The company now did a dissolution and my judgement was not even listed. Can the owner if the building be held accountable, they where his tenants, and he knew there was a problem with ice in front of their business because another tenant complain...
Your attorney that handled the case likely has the most information available to answer your question. If I were you, I would check with the lawyer and ask about how much digging he or she did regarding the corporate assets, owners, and the validity of their corporate form prior to dissolution. Good luck.See question
My spouse and I are in the process of going our separate ways. For my financial security and peace of mind we've discussed and agreed on a plan to assume equal responsibility for outstanding debt. Payment details have been specified in a written d...
I agree with my colleagues, but will add the following: assuming the contract is valid and enforceable, you must not forget it does not let you off the hook with the actual creditor. If you have been extended credit in your names jointly, and the debt is defaulted upon, the creditor will pursue you both. Your agreement with your soon-to-be ex spouse means nothing to them. Sure, if the agreement is valid, you may be able to pursue the other spouse for their fair share (or agreed upon share) but by the time that happens your credit may be dragged through the mud and you may even be out attorney fees and court costs. Be careful what you sign and think hard about how to manage the debt scenario. Better yet, speak to a local attorney who can hear about all your debts and help you through it all.
Good luck.See question
Hello! I got married in Los Angeles County, CA. For the past four years I have been living in NYC. My wife lives in California. We have been separated and now I'd like to make the divorce official. Where should I file the divorce, CA or NY? ...
I agree that you can file wherever the court has jurisdiction. I'm not sure of the law in California, but to get divorced in New York, you would have to get jurisdiction over your spouse. If she is in California, it might be difficult to do so unless she agrees to have the divorce heard here. Under New York law, the court has a residency requirement to get jurisdiction over the divorce. The rule here generally is you file for divorce here if:
1. The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or
2. The parties have resided in this state as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or
3. The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action, or
4. The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action, or
5. Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action.
If you qualify under any of those residency requirements, you may be able to get divorced here in NY.
If you have issues of splitting assets, alimony (maintenance), child custody and/or child support, it may benefit you to choose one jurisdiction over the other.
If I were you, I would consult with a lawyer who is barred in both states to help you decide.
Good luck.See question
Action filed in supreme court in sept 2014. Defense answer, then Jan 2015 they file motion to dismiss under CPLR 3211(a)(5). Plaintiff receive no copy of motion to dismiss, defense told court that motion to dismiss was mailed to wrong address. Cou...
I agree with my colleagues. Find a local attorney who can help. If your plaintiff truly is and infant or incompetent, you will likely need a guardian or other representative to proceed with the case. A local attorney can evaluate all of the facts and help you move forward with the matter. Good luck.See question
A lender filed a lawsuit against me over 6 years ago. Now a new party is asking to substitute itself as the proper Plaintiff, saying they have been the proper Plaintiff from the beginning. They have the evidence and both the old and new party conc...
I agree with my colleagues. The court would most likely have to consider whether or not the defendant, you, had notice of the claims against you by the proper party so that the claims relate back to the initial filing of the claim. Be sure you oppose the substitution. Sounds like your strongest argument would be the fact that you had no notice of the correct party and would be significantly prejudiced by the substitution. That argument follows exactly what you said above: the case would have been dismissed had the first plaintiff disclosed to you their mistake, and the new party would be barred from suing by the 6 year statute. I am certain the case has more idiosyncrasies that have not been discussed in the brief question above. You can argue about those as well given your full knowledge of the case. I wish you the best in defending the matter.See question
I got pulled over for e pored registration. The cop had a prior incident with me about a month before. He asked me to step out of the car (after asking what was in all of my plastic bags in the back seat, which had toys on it). He then asked to s...
You want to know if the search described above was violative of the 4th Amendment right (via 13th Amendment) right to be free from unreasonable searches and seizures. The officer had probable cause to stop you (expired registration), so the initial seizure seems ok. What happened after that? What kind of "toys" were in the plastic bags. An officer may search the interior of a car during a traffic stop for several reasons. Say, for example, there was a water gun in the plastic bag, or a cordless drill or other pistol shaped object. If the officer could articulate that he believed the object was a weapon he or she would have the right to search the bag without your permission (that's called the "automobile exception," and the "plain view" exception. Once inside looking in the bag, even if there was no weapon inside, the officer may smell something that, through training and experience, he or she knows to be the smell of marijuana. The officer can then search other places within the car seeking the source of the smell. If the smell is of something that can be hidden in a small compartment, the officer may look inside just about any compartment in the car without violating any of your rights. This is sometimes referred to as the "plain smell" exception. There are many other reasons an officer may search your car without violating your rights. Even so, you should get yourself a criminal attorney to defend you. His or her expertise will be required to argue the search or seizure was unlawful.
Good luck.See question
In wheelchair in a asstied living home was in nursing home under3 drs care. .Cronic heart problems .Was deined SSI need advice on appeal. Pro Bono is needed.
My colleagues are correct. Representation before Social Security is generally contingent. In other words, the attorney gets paid only if you are awarded arrears benefits. The standard fee agreement is 25% of the arrears with a cap of $6000.00 which is set by federal law. Follow the advice of my colleagues and contact a local social security attorney - you have a short time to appeal, so do it right away!
Good luck.See question
My 3 1/2 years old grandson was diagnosed with Autism in Sep. 2012. Parents has to pay for ABA therapy and specific diet due to multiple allergies. Living expenses are approx. $ 2,000.00/Mo. Mother is not earning any money right now, is pregnant...
Unfortunately, my colleague is correct. While your grandchild may qualify for Social Security Disability (SSDI) using his parents' work quarters if he meets certain criteria once he reaches the age of maturity, he will not qualify now. Supplemental Security Income (SSI), on the other hand, is based upon economic need, and takes into account the assets and income of the family. I would suggest you contact the state regarding benefits that may be available to your grandson at that level of government. One such agency that may be a good resource is the New York State Office for People with Developmental Disabilities. Their website is http://www.opwdd.ny.gov/.
Good luck with your difficult situation.See question
I need to apply for Medicare and they need to see my birth certificate. I came to the USA from the suburbs of China when I was 10 and have since lost my birth certificate. How do I go about obtaining proof strong enough to show Social Security?
I agree with my colleague above. If you speak with Social Security, you might be able to find out what documentation they relied upon to obtain the two different dates of birth, then address the problem with the several solutions suggested by my colleague.
Good luck!See question
I have an agency agreement in place to sell my product in a particular territory. It includes statements like: "The Company desires to engage the Agent as the Company’s exclusive Agent to license software in the Territory" and la...
It is really not possible to give a definitive answer to your question without reviewing the entire contract because the statements must be read in context. Generally, exclusive agency means the Company may not engage another agent to do what the exclusive agent does in the market in which the agent has exclusivity. Whether or not you may engage your own agents (read: employees) to sell the product in your exclusive territory is usually addressed elsewhere in the contract. Whether or not you may sell direct seems to depend upon the limits of your license and your territory.
I realize this answer is very general, but without reading the entire agreement, it's the best information I can provide.See question