6/09/2009 I agreed to this over the phone. But on 6/10/2009 I found out what he said was a lie. I cal...

    David’s Answer

    • Selected as best answer

    It would be helpful to have more facts here, but based on what you wrote I think they are trying to coerce you into letting them keep $800. If you demand a refund and they tender it, there is nothing for the collections agency to collect and thus nothing to go on your credit report.

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  • I found metal in shrimp that I bought. What steps can i take?

    My boyfriend and my daughter, who is 4, were eating popcorn shrimp I had bought from Save-a-lot. It was distributed by Alliance Foods. My boyfrind bit into a piece of metal and it hurt his tooth and a piece chipped off. My daughter could have been...

    David’s Answer

    I would talk with an attorney. You boyfriend will have a cause of action for personal injury for the injury to his tooth. You will not be able to recover for what could have happened to your daughter or your distress over the situation.

    Be sure and save the metal and the package.

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  • Can I pass through a construction zone to get to my house if my driveway is 15 feet passed the barricade?

    The construction of the road is on my property. The road closed barricade if 15 feet in front of my driveway. Can I make them allow for me to get to my driveway instead of driving an extra 10 miles for 15 feet?

    David’s Answer

    This is a difficult question. I suppose you could make a big issue out of it, but by the time you got done the road word would have been long completed and you would have wasted a lot of money.

    It has been my experience that road barriers are generally for through traffic and that those living nearby are granted access. I suppose that depends on what is going on.

    My suggestion would be to either talk with those doing the work to see if they can adjust the barrier to give you access, or park near it and walk the last 15 feet.

    It would be helpful to have more facts and I am probably picturing something completely different than what you face, but this is not the sort of situation where you need a lawyer.

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  • Is it legal for an employer to place an employee on an intensive support plan and demote her before the support plan is over?

    I found out today that my position as a Principal is being take away for performance issues. As a new Principal, I was placed on an action plan to address some issues ie. report cards not checked properly, schedule conflicts etc. As you can see,...

    David’s Answer

    Absent a contract all employment is employment at will. You can be terminated at any time and for any reason (excluding prohibited discrimination) or no reason.

    I'm not licensed to practice in Virginia so I offer advice based on general principles of law. If you employer is dissatisfied with your performance, they are within their rights to place you on a performance improvement plan or reassign you.

    You did not say if this was a public or private school. Frankly more facts are necessary to fully flesh out an answer, but, depending on those facts, there might be additional protections for you as part of your school district's or insititution's personnel policies.

    You might consider speaking with a local attorney familliar with labor issues.

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  • Can I bring a personal injury suit against a charter school?

    My friend's son severely cut his finger in a bathroom at a charter school that he attends. He needed 2 surguries to attach ligaments that were sliced. I read some of the answers to similar questions on here that schools are usually immune to per...

    David’s Answer

    I don't fully understand this question I guess. If it's your friend's son, either his parents (if a minor) or he would have to bring the suit. You would lack standing as a friend to do so.

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  • How can I get my money back from an old roommate?

    I had a roomate for about 8 months and he has taken $2200 from me and he is not wanting to give it back. I have a clue to where he is living now. But I want to get my money. And what do I need to do to get the money and do I need a lawyer to put t...

    David’s Answer

    If he refuses to pay and you feel strongly enough, then your only recourse is likely small claims court. While this my resolve your issue, it will not stop this from happening in the future. That you have no control of (beyond yourself).

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  • Is it a crime to kiss and hug a minor?

    is it wrond and considered a sex crime to kiss or hug a minor

    David’s Answer

    It is impossible to answer based on what you have written. It is not per se illegal to kiss and hug a minor (I hope parents do it as much as possible) but if this is someone who is attempting sexual or inppropriate contact with this child, then yes, they can get into trouble, fast.

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  • Should she plead guilt or what should she do?

    My sister facilitated transportation to a person that has been convicted for selling drugs and now she is being summoned to court. Her public defender advised her that she should plead guilty and take the 120days in jail and not opt for a jury, b...

    David’s Answer

    I agree with counselor Dane. I would never plead guilty to something I felt I was not guilty of. A criminal record will follow you for the rest of your life. If the PD is suggesting a course your sister disagrees with, perhaps it is time to discuss the situation with her own attorney. It would be money well spent if it helps avoid a conviction.

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  • Can a layperson, WITHOUT a professional license, collect money from the public to advise and perform legal work for them?

    Is this still so even if this individulal knows some of people to whom he is providing this service? I am concerned that there is a scam going on.

    David’s Answer

    You didn't offer a lot of facts here, but based on what you did write, the answer is no. That would fall under the heading of practicing law without a license. It's illegal even if you know the people you are working for.

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  • Is it to late to get a settlement from an insurance company?? (car accident)

    I wrecked a friends vehicle last june and injured my back... her Insurance was paying my doctor visits and now their not.. I am still under a doctors care, and i have no medical insurance.. what should i do??

    David’s Answer

    We need a few more facts to analyze this. I am unclear if you caused the wreck why your friends insurance is paying for your care unless you were covered under her medical payments coverage. Has that been exhausted?

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