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Benjamin Joseph Sansone
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Benjamin Sansone’s Answers

78 total


  • Am I still qualified to serve in my old state of residence since technically I lived there the past year, even though I've moved

    I moved to Springfield from Bloomington, IN just over a week ago, and am wondering if I'm still qualified to serve on a federal jury in Indiana because I'm unclear on the law's wording. I lived in Indiana from August 2013 to may 2016.

    Benjamin’s Answer

    You would still be qualified to serve but probably not forced to since your residency changed.

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  • Can I force sale on this person's home with a Sheriff to get my money? Does the mortgage company have to foreclose first?

    I was awarded a judgment in 2015 in the Circuit Court of St. Louis County for $20,000. The person I sued has a house with equity. I know they have a mortgage of $150,000 but the house is worth $300,000. They live in the same county as my judgment.

    Benjamin’s Answer

    Yes you can force a sale, the mortgage company being the first secured creditor will be paid first then whatever over and above that amount that is recovered will be used to pay your judgment. I would call the garnishments clerk or Sheriff in St Louis County and they should have the forms for you.

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  • Do I have a lawsuit??? I need an attorney to do this on a contingency bases.

    While I was staying at La Quinta, I slipped in their hot tub, and now I'm not able to lift my arm. I'm in pain. I went to the ER the next day, with a couple of prescriptions that hasn't helped . I just got home from another Dr's visit. I'm...

    Benjamin’s Answer

    Very well might be a case. Were there anti slip strips or anything on the floor of the tub for traction? If not these types of cases have been successfully pursued in Missouri. Contingency fee typically 33%.

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  • How do I, the financial institution notify the employer of the chapter 7 to stop the wage garnishment?

    Unsecured debt and debtor defaulted. Got Judgement April 13th. Started paperwork for wage garnishment-finally got it going end of April. Got notification of Chapter 7 on May 20th. Called the Debtor's BK lawyer & he is out of town. I wanted to k...

    Benjamin’s Answer

    You should be able to file a stay with the court for the garnishment. What county is your judgment in?

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  • Can they do all that when I have done nothing wrong? Just because I have someone a ride earlier in the day?

    Officer turned on his lights as I was getting out of my truck in my drive way. Threatened me with a 24 hour hold because I didn't realize that they were wanting me. Proceeded to ask about my mental health and medications. Because I was seen with s...

    Benjamin’s Answer

    Can they do it? Yes. Should they have done it, no. The remedy for inappropriate police interrogation or questioning is suppression of evidence if you are charged with a crime. If they charged you with a crime arising form all this you may be able to beat the charges for lack of probable cause to question you or search your car, house, or person. .

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  • I GOT IN A ACCIDENT LAST NIGHT AND THE POLICE DIDNT PUT ANYONE AT FAULT BUT THE OTHER CAR WAS. THE ARE NO WITNESSES

    WE WERE TURNING LEFT AND THE CRASH HAPPENED A LITTLE PAST THE MIDDLE INTERCESTION I WAS HIT ON THE RIGHT SIDE

    Benjamin’s Answer

    I know it is frustrating that the police did not get all the facts down. Sometimes they assign fault, but even when they do, theri opinion about who is at fault is not admissible at trial What is admissible is their observations of fact, i.e. car #1 had damage to the drivers side; driver 1 stated ...... driver 2 stated .....

    So the important part is, did the police officer get the reported facts right? If not you may want to file a supplemental report. however, I advise you get the original l report and review it with a good lawyer before deciding how to proceed.

    Remember, it is what the jury decides, not a cop, that is important.

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  • Can I sue for birth injury, scarring and deformation

    While giving birth to twins my daughters upper lip was scarred and a slight disfigurement is still visible to the eye. Breathing machines were placed in her nose and during the process scarred her upper lip. I was wondering if a lawsuit would appl...

    Benjamin’s Answer

    Yes. Med mal cases r very complicated and you need to get all med records together and have an experienced med mal lawyer review.

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  • Had a knee injury at work and had knee surgery last year after the surgery I lost movement where can't bend past 70 degrees

    Had knee surgery last year now have lost movement in my leg can't bend it straighten it chronic pain all day can only bend it 70 degrees now and can't straighten all the way

    Benjamin’s Answer

    it's a knee injury at work you probably have a workers compensation claim. Your limited range of motion will be reflected in a higher disability rating. If you're asking about medical malpractice, I will talk to your work comp lawyer. A lawyer that takes the malpractice case should handle the work comp case as well.

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  • Is my car declared totaled?

    I was told that in Nevada state law a car would be declared totaled if the roof was severely damaged. I don't know if its true and need to know what to expect. I hope not because I'm very attached to my car.

    Benjamin’s Answer

    Usually of the damage repair cost exceeds 70-80 percent of the vehicle's fair market value it is a total loss.

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  • Can you still sue a doctor that happened in October 2009 for a knee surgery that was done?

    My husband had knee surgery.It has not been right ever since.He just had a knee replacement in December of last year.2013.The area that was worked on from the doctor before it still is not right....

    Benjamin’s Answer

    knowing how complicated medical malpractice cases are, I would get all the medical records and take them to attorney for a full review. There maybe exceptions to toll the statute of limitations

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