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David Garner’s Answers

730 total


  • My tree has a limb that is over shadowing my neighbor’s roses and growing close to one of the limbs on my neighbor’s tree.

    My tree has a limb that is over shadowing my neighbor’s roses and growing close to one of the limbs on my neighbor’s tree. They want me to remove the branch and pay for it. I told them that if they have a problem with the branch they could have it...

    David’s Answer

    The have to pay for it. So long as it is not a foreseeable risk (its old and threatening to fall) then you should have no liability. They may trim it back to the property line at their expense.

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  • Can I sue a cheer coach for giving extremely low scores to my child to get her off the squad because she did not like me?

    I know what everyone is thinking (rolling eyes) oh great, cheerleading! Let me tell you, there is a reason why they make movies about bad cheerleaders. We have a cheer coach at our high school who has run amok and is nothing but a child herself. ...

    David’s Answer

    It comes down to a prrof problem. How do you prove the coach gave your daugher low scores because she did not like you? She isn't going to admit it.

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  • I just got pulled over and I have a suspended licence for getting a second dui. i also had no registration no insurence. help

    what will happen when i go to court?

    David’s Answer

    ....and stop doing this. Two DUIs, suspended license, no registration and no insurance....what are you trying to accomplish? An attorney can help protect your rights, but they can't save you if you refuse to obey the law. The money an attorney is going to cost you in this would have paid for the registration and the insurance.

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  • Can I sue a cheer coach for giving extremely low scores to my child to get her off the squad because she did not like me?

    I know what everyone is thinking (rolling eyes) oh great, cheerleading! Let me tell you, there is a reason why they make movies about bad cheerleaders. We have a cheer coach at our high school who has run amok and is nothing but a child herself. ...

    David’s Answer

    I suppose you could, but my god, why would you want to do it? I doubt you will find an attorney to devote his time to such a ridiculous spat on a contingent fee basis, so given that, how much out of pocket resources would you be willing to devote to it?

    I would press this with the school board and get help from other parents. I find it difficult to believe that the coach encourages drinking and sex on the squad, but hey - I'm not a cheerleader.

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  • Are these legal gifts that medicaid wouldnt be able to penalize for?

    My mom is selling her home. She wish's to take the profits and give gifts to each of the children/grandchildren. The amounts would be under the 13,000 mark per person which i understand are then tax free gifts and you do not have to file a gift re...

    David’s Answer

    If mom disposes of her asset and then needs Medicaid assistance in the next five years you are all going to be one unhappy bunch of people. Medicaid will either void the transfer as fraudulent, or deny her care based on a formula of asset value divided by average private pay rate = months of care denied.

    It might be better to look at something like a special needs trust.

    Talk with a local elder care estate planning attorney to see what is best based on your circumstances.

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  • What is the legal age to leave children unattended in a car?

    What is the legal age you can leave your children in the car in the state of Florida?

    David’s Answer

    If it's based on mine, I would say at least 30. Outside of that, and not being licensed in Florida, I am not sure there is a specific law that declares a certain age at which they can be left alone. Unless they are fairly grown up, it would be a bad idea under almost any circumstances. What do you have in mind?

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  • I was contacted by a debt collector about paying a 15 year old debt and the amount is almost twice as much can they collect?

    old fitness debt

    David’s Answer

    Doubtful. More facts would be helpful, but absent those, after fifteen years the statute of limitations would almost certainly have run.

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  • I have been told by my boss some time a go that he would cut my hours to 1 day a week if I didn't sell gift cards,there's more

    is this legal and there is a lot more questions to this

    David’s Answer

    Its probably legal. More facts would be helpful, but absent a contract and employer is free to engage your services to the extent they desire. If you can't (or won't) sell something they want sold, they are free to arrange their workforce in a manner they feel suits their objectives (prohibited discrimination excluded).

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  • How do I go about allowing my ex husband to get his belongings?

    I am pending a divorce, and my husband's clothes are in my house, how can I go about getting him to retrieve his things?

    David’s Answer

    Let him come over and get them.

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  • Am I going to loose?

    Got a questions... Before I bought my house in Januaury of this year I leased a home from a local property management company. The house was built in the early 80's and had orginal wall paper from that era throughout the house. Before I signed t...

    David’s Answer

    Not necessarily. Did you make the wiring modifications to support the hot tub? If you did and they did not object to that, it is evidence that you intended to make some modifications to the house. That supports your claim of an agreement to do so.

    Plead you case as best you can.

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