Lawyers.com Community

Health Insurance question in PA

tategjs — Fri, 20 Nov 2009 23:04:51 GMT

My wife and I are currently employed by the same school district in PA. Our district offers a cash incentive to those employees who do no take health insurance. Is it possible for us to take double health care if we choose to?? Are we automaticaly entitled to the cash incentive that the other employees recieve?? There are no rules or regulations established for the other employees in the district regarding their eligibility for the health care offered to them. Their is no written policy even regarding the insurance coverage for those married and working with in the district. Your help is greatly appreciated.

inguinal hernia!!!!! need help in mississippi!!!!

chris3710 — Thu, 19 Nov 2009 19:51:13 GMT

i was employed on a job in 2007. while there i experienced a pain in my groin area. i went to my supervisor who sent me to the on site nurse and i explained to her about my pain and she gave me aspirin at the time and sent me back to work. eventuallly i went to the hospital where they did an ultrasound and said i had a strain and fluid buildup. gave me meds for inflammation and sent me back to work. i was laid off(seasonal) and found employment a year later and while on the new job i experienced a the pain again but more severe this time and went to e.r. and there i was diagnosed with the herina. what do i do?

Father seeking Custody

Lovemygurls — Wed, 18 Nov 2009 23:36:06 GMT

I am seeking information for my husband and my step-daughter.

My husband and his ex had a beautiful little girl six years ago, my husband has been the custodial parent since she was an infant. The mother of my step-daughter has just recently for the past two years been involved with her daughter seeing her one weekend a month, holidays and birthdays would be shared, untill this summer.

This summer was agreed between my husband and his ex that their daughter would go for the summer and return for school with dad, this is not the case now. The ex has decided to enroll my step daughter into school in the same state, but different city.

The mother has cut off all communication between my husband and his daughter my husband has tried to contact her through phone, and social networking sites, she will not respond it has been several months of this. It is coming closer and closer to the holidays and my husband misses his daughter dearly, it is so hard to have to see him go through this and I have to be the strong one when all I want to do is break down and cry. I have two beautiful angels myself and they miss thier sister so much too. My husband will be filing for custody very soon, he has an appt with an attorney in about 3 weeks.

I have been studying the AZ child custody laws and it states that untill paternity is established the father does not have any rights to his child, even if the father has signed the birth certificate?

The mother thinks that what she is doing is right because she is the mother and she will have no repercussions, is this correct?

Will her actions giver her less of a chance of winning custodyy?

I would appreciate any feed back any one has

Foreclosure help

JBUM123 — Fri, 20 Nov 2009 21:38:17 GMT

I am looking into buying a property that is in the first stages of foreclosure.

I have contacted the Lein holder (Heartwood 88) and they are willing for me to assume the liability of the leins by purchasing them plus their fees.

I was told that they would be dropped as the foreclosing party and I would take over.

What all is involved in foreclosing on a home?

I want to keep the home that I buy the leins on.

There is currently a mortgage on the property.

I attempted to buy the property from the Executor (the house is in a trust)

The mortgage plus the leins is more than the house is worth.

His lawyer said that if the house goes into foreclosure, the mortgage that is left over will go away by bamkrupting the Estate/Trust. Will this negatively effect any of the family members that were supposed to receive money from the sale of the house? (other than not getting any money)

I know the family and I love the house so I am trying to get the house for my use and keep it from going to someone else.

There are two types of leins on the property.

Heartwood 88 owns back prperty tax leins which I can buy and there are 2 IRS leans on it.

How would I handle the IRS leins?

Any help on any of this would be appriciated!

Thanks!

Jeff

We need help!!!

danielle.evans87 — Thu, 19 Nov 2009 18:18:41 GMT

I am pretty desperate for answers. My significant other has a very frustrating situation and we do not know what to do. Other than get a lawyer that we can not afford. He has three kids with his ex-wife. His middle and only little girl that was recently hit and killed on the way to her bus stop with her older brother three weeks ago (10/28/09). I am not sure what all anyone knows, but the "accident" was a result of the selfish and careless "Mother's" neglectful behavior. She has sole parental responsibility that Dad regretfully signed over to avoid further conflict. She is pretty much the one that calls the shots and seems to be the way it always has been. I am sure that has much to do with her abusive and manipulating personality.

The youngest of the three has not wanted to go back to her since the passing of his sister and until last night this was not a problem with Mom. Last night (11/17/09) she wanted to let the boys hang out for a little while, or so was her excuse. I guarantee there was really an underhanded reason. We met her; she wasted no time trying to manipulate one son into staying the night with her and after several failed attempts she finally succeeded. Again Dad did not want any conflict so did not object but reminded her that the son wanted to come back home the very next day and her response was, “we’ll see” in a very hateful tone. I sat waiting in the truck after I said my not so “good” byes to the kids, because I am very worried for their safety I do not like even the idea of them being with her. Mom began talking down to Dad, but I am not clear on everything she was saying. Dad decided he had enough of her and wanted to kiss the kids goodbye, Mom kept saying that he already said good bye and that was harassment so he should leave or she would call the cops, he said, “Go ahead, I’m saying goodbye to my kids.” Ridiculous I know, but this is how she is. As he was walking away he said, “Keep them safe,” she took high offence to this, came running after him and got her arm around his neck and started punching him in the face.

(Her brother got her off of Dad, who did nothing to Mom, just to make that clear)

I got out of the truck and walked over to them because I wasn’t about to just sit there while she did that. Mom had her brother and sister-in-law with her (for “muscle” I’m sure, to make sure Dad gave the son to her willingly) so when I walked up ready to call the cops with my phone in my hand, Mom's brother started making comments at me and sister-in-law took my phone out of my hand and tried to come at me, she did nothing more than pull my hair, I swung a fist at her but I do not know if I made any contact. Mom's brother separated us and made some comment about how sister-inlaw would kill me, as if I was worried. Realizing the kids were in the car probably watching everything, I decided to go finish making my call to the cops. A few sheriffs came to the scene, after Mom and the rest left, with the kids, and we explained everything to them. A witness corroborated what had just happened with what we told the sheriff. The sheriff we spoke to said that they were pressing charges for domestic violence and that they would go pick her up, but this morning (11/18/09) they said they were just going to summons her to court. I did not press charges for the assault because I am more concerned with what is going on with the kids and I didn’t get hurt, just extremely angry.

This does not happen to be the first “flip out” and it is also not the only time she has been negligent. I was not apart of Dad's life when he was married to her and I do not follow her around so I don’t know everything that she has ever done to put the kids in harms way, but I know that she started allowing the kids to go home from school and stay by their selves last year at ages 8 and 5. I voiced my opinion about the matter but that’s really all that I could do. Dad has been so worried about her taking the kids away completely, even though the law isn’t suppose to play sides just because of sex they still often play in favor of the mother on most occasions. I know that when we have the kids we will not even so much as let them play in the back yard by themselves, and it is fenced in, much less let them walk to their bus stop by their selves and definitely not let them come home and stay by their selves.

So how is it that this woman was so negligent that a child died and another one got seriously injured, is able to continue to have control over them, supervise them, or even be able to see them? How is it she is able to get away with the things that she does? How is she still walking around freely when she is clearly a danger to herself and others?

If people would look beneath the surface of her superficiality they could see who she really is, I figured her out at a snap, she is no good for anyone especially children!

So what are we suppose to do, just sit by and wait on something else to happen?

Problems with paying my settlement

TexasBrandi — Fri, 20 Nov 2009 22:55:08 GMT

Help! I'm afraid I am going to be screwed by paying a settlement payment! I am in Texas. I recieved a letter from a credit agency who works for the original creditor (not a purchased account). The letter stated that I could settle the account for X amount & that I could make 3 payments of X amount. The letter states "Upon receipt and clearance of all three payments of X, this account will be considered satisfied and closed, and a settlement letter will be issued." It also states that the payments cannot be more than 30 days apart.

I made the 1st and 2nd payment via check by phone. The 2nd payment was exactly 30 days after so I was safe. When I called to make the 3rd payment (on time), they said they couldn't take it because the original creditor had taken the account back. Can they do that when I'm in the middle of an agreed settlement with a collector? At first the original creditor was telling me that it was because I didn't make my payment within 30 days. My 2nd one didn't clear to them until like 6 days later. So after proving that I DID make them in time, they still wouldn't return the account to the debt collection (the debt collection even sent a request to see if they could get it back so I could make my payment & be done).

After speaking with the original creditor several times, they had me fax over the letter and said that if it was as I was saying, that they would accept my last payment & I would recieve my letter of settlement. I was willing to make a payment over the phone right then and there. They said that they could not take a payment over the phone though because it was a Texas law. When I asked what exactly that law stated they said that they didn't have to discuss it with me. I told them if they were going to use a law for an excuse, then they should be able to quote me all of the law. I was transferred to a Sr. rep who told me that it was actually just THEIR policy but I was never told why.

I just feel like something is fishy. Why wouldn't they want my payment right then? I don't feel comfortable paying two payments to the collection agency and one to the original creditor -especially since the date is going to be late now because they wouldn't accept my payment when I tried to make it. They refuse to give me a letter in advance saying that I will get the letter even after the account was taken back and my payment was late because of them doing that. (they said my original letter was enough).

After hearing several things from this company that weren't correct, I am afraid to send money! Are there some laws that I am not aware of that they could be using to their benefit to get my money without me getting my letter? Should I just take their word for it and send the payment?

The collection company is Northland group and the original creditor is Arrow financial/Household Bank.

Foreclosure advertisments after house sold 2 months ago

italnstallion99 — Fri, 20 Nov 2009 22:51:33 GMT

I sold my house as a short sale in the middle of september. For some reason this past week I have received several legal advertisement stating that foreclosure has been filed against me. This does not make sense. I was about 6 months behind on my loans before the short sale closed. I never received any information from the banks that the foreclosure process would be starting nor was I served any papers.

Maybe the bank recoreded it incorrect and put it down as a foreclosure? I am not sure what is going on. The real estate attorney who handled the closing for me doesn't know what happened so he is useless. Do I need to contact the bank myslef and find out? What scared me is that I am going to have a foreclosure on my record now and this is public information that anyone can find out from a civil court. For example if I go to rent an apartment most realtors perfrom background checks and when they see a previous foreclosure filing you're most likely out of the running. I am thinking they made a mistake and I would need to have it taken out of the system if that is the case.

Maybe I should run my credit report as well to see what is on there?

I would appreciate any advice on the best way to proceed from here

Lawsuit on a dissolved business unit

NovaXTNT — Wed, 18 Nov 2009 15:37:04 GMT

Hello,

We, retail shareholders are facing a specific situation with a business unit (here by referred to as X) that went through a plan of dissolution and liquidation of its assets comprising non-IP assets and very valuable IP assets. There was certain amount of cash-on-hand-left at the end and was recently distributed.

X company were able to sell all its assets to a single buyer though with a clever 'closed bidding' process hiring a mediator company. However, X company did not release any news on the sale, who the buyer is and what were the transaction terms.

We believe IP assets are worth 10's and 100's of millions of $$$ however X legal counsel denies it and would not release news either and has been over a month now.

We, retail shareholders, suspect that X company's management probably formed another company (referred to as Y) outfit and bid for X company's assets and steal valuable IP assets from retail shareholders and taking all their shares to this suspected Y company.

Now, my question is what is the best approach to confront this in court of law if that suspected scenario becomes true ? In that case, can we include 1) Dissolved company X, 2) New company outfit Y, 3) Mediator company (referred to as Z) facilitated the sale, 4) Partner companies(a, b, c) in company Y in the litigation?

Since it would only be an allegation without evidences to start with, could this stand in court of law and so request court to appoint independant arbitration/investigation to wet all the deals and scrutinize them?

All am looking for is the best practice/approach to form solid base for a law suit to bring justice incase of any fradulent activity suspected with companies X, Y, Z and a,b,c.

Advanced Thanks

Nova

civil case

mcsolut — Fri, 20 Nov 2009 15:47:41 GMT

I'm a contractor and had received papers from a customer stating that they are suing me for work that was performed on her home. The papers read customer vs. my name of my company name. I no longer have that business for over a year. I lost the case because I was late today. I arrived as the judge was finishing up. He spoke to me briefly and stated that the customer won because I was not there. I filed a motion to appeal right away.

As a friend of the customer at the time of doing the work, I wrote a contract that was signed for doing the work under the business. The work was completed and the customer still owed money. She did not want to pay for the services that arose during the work which she agreed to do so. A month later she states that there are some things that need to be touched up. I stated that until she pays for the prior work we would not address her concerns.

The company doesn't exist anymore, but I'm concerned about the wording. Since the case was lost the business is responsible, or me?

Creditors selling an old account & listing as new?

expawn — Fri, 20 Nov 2009 22:10:05 GMT

Hi, My wife recently checked her credit score, and found that it had dropped around 20 points. After some investigation we found that it was an old credit card that the debt had been sold and relisted. The original claim on the debt was filed 4/1/08 and was recently sold and relisted as new on 8/1/09. My question, is this legal? If not what can we do about it? This just seems very underhanded to me, because not only does it extend the statute of limitations, it also caused her credit to drop after having already dropped as a result of the original claim. I realize that paying it off is what needs to happen eventually, but we, as I am sure many other people, are just trying to manage the bills with what little money we have at the moment. Any help or steer in the right direction would be very much appreciated.

Non Disclosure of Salvage Vechicle title

Swustrau — Tue, 03 Nov 2009 21:36:47 GMT

I am a newbie so pls forgive me if I am not posting in the correct area.

I will ask the most important question before I get into great detail because unfortutely I was unable to do anything about it until now.

Is there a statue of Limitations for suing a small car lot for nondiscloser of Salvage Title on Vechile?

Thank you so much for any and all insight and advice.

NEED HELP GETTING MY DAUGHTER BACK

APRILE — Fri, 20 Nov 2009 17:30:07 GMT

I AM A 26 YR OLD MOTHER. ON JAN.01,2009 I TOOK 6 ULTRAM AND HAD TO BE RUSHED TO THE EMERGENCY ROOM. THE STATE OF NEW JERSEY TOOK MY DAUGHTER. I HAVE COMPLIED WITH EVERYTHING THEY HAVE ASKED ME TO DO. I HAVE MOVED BACK TO FLORIDA TO BE CLOSER TO MY FAMILY. I HAVE DONE MY DRUG AND ALCOHOL CLASSES. I HAVE SEEN A PSYCHIATRIST AND A PSYCHOLOGIST. I HAVE DONE MY RANDOM DRUG TESTING. MY PARENTS HAVE GONE TO CLASSES TO BECOME LICENSED FOSTER PARENTS. THE ONLY THING I HAVE NOT COMPLETED IS THE INPATIENT MENTAL HEALTH THING THEY WANT ME TO DO. I JUST GOT TOLD TO DO THIS IN JULY. I AM CURRENTLY ON THE 8 MONTH WAITING LIST. AND I HAVE TO COMPLETE THE 6-12 MONTH TERM IN THIS PLACE. I ALSO HAVE TO DO OUTSIDE COUNSELING AFTERWARD. I HAVE DONE ALL THIS AND NOW THEY TELL ME I HAVE TO SIGN MY RIGHTS OVER OR BE TAKEN TO COURT TO HAVE MY RIGHTS TERMINATED. ALL I WANT IS MY DAUGHTER BACK. PLEASE HELP ME.

filing in PA

jasminepjackson — Wed, 18 Nov 2009 20:25:53 GMT

I live in California but I need to file a small claims lawsuit in PA. After completing the paperwork, do i need to file the paperwork in person at the courthouse, or is there any other way (email, regular mail) that i can file the claim?

Confidential?

WilliamMCC — Thu, 19 Nov 2009 06:07:21 GMT

Hello, I just have a brief hypothetical situation I wanted to get some insight on. Here it is: A minor telephones an attorney and pays a fee for a consultation. The minor gives the attorney the facts of the case and begins working for the minor. An advosary party,(The minor's parent/legal guardian), calls the minor's attorney and recieves all information on which the minor told the attorney. Is is true that an attorney client relationship was established regardless of the minor's age, and that the minor has paid a fee.
So since there was an existing attorney-client relationship, wouldnt it also mean that anything the minor as said to the attorney is protected under the "Attorney-Client Priveledge", due to the existing relationship, also wouldn't it also be true that if the attorney did not want to assist the minor with legal consulations that the attorney must notify the minor and that the sum of monies would be refunded to the minor under contract law since most contracts made by minors without parental/guardian permission is revocable? Doesnt the attorney have to keep all communicationa from the minor confidential even after the contract was complete or revoked?

Got rear ended and wanting my car fixed

BiglilG — Fri, 20 Nov 2009 21:12:26 GMT

Late September I was involved in a four car accident, the last car was deemed at fault for causing it. I was 3rd car inline the car in front of me being the last. I'm not sure of the law in KY as far as how much insurance can payout to fix a car, I've heard different things, but the damages on my car is appx. 2000 dollars. The rear and front bumper covers needing to be repaired, the rear bumper/absorber needing replacement and frame damage on the rear.

The insurance comp is saying they'll only pay up to NADA value nothing more and have sent me a check for appx. 75% of the cars NADA value 1000k which isnt enough the cover the damages. My vehicle in question is in excellent condition and from what the adjuster told me they only care about the year of the car in terms of repairing the car and totaling it out. I really just want them to fix my vehicle since in all the damage isnt severe, I'm really wondering if its possible to get them to repair my car to pre-accident conditions, given I wasnt at fault nor played a role attributing to the accident.

Will I be able to get a fiancee visa?

Angelica68 — Fri, 20 Nov 2009 07:11:57 GMT

In 1992 I traveled to the US on a visitor's visa. I overstayed and acquired a work permit and ss card. The permit was provided by someone within the immigration system (a friend of mine had the connection) but I was not eligible for it (I discovered afterwards). I'm not sure how it was accomplished as I was only required to send my passport and what I thought was processing fee. I was 21 years old at the time. I got a job as an international flight attendant (I was so certain it was legit), but it the permit expired while I was on an international flight. I had actually gone to Federal Plaza in NY a week or so before to process a renewal and was under the impression it was pending. When I arrived the US, I was detained and advised the expired work permit was fraudulently issued and I was, subsequently deported. This was in 1993. At the time (deportation hearing), I was advised I could reapply for a visa after a year (!) had passed. Silly me! I did and was advised by the embassy personnel that I was, in fact, excluded for at least 10 years.

I returned home and resumed my life. I was hired as a manager in a large international hotel chain. The position required travel and so in 2004, I applied for a visa because there was a mandatory training session that was being held in the US. I was denied the visa and was forced to resign the job because I was not going to be in a position to meet travel obligations. I have had to leave a couple other jobs when it became clear travel to the US was required and have avoided applying for jobs that would require same.

So I gave up on the US and continued merrily on my way. Then I met an American citizen with whom I fell madly in love, because he is so good to me. He was aware that I had no intention of relocating, though I never got into the specifics because it has always been a source of embarrassment to me. He is 63 years old and retired recently. We had planned to live permanently in my country and he bought property for building a house here. We have been in the relationship since 2007 and he has made several trips here, each averaging 2 weeks. He is on his way back here now and will be staying with me for an undertermined period.

The problem is that, due to the current socio-economic problems of my country, we have started to believe he will not be safe living here: he is Caucasian and my country is predominantly black and third world with a serious crime problem. He is getting older and is concerned about the quality of heath care he will be able to receive here, etc. He wants us to live in the US and has even started preparations for relocating to Florida.

I have rambled on...My question is, considering my history, do you believe I will be able to get a fiancee visa? I am currently unemployed, trying to start my own business.

Thank you for any assistance you are able to provide.

some advice please

jamieJD — Fri, 20 Nov 2009 21:14:12 GMT

In September of 2003 my mother passed away I inherited her estate spanning 2 countries the US and the Netherlands. A will was drafted in the US putting everything in a trust. In the Netherlands the notary and the accountant said since the will was drafted in the US it held no legality in the Netherlands. Therefor I was 100% owner of the estates in the Netherlands, and under no circumstances would I have to abide by any stipulations in the will.

A few months later I am back in the New York and I received a letter from the firm demanding that I provide documentation that I am in school as dictated in the will if I want any funds to be released from the estate, that a few months prior I was supposedly 100% owner of.

My father had also gone against the contract we made with me stipulating in writing that as long as I was in school he would take care of my rent. Now his stance is I can pay my own rent (this seemed a little opportunistic). However naturally I was stunned by the harsh language in the letter from the Netherlands accountant and I sent him email after email after email asking how is this possible considering what was said and signed in the meeting. he would not respond to any of the emails. at the time was 20 and a little naive I assumed my father would be able to help me with acquiring legal representation, instead he says I need to be grateful with what I have, I need to stop trying to manipulate the situation, I need to just abide by my mother’s instructions and attend school.

I was surprised and also shocked by his unwillingness to hear me out and help me but I thought this is my father he knows better than i do and he is rite morraly and I need 2 make the best from this situation and just focus on school. considering my father is Dutch just like the accountant I suggested since my accountant refuses to communicate with me he could b my liaison to the accountant. worst decision of my life!!!

Before I know it I am completely out of the loop and left in the dark about what is going on with my affairs. My father succeeded in his bloodless coup d’etat and took over in effect when I only asked him to be a liaison. He was making decisions behind my back, I never received a spreadsheet in 6 years, my accountant has authorized funds released to my father to compensate him for school rent and other things that he would decide on his own to spend or invest money on without my prior knowledge or consent and the accountant would never bother to confirm with me. the whole time my father’s attitude is one of “oh well, screw you.”

Now it is 2009 this has gone on 6 years and the estate is in default because the accountant “ran out of money to pay the mortgages” now I am back in control after my father said "and oh by the way u might need to sell everything because there is no money left." I cursed out my father and demanded he never have anything more to do with the accountant in the Netherlands. I got backing from the trust here in the US and they acquired an attorney in the Netherlands. I need to sell everything before the bank forecloses, but after 4k worth of mortgage payments there isn’t much left.

I feel my father is 50% responsible and my accountant 50%. my father should know something is wrong when an accountant refuses to communicate with a client after such a drastic policy change. I feel he was trying 2 take advantage of the father son relationship and manipulate me and the situation from day one. And my accountant just totally dropped the ball if not cooperated with my father, no spreadsheets, paying out of principal, sending baseless letters and refusing explain them, releasing funds to my father’s account without my permission consent or knowledge in effect bleeding me dry over 6 years causing me considerable stress bringing me to the verge of losing my mind I’m just in a constant state of depression about this I can’t concentrate on anything school relationships jobs I’m a mess mentally and emotionally over this situation.

Long story short I want to sue my father here in the US what are my options??

3rd DUI in Vermont

Tomtrific — Thu, 19 Nov 2009 10:59:33 GMT

In 1992 I got back-to-back DUIs (both misdemeanors) in my home state of Oregon just after my wife announced the break up of our 18-year marriage--two very stupid and costly mistakes made at a very difficult time in my life. These were the only black marks on an otherwise good 35-year driving record--until I moved to Vermont about five years ago.

I had been in Vermont less than two months, and on my night off I went to a bar and had four drinks (two 16-ounce draft beers and two mixed drinks) in the 3 1/2 hours I was there playing a golf video game. I then left the bar to go to a restaurant to eat, and as I pulled out of the bar's parking lot and onto the road a cop passed me going the other direction. I saw him make a U-turn, and then he followed me to the restaurant less than a mile up the road, and pulled up beside me in the parking lot as I was getting out of my vehicle. He told me he had followed me because I had an out-of-state temporary license sticker on my rear window which he didn't recognize. I didn't violate any rules of the road, was not driving irratically, was wearing my seat belt--In short, I had done nothing wrong. He gave me the usual roadside tests after I told him I'd been drinking, and he felt he had suffficient cause to take me to the station for a breath test. I took the breath test 45 minutes after I'd finished my last drink, give or take two minutes. I blew .088% (state limit is .08%), he then charged me with a DUI I, and was kind enough to drive me home.

I work in a hospital lab. I not only perform blood alcohol analysis, it's also my responsibility to perform the quality control and the calibrations on all of the chemistry tests we run in our lab, including ethanol. I know a great deal about alcohol analysis and alcohol metabolism--possibly as much as anyone in the state of Vermont. I know all about the inherent inaccuracies of breath testers, and all of the infinite variations in human health status, physiological differences, and testing conditions that breath testers cannot possibly differentiate for--which makes their results nothing more than a guess. I also know fairly precisely how much alcohol I'm consuming, at the time I'm consuming it, I know how fast I'm absorbing it and eliminating it from my bloodstream, and I know without question that I was nowhere near the legal limit at the time I was driving, nor did I exceed it at the time I was tested.

I appeared in court without a lawyer. I honestly believed the judge would take one look at the evidence, see that no rules of the road were violated, see that I was barely over the limit 45 minutes or so after I'd been driving, and after my alcohol level had risen considerably since driving, and then would throw the whole thing out for lack of anything resembling evidence. However, when I got to court, the clerk told me I was being charged with a DUI III, which is a felony. One thing I did NOT know is that in Vermont, all DUI convictions are kept on your record permanently, and the third is a felony. I had spoken to the Oregon DMV long ago, and they had told me that DUIs are removed from your record after ten years. I've since learned that's not the case--they're not removed from your record, but can't be used in court against you after a certain period of time.

I got an attorney, and eventually I was offered a plea bargain--plead guilty to a DUI I or go to trial for a DUI III. So my options were to fight a felony charge in court with a jury who most likely wouldn't adequately understand alcohol metabolism and analysis, nor would likely be sympathetic to anyone charged with a DUI, and face losing my career and going to prison, or plead guilty to a crime I didn't commit. So I chose the lesser of two evils and pleaded guilty to the DUI I charge.

This has done a great deal of damage to my life, although I'm grateful to have an understanding employer--I didn't lose my job. But I still feel that I was put in a position I never should have been put in, and none of this should have happened if the justice system had acted responsibly and in compliance of its own laws. Does anyone know of any way I can rectify this bogus crime? The DA's so-called "expert" presented his retrograde extrapolation affidavit which showed my BAC to be .097%-.110% at the time of driving. Any toxocologist could take one look at that, laugh, and show that the "expert" completely eliminated the absorption phase of alcohol metabolism from his calculations, thereby falsely elevating, rather than lowering, the actual BAC. And yet they permit this type of "evidence" in the State of Vermont. Any help I could get in this matter would be most gratefully appreciated.

subcontractor - delays in paychecks

deacondog — Fri, 20 Nov 2009 18:56:23 GMT

I'm looking for advice with my present employment situation. I am presently completing my 7th week of employment. I am subcontracting with an individual (he is LLC/consultant). I am new to subcontracting (and believe that the contractor is too). Contract that I signed indicates my hourly rate, but no details on pay schedule (my mistake, in hindsight). I was paid for my initial week, and then paid in late October for my second 2 weeks. I mistakenly thought that second payment was the beginning of a regular bi-weekly schedule.

When I raised this issue, I was informed that this was a "pay-through" assignment - that my payment was contingent on consultants receipt of payment from the financial institution that I am deployed at. Consultant sent in email his planned schedule for my future payments. He submits bill to financial institution every 2 weeks and receives payment 12-14 days later. Translation is that I will be paid bi-weekly in arrears 3-4 weeks. Not thrilled about this, but I could live with it.

My problem is that schedule indicated payment was planned on 11/19 (yesterday). I'm still not paid as of today. He approached me on 11/18 and indicated that there was a "glitch" in financial institution cutting check (paperwork), but it was forthcoming. He inquired if I still needed check and if i could wait until he received it. I held my ground and said i still expected payment today.

I'm concerned and wonder if I should stop working additional hours until payment is resolved? Obviously, it's already awkward and even scheduled payment will leave me unpaid for full 2 weeks. Biggest concern is that I am driving this totally by contacting him and asking where's the $$. If he reached out to me and shared legitimate delays, I'm pretty flexible. Unfortunately, he has done little to instill confidence in regular payments in the future.

Thanks for any insight.

Selling real estate from a will

lady liz — Fri, 20 Nov 2009 18:30:38 GMT

My husband is his mothers executor.Her will states that her property (house and and extra lot)should be sold and the money divided between my husband and his brother.Having never done this before do we just call a realtor and have them place the home on the market?The brother has been trying to cause trouble and he is saying my husband can't sell the property unless he signs off on it?We have an appointment with a lawyer Monday to deal with the brother,but I was just curious about the property aspect.The will says nothing about brother signing off on the sale-it just states the property is to be sold and the money divided.Thanks.

Expired Visitor Status. About to Get Married

LizSmithwick — Sun, 15 Nov 2009 21:57:52 GMT

Hello All.

My name is Liz. I am a US citizen, born in the states. My boyfriend is from St. Vincent. He came here on a student Visa in 2002. When his student visa was about to expire, he got married. They were a bit careless and so none of his paperwork went through. At the time, he had his driver's license, work permit, was going to school. He has not been in school for the last three years because he was paying for her Bachelor's. He has receipts from his parents sending him money from his account in Bequia. His work permit has since expired, as well as his student visa and driver's license. They separated in July and he is signing the papers for divorce this week. We want to get married. I am afraid of the implications of us getting married and his status being expired. While I was looking up the requirements to get his status as permanent resident, I read something about a waiver, but could not figure out how to find the form for it. I want to be completely prepared before we go to meet a lawyer. Any information would be appreciated!!! Thanks!!!

Advice would be appreciated.

tgar — Thu, 19 Nov 2009 22:02:04 GMT

What is the time limit a misdemeanor can go for? I have a close friend that is going on 4 years in a contributing case. we have been told 42 months, but the internet says 1 year? this is in the state of Tennessee. Thank you in advance for your help.

Restraing order CA

Tamy — Wed, 18 Nov 2009 21:03:05 GMT

My boyfriend applied for a restraing order on me and got it. Is this going to go on my record or backgroud check for employment? How could this affect me getting a job?

Also the Judge said that he could keep my dog and cat can this be appealed?

Ciminal Law Illegal possession

canjef21 — Sun, 08 Nov 2009 19:48:57 GMT

yes hello, I was arrested on a military base in the state of virginia for a Driving While Intoxicated. When they searched my car the found multiple illegal substances. I went to court in the next couple of weeks and was told that all the charges were dropped. I had a couple hundred dollars on me, as well as two digital cameras and a cell phone that the police kept and never returned to me. My question is this: Is there a time period on when they can file new charges against me? Could they file new ones whenever they went, or is there a limit of time when they can or cant?

Landlord Possession?

RS — Fri, 20 Nov 2009 01:11:03 GMT

I have a month to month lease with my tenant. My tenant has mainly paid on time. I would like my tenant to vacate the home and they refuse.

All the Lee County Florida eviction forms (3 day and other) seem to only apply to non payment. My lease states clearly that it is month to month.

Am I able to evict and use the same court process even though the tenant rent is paid. I would like to give them 30 days and evict if they do not comply.

Thank you in advance.