BUSINESS FRAUD LEGAL ADVICE PREVIOUSLY POSTED ON LAWGURU.COM
Please do not contact me directly asking for free advice;
no one can afford to work for free. Click on the Pro Se Assistance button
if you need legal help.
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=956042085
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Category:
Consumer Law
Location:
TN
Subject: Is it Fraudulent
Im
in California, I purchased gemstones from Tennessee, on a tv shopping network..They advertised them as
top of the line stones, worth 1299.99, there were two, but when I took them for
appraisal. The gemologist said, they were garbage.The lowest quality, and worth nothing compared to purchase
price. On the tx they showed grade A, but I received grade z. On both. What
should I do??
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=263182608
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Category:
Consumer Law
Location:
TN
Subject: Re: Is it Fraudulent
I
hope you were smart enough to pay for gemstones with a credit card and not with
cash or money order. If you did the
former, then contact your credit card company immediately and contest the
payment. If you did the latter, then
you can file complaints with a dozen different fraud websites on the
Internet. If you want to sue the
company for fraud, you can do that.
However, you would likely have to represent yourself Pro se (without a
lawyer), because the cost of legal fees would outweigh the value of your fraud
losses recovered in the suit. For Pro
se assistance, go to http://michaelguth.com/prose.htm
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=226609754
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Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: child custody
I
am behind on child support just because i am behind can my wife take my
parental rights away from me ? What is the legal age that my kids can choose to
live with parent of there choice?
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=267384991
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Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: Re: child custody
No,
you will not lose your parental rights from falling behind on child support,
although you may have to file a document in court explaining why you fell
behind, e.g., unemployment. A child at
age 18 has reached legal adult status and can choose where she lives. Also, there is case law in Tennessee
suggesting a minor's opinion at age 14 should have a significant bearing on a
judge in deciding what is in the "best interests of the child." If you go to my website at
http://michaelguth.com/prose.htm you will find numerous examples of pleadings
drafted in the past concerning child custody and visitation.
Also,
you cannot constitutionally be put in jail if you are deadbroke and lack the
means to be put in jail. However,
Tennessee trial courts have been putting indigent child support debtors in jail
in unconstitutional debtor prisons.
Therefore, it is very important that you do not sit on your rights but
actively assert your rights and explain why you have not been able to make
child support payments.
===========Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=495595659===========Category: Business LawLocation: TNSubject: Can small business (incorpororated) sue non-paying client in small claims court? We are a small photo-finishing company with a non-paying client. He has not responded to multiple collection letters and phone calls. His account is over 160 days old. Can we as an incorporated business sue him in small claims court? If so can we do it in Tennessee if his business is located in SOuth Carlina? Or can we only turn him over to a collection agency? Can we report him to BBusiness Bureau and other organizations? Thanks for any help ===========Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=528084616===========Category: Business LawLocation: TNSubject: Re: Can small business (incorpororated) sue non-paying client in small claims court? Collection agencies are a complete waste of time. Yes, you can file suit against the firm or client in South Carolina under the TN Long Arm statute. Instead of trying to research how to write a complaint like that yourself, I recommend you go to http://michaelguth.com/prose.htm and pay $100 for a simple complaint to be drawn up for you. With a little luck, you can add your attorney fees to the amount to be reimbursed -- although that is generally not allowed in civil litigation unless the other party was aware of the transfer of attorney fees at the start of the business transaction. ===========Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=511913014===========Category: General Civil LitigationLocation: TNSubject: Hit and Run Case, General Sessions, Get an ATTY? Today I went to small claims court with an overwhelming amount of evidence against a man who hit me and drove off. He does not speak any English, likely an illegal immigrant, but a translator was present. The judge said he would not hear our case without this man having an attorney. I came to small claims to avoid outrageous legal fees. So now I feel I have to spend a load more money to get one so I don't get outwitted by a slick talker. Why wouldn't the judge let the translator handle this? Why is an attorney necessary? Also, do I stand a chance in court without an attorney with him having one? I have loads of photographic, eyewitness, and phone records/evidence, but I worry about not knowing the ins and outs a lawyer knows and getting beat. ===========Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=523140874===========Category: General Civil LitigationLocation: TNSubject: Re: Hit and Run Case, General Sessions, Get an ATTY? The standard lawyer response is that a pro se party is no match for a lawyer. However, I know cases where pro se parties (without a lawyer) have beaten the pants off the opposing counsel. I happen to be a strong proponent of pro se representation. You may need assistance filing a document that summarizes your evidence in court. The judge did the right thing to make sure a person who does not speak English understands how our legal system works. I suggest you look over the pleadings shown at http://michaelguth.com/prose.htm it may give you self-confidence that you can represent yourself and just present your evidence.
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=369704305
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Category:
Consumer Law
Location:
TN
Subject: car repairs
I
am serious about taking a shop mechanic to small claims court for not fixing my
vehicle. I paid $795.74 to have what
ever they identified as needing to be fixed.
I picked up my car and discover after about 4 blocks of driving that the
same problems existed. Upon struggling
home with my car, I notifies the car dealer mechanic about my problems. Now they are asking for $161 for original Honda
parts for my Honda Accord LX, 1993 to replace new off brand spark plugs and
wires that were put on my car this past Feb 04. I believed I have a case because my car is still not working due
to their misdiagnosis and now they are still guessing and the only excuse they
are providing me is to replace new sparks plugs and wires for Honda original
parts.
please
advise.
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=960112064
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Category:
Consumer Law
Location:
TN
Subject: Re: car repairs
At
present, it is your word against a mechanic's, and a judge will assume a
mechanic knows more about cars than you do.
Therefore, you need to generate evidence by having the mechanic specify
in writing that he wants to change your spark plugs and wires. Then you will need to have written proof
that you installed new ones in February.
Next, you will have to take the car to another mechanic and have the new
mechanic specify in writing (1) what is wrong with the car, and (2) whether a
reasonable person as a mechanic would have discovered that problem with the
last inspection. Winning a court case
involves which side can put on more persuasive evidence.
Mike
Guth
===========Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=186233239===========Category: Sexual Harassment LawLocation: TNSubject: How is sexual harassment proven? Recently, I was fired from my job of 2 months. I wasn't given any particular reason, with the exception that I was told that I ''was just not getting it''. I was offered no more of a reason. I was never trained & had asked repeatedly about being trained as I was promised. Never happened. First week of employment, my manager & I took a business trip to Miami, Florida for training. One night while we were there, he proceeded to take off all his clothing, got into bed with me & started feeling my chest. I was in shock & just lied there hoping he'd stop. He did not. I then told him it wasn't ever going to happen & to please stop. He kept on. I told him again & he did stop finally. I just have to wonder if this was a cop-out for me not giving in. I'm the third gay guy that has been employed there by this person. I have to wonder if this has happened to them as well. I'd surely imagine ''yes''. I'm now jobless after being coaxed out of my old job for this one that sounded too good to be true. Makes me wonder if I was wanted there as a sexual fixture. I refused to be involved like that with my boss. What should I do? Please help. ===========Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=576107110===========Category: Sexual Harassment LawLocation: TNSubject: Re: How is sexual harassment proven? Tennessee, like all the other states, is an "at will" employment state -- meaning employees are hired and fired at will, with or without cause. The only way to "get even" with a former employer is to find a new job that pays just as much or even better. This is the standard advice I give to people contemplating an employment lawsuit: vote with your feet and find new employment. However, based on the facts you describe, you clearly have a sexual harrassment claim. It is highly unusual for two businessmen to go on business travel and share the same room. Most hotels in Oak Ridge will not allow two adults to share the same room unless they are related (or claim to be related at registration). Therefore, the fact that you let another business associate / boss share your room, rather than insisting on separate rooms will raise a question about whether you were aware that sexual contact might occur. On your facts, you might be able to overcome that suspicion, but it will cost you thousands in legal fees -- unless you decide to bring suit pro se without a lawyer. You can anticipate your boss will testify under oath to a completely different set of facts: that you encouraged him to come to your bed, etc. Reinstatement in your old job would not be wise, because of the tension between you and your boss. Therefore, the only award possible is backpay, and the courts generally are reluctant to step into the mind of a business owner and determine you actually would have performed valuable services. My advice is to get a new job and provide yourself with financial stability -- even if it means accepting a job with lower pay. Once you have a new job and have time to reflect, you can decide if you want to sue your former employer for purposes of establishing a record that he engaged in sexual harrassment or whether you want to drop the matter. If you do pursue the matter, then please feel free to contact me directly. Mike Guth
===========Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=839558371===========Category: Sexual Harassment LawLocation: TNSubject: my first step??? Please inform me of what our first steps would be to file a sexual harrassment lawsuit against our employer. So for, there are 4 of us that want to file, all for the same reasons. Thank you so much. ===========Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=857078888===========Category: Sexual Harassment LawLocation: TNSubject: Re: my first step??? You will need to specify if you primarily want equitable relief in the form of injunctions or reinstatement or some other action of the court, or do you want monetary damages. If you want equitable relief, you will file a complaint in Chancery Court for the county where your mployer's business is located. If you want monetary damages, then you will file your complaint in Circuit Court. Mike Guth
===========Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=10979699===========Category: Labor and Employment LawLocation: TNSubject: I-9 and copies My company wants me to make copies of new hires identification and retain it. I thought making copies of such paperwork and ID was against the law - something like creating a forgory. Doesn't this open us up to potenial issues if someone uses this information to steal someones identity? ===========Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=108347644===========Category: Labor and Employment LawLocation: TNSubject: Re: I-9 and copies Your employer does not have to make copies of identification documents, but is doing so to prevent the INS from charging him with employing illegal aliens. If you make copies of identification documents, then you must exercise "reasonable care" to maintain the privacy of those documents. In general, they would have to be kept in a locked cabinet and not in a place where anyone at the company could potential find this identifying information.
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=631566251
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Category:
Labor and Employment Law
Location:
TN
Subject: Public Humiliation at Work
Is
it legal for an employer to yell & scream at an employee at work in front
of other employees & co-workers. Example: ''Just shut-up, I don't want to
hear another word from you, I meanit I said Shut up''? There have been several
times that she has screamed out or talked down to myself & other employers
in front of other co-workwes, in fact to the point that a few have just walked
off the job nad quit right there. Can a law suit be brought against the company
for what this person is doing? Also her husband, who is not employed there,
pushed me out of the office one day. I am 58 yrs old & need my job because
i need insurance. I am always on edge when at work, scared i will do something
wrong and she will start screaming again, I have lost almost 30 lbs of weight
in the past 6-9 months.I would appreciate an answer to these concerns.
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=641119067
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Category:
Labor and Employment Law
Location:
TN
Subject: Re: Public Humiliation at Work
Tennessee
is an "at will" work state, meaning employees can be fired and hired
at the will of the employer.
Conversely, workers can walk out on jobs at will as well.
The
best solution for unhappy workers is always, always to vote with your
feet: pick up and move and find a new
job. If that is impossible at age 58,
then you will have to weigh the balance of your deteriorating health from
staying on the job vs. loss of your health insurance.
Someone
yelling at you at work does not fall into one of the well-accepted torts for
which courts will hold a person liable.
Free speech implies a certain amount of leeway to vent frustration.
If
you can free yourself from the serfdom of having to work for that employer,
then you will have the luxury of telling off your boss in front of a large
group of employees. Alternatively, you
could file a harrassment lawsuit, but as soon as you do, you can anticipate
your employer will fire you.
I
wish I could give you more positive news, but you really need to consider your
alternative employment options -- even if it means working somewhere else for
less pay. You need to have a plan in
case you are let go in the future.
Mike
Guth
http://michaelguth.com/prose.htm
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=646608631
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Category:
Credit, Debt and Collections Law
Location:
FL
Subject: Interstate Driver License Compact
What states participate in the Interstate
Driver License Compact, and which do not? As a resident of Tennessee, my
girlfriend is still having problems with Forida DUI laws. With only one DUI
conviction in 1985, it was ''enhanced'' at the time by three priors in Tn. in
the late 1970's, it then became a ''fourth'' DUI. All fines and punishments
were satisfied; but at the time in 1985, the maximum revocation of the driver's
license was 10 years. But in about 1998 Florida refused to give a ''Letter of
Clearance'' to us in Tenn., as they had toughened their laws to the point that:
no amount of restitution was enough, or even proof of recovery from substance
abuse, or honestly dealing with any underlying mental illnesses, disorders, or
anything that would show achieving some measure of success at coping with the
type of disabilities that contribute to someone who needs help to deal with the
root causes of alcoholism. Fla. decided that after 4 or more DUI's, no one
could ever again be licensed to drive, not even for hardship reasons. We have
contacted various lawyers, but with very little financial resources, we have
not been able to really find out if this law has been successfully challenged.
Tn. will issue a license with a ''clearance''
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=730168029
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Category:
Credit, Debt and Collections Law
Location:
FL
Subject: Re: Interstate Driver License Compact
I
used the computerized Legal database Lexis to search for cases in
Tennessee. No case was found that
contained the words "Interstate Driver's License Compact." Florida did have one case, as did Alabama. That leads me to believe Tennessee has not
adopted the Interstate Driver's License Compact.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=646608631
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Category:
Credit, Debt and Collections Law
Location:
FL
Subject: Interstate Driver License Compact
What states participate in the Interstate
Driver License Compact, and which do not? As a resident of Tennessee, my
girlfriend is still having problems with Forida DUI laws. With only one DUI
conviction in 1985, it was ''enhanced'' at the time by three priors in Tn. in
the late 1970's, it then became a ''fourth'' DUI. All fines and punishments
were satisfied; but at the time in 1985, the maximum revocation of the driver's
license was 10 years. But in about 1998 Florida refused to give a ''Letter of
Clearance'' to us in Tenn., as they had toughened their laws to the point that:
no amount of restitution was enough, or even proof of recovery from substance
abuse, or honestly dealing with any underlying mental illnesses, disorders, or
anything that would show achieving some measure of success at coping with the
type of disabilities that contribute to someone who needs help to deal with the
root causes of alcoholism. Fla. decided that after 4 or more DUI's, no one
could ever again be licensed to drive, not even for hardship reasons. We have
contacted various lawyers, but with very little financial resources, we have
not been able to really find out if this law has been successfully challenged.
Tn. will issue a license with a ''clearance''
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=730168029
===========
Category:
Credit, Debt and Collections Law
Location:
FL
Subject: Re: Interstate Driver License Compact
I
used the computerized Legal database Lexis to search for cases in
Tennessee. No case was found that
contained the words "Interstate Driver's License Compact." Florida did have one case, as did
Alabama. That leads me to believe
Tennessee has not adopted the Interstate Driver's License Compact.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=631861968
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Category:
Credit, Debt and Collections Law
Location:
TN
Subject: Statue of Limitation
Recently
my husband received a notice of collection on a billing for a hospital
proceedure done almost 4 years ago.
is
there a statue of limitations on how long a doctor or hospital can bill for a
proceedure. the only other notice of this was from the doctor about 2 months
ago inwhich my husband left a message at the doctors office to discuss but no
one returned his call. We are now receipt of a letter from an attorney asking
for the funds.
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=620440206
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Category:
Credit, Debt and Collections Law
Location:
TN
Subject: Re: Statue of Limitation
Tennessee
used to have a 3-year statute of limitations for breach of contract cases. Failing to pay a doctor for services would
be a breach of the implied contract between doctor and patient. However, the statute was amended, and now
Tennessee has a six-year statute of limitations on most contract cases. The code citation is Tenn. Code Ann. §
28-3-109.
Mike
Guth
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=8533281
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Category:
Credit, Debt and Collections Law
Location:
TN
Subject: Debt collection and Social Security
My
husband purchased aa auto and had to let it get repoed.The company he worked
for shut down and then he was diagnosed with MS.He was eventually approved for
SS.A collection agency has contacted us.We had agreed to a settlement but a new
person has taken over the account and wants to change terms.I have nothing in
writing about previous offer. My husband owns nothing. I had purchased a mobile
home before we were married.I have no equity and the collection agency is
threatening to have this debt added on to my mortgage.Can they do this?Can my
husbands SS be garnished?I work at home for a very small amount of $.IF I get a
job with more income my husband will lose Mcaid which pays for his med. which
is $1200. per month.I have tried borrowing the $ but our bills are as nearly as
much as SS and my income.Original Charge was 9000. but they offered 2500. and i
was going to pay toward that but they want payment in full within 90 days which
is impossible.Am Iresponsible for this debt I was not there when he made the
Purchase and did not sign anything. I had my own car and this was his.
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=524040973
===========
Category:
Credit, Debt and Collections Law
Location:
TN
Subject: Re: Debt collection and Social Security
I
have advised clients on dozens of cases like yours, and your fact pattern
presents the classic case for someone who should file for Chap. 13
bankruptcy. I will explain why after
answering your questions.
The
collection agency cannot add his debt to your mortgage. That is an outrageous claim for which the
debt collector could be sued under the Fair Debt Collections Practices Act
passed by Congress. However, the
collector will likely claim that you misunderstood him.
Social
Security Disability income is beyond the reach of debt collectors and cannot be
garnished. Any state court that tried
to garnish it would violate federal law.
If
they have repossessed the car, then they have your husband's initial payments
plus any down payment plus the car itself.
They have been fully compensated most likely. You are being subjected to outrageous scare tactics, but you have
no stick with which to clobber the debt collector YET.
Your
husband needs to find a bankruptcy attorney who can file a Chapter 13 petition
for him (1) at no cost to you or your husband ($0 dollars paid to the attorney)
up front, and (2) within the next week.
I
recommend you look on the Internet for a bankruptcy attorney: www.lawguru.com is a good site. Your local phone book yellow pages might
have listings. Call around and see if
you can find a bankruptcy attorney who will meet those two criteria.
Then
you will have a big stick and federal law that will stop the debt collector
from contacting you ever again. All
claims for debts will have to go through the Bankruptcy trustee from that point
forward.
With
Chap. 13, you will not have to sell any of your assets or change your job /
income source. Please be sure to tell
the attorney that you know what you want, and you want to speak to him or her
about Chap. 13.
If
you have any trouble finding a local bankruptcy attorney, then you can write me
and tell me what steps you took to find one.
My e-mail is masg @ juno.com
Michael
Guth, Ph.D., J.D.
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=288539129
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Category:
Credit, Debt and Collections Law
Location:
FL
Subject: Foreclosure
My
husband purchased a home while we were married but due to my credit I had to
sign off and was no where on the mortgage nor did I sign any financial
obligations for the mortgage but I was on the deed and the house went into
foreclosure and they have it listed against me also. How can I be forclosed on a mortgage that I never had?
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=622298659
===========
Category:
Credit, Debt and Collections Law
Location:
FL
Subject: Re: Foreclosure
The
foreclosure is against the property used as collateral to secure a loan from
the bank. You are brought into the
case, because the bank wants to have title in the bank's name, yet it needs to
remove your name from the title in this foreclosure process. If you voluntarily take your name off the
title by quit claim deed, you should be removed from the foreclosure action.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=307981897
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Category:
Credit, Debt and Collections Law
Location:
TN
Subject: Duces Tecum
I
was recently awarded a judgement in small claims court. how do i go about
filing a subpoena duces tecum?
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=623719237
===========
Category:
Credit, Debt and Collections Law
Location:
TN
Subject: Re: Duces Tecum
Do
you know what a subpoena duces tecum is?
If you have a judgment in your favor, you should seek to execute on the
judgment. Why do you need a subpoena,
unless you cannot find the bank account numbers? You can obtain information by post-judgment interrogatories.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=841929069
===========
Category:
Civil Rights Law
Location:
TN
Subject: Hostile Work Enviroment
I
went to work for a company that the store manager is a person who hate people
and deliver messages in a hostile way to all employee. This person even came up
behind me and grab my arms from behind and pull me and said ugly things to me.
She mad at me because I turn her in behind of behavior and things she said that
discrimate people. She gave me a perfect review, then a couple week after she
got in trouble with the company, she review me and gave me all bad marks. She
works me longs hours to aggravate me. Like 18 hours straight. The stress she
put on me, is unbelievable. Now I got sick and been out on a medical leave with
lupus and rehumatiod arthritic. The doctor releasing me to go back part time. I
so afraid I what this person is going to put me through. I need my job. What
right to I have. I have record and journal of alot of things this person done.
Everyone is the store hate this person. She makes everybody jobs a living hell.
Its not the message she deliver but the messenger words and behavior.
Help
tell me what to do
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=625480472
===========
Category:
Civil Rights Law
Location:
TN
Subject: Re: Hostile Work Enviroment
You
would seem to qualify for disability status, which means your employer would
have to make reasonable accomodation for your disability for you to perform
your work. Disability status will
depend on what your doctor is willing to specify about your condition. If you have a boss who creates a hostile
work environment, your best alternative is to vote with your feet and find
another job. Legally, you would not gain
anything by trying to sue the company or supervisor, because you would get terminated
in the process.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=565931613
===========
Category:
Sexual Harassment Law
Location:
PA
Subject: Sexual Harassment Physcological damage
I
was sexually harassed in Feb. 02. The
situation brought back flashbacks of sexual abuse as a child. Since then i
have been in and out of institutions (hospitals) and have had to receive
electric shock treatments. In doing so,
i have been on long term disability and receiving social security payments. My
question is do I have the right to sue for mental(physical) damage. I had four employees witness the sexual
abuse. thanks,
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=626260916
===========
Category:
Sexual Harassment Law
Location:
PA
Subject: Re: Sexual Harassment Physcological damage
Tennessee
has a one-year statute of limitations to bring a personal tort action, such as
sexual harassment. Therefore, the
statute has passed, and you cannot bring suit now for an injury that occurred
in Feb. 2002.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=210305067
===========
Category:
Sexual Harassment Law
Location:
TN
Subject: Termination without any proof of sexual
harassment
My
husband was fired for sexual harassment but was given no info on who accused
him when it happened what was said or anything. He has contacted the Labor
Board but hasn't gotten--name removed--reply yet. Is this legal, he did not do
anything and was actually harassed himself? He is now unemployed and has this
on his record. Nothing has been filed legally outside of the work place to our
knowledge, can other employers get this info & not hire him because of it?
Thank
you.
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=284540182
===========
Category:
Sexual Harassment Law
Location:
TN
Subject: Re: Termination without any proof of sexual
harassment
Most
employers will not give detailed references about a former employee, because it
invites slander or libel lawsuits for maligning the former employee's
character. If you are worried that the
former employer might leak this information to a future employer, your husband
could send the former employer a letter expressing his anger with the situation
and indicate that he would consider suing the former employer if that former
employer gives out false or misleading information. "False" here is a subjective term, and often what is
true to one person is false to another.
Still the former employer would be wise upon receipt of that letter to
give practically only objective reference information: dates of employment, job title, etc.
Michael
A. S. Guth
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=238733115
===========
Category:
Labor and Employment Law
Location:
TN
Subject: Travel Time/Home office
2
issues that are related.
I
work in a field service job and the employees are required to have home offices
but receive no compensation for the space used in the home.
Also,
we travel to various locations to do service up to 1.5 hrs away but are
required to consider the time to our first location and from our last location
as ''hours not worked'' since we are traveling home.
The
question is this - since our offices are in our homes, can these trips be
considered to/from home(noncompensable), or should we be getting paid for the
time and/or the company use of our home?
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=287570697
===========
Category:
Labor and Employment Law
Location:
TN
Subject: Re: Travel Time/Home office
The
U.S. Supreme Court has repeatedly stated that travel from home to the office is
commuting and cannot be considered business travel. However, in your case the office is the same location as the
home. An employer is not required to
compensate you for travel and use of your car for company travel. Most do to remain competitive with other
employers. If the employer did choose
to compensate you, that would be considered reimbursement of a business expense
and would not be declared as taxable income on information returns filed with
the IRS. There is practically no
precedent for an employer paying an employee for the business use of his
home. Bottom line: whether an employer
should compensate is a moral question.
Whether the employer must compensate is a legal question, and the answer
to both of them is NO.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=537811223
===========
Category:
Labor and Employment Law
Location:
TN
Subject: confidentiality breach
I
was recently let go at work and it appears that the employer has discussed with
several employee's the reason why I was let go. Does this breach any employer confidentiality?
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=289181272
===========
Category:
Labor and Employment Law
Location:
TN
Subject: Re: confidentiality breach
There
is no employer-employee confidentiality rule recognized by the courts. Employers must keep certain identifying
pieces of information, e.g., your social security number confidential, as a
matter of federal law. Most employers
will not give detailed references about a former employee, because it invites
slander or libel lawsuits for maligning the former employee's character. If you are worried that the former employer
might leak this information to a future employer, your husband could send the
former employer a letter expressing his anger with the situation and indicate
that he would consider suing the former employer if that former employer gives
out false or misleading information.
"False" here is a subjective term, and often what is true to
one person is false to another. Still
the former employer would be wise upon receipt of that letter to give
practically only objective reference information: dates of employment, job title, etc.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=796169622
===========
Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: children and dating question
I'm
a 29 yr old male with 1 4 year old daughter.
My
attorney has told me that I am not allowed to have my child in the presence of
another female, other than family members, unless I am married to them. Is this
true?
Also
She has also stated that I am not allowed to date again until the divorce has
been final for one year.
Is
this true as well?
Thanks
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=291701752
===========
Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: Re: children and dating question
You
are allowed to have your daughter in the presence of other females, unless for
some reason the judge who gave you custody or visitation has specifically
ordered that you cannot have her in the company of other women. You will need to obtain a copy of the
judge's order in writing and then read it for yourself. There is no precedent for a judge telling
someone he cannot date until one year after a divorce has become final. That sounds highly suspect. Again, you will need to read the order from
the judge and see if it is mentioned there in the order. I cannot answer these questions for you
without seeing the judge's order myself.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=797130217
===========
Category:
Credit, Debt and Collections Law
Location:
TN
Subject: Deferred Interest Rate
I
purchased some furniture on a two year deferred payment plan. I was told by the salesperson that I would
need to enroll in a credit life insurance protection plan, offered by another company,
because of the deferred payment plan.
He said there would be no additional cost to me and the agreement did
not indicate a cost involved. I was led
to believe it was just a ''formality'' as part of the payment plan. When I paid for the furniture I indicated
full and final payment on the check itself.
They asked for an additional $847.00 for the credit protection. I refused to pay it and had them cancel the
policy. The next month I received a
bill with nearly $1500.00 added as a deferred finance charge. Eventually a collection agency called on
behalf of the insurance carrier and said they would settle the issue if I
agreed to pay the original $847.00, which I did. They are still billing me for the entire amount, which is now in
excess of $3000.00! Can they legally
tack on this deferred finance charge when the furniture was paid in full and
policy cancelled?
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=294842265
===========
Category:
Credit, Debt and Collections Law
Location:
TN
Subject: Re: Deferred Interest Rate
The
collection agency appears to be making a series of mistakes; however, its
actions would seem to violate the federal Fair Debt Collections Practices
Act. In particular, there seems to be
fraudulent misrepresentation on which you relied in settling this debt. Your problem could probably be solved with a
letter from an attorney directed to the collections agency. I would be happy to write such a letter on
your behalf for $50. They cannot
legally tack on this deferred finance charge when the furniture was paid in
full and the policy was cancelled.
Maybe if you just print out this response to your question and send it
to the collections agency, it will correct this error.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=429704894
===========
Category:
Consumer Law
Location:
TN
Subject: Question about small claims court
Can
I file a claim in the state of Georgia against someone in the state in
Tennessee? Also in my claim, I would like to ask for the cost of the item,
shipping fees I paid, all court and misc. fees I have to pay to file the claim
and something to make up for the stress and anguish this has caused me. But I'm
not sure what that would be called? Mental anguish? Any help or information
will be greatly appreciated.
Thank
you for your time.
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=469052046
===========
Category:
Consumer Law
Location:
TN
Subject: Re: Question about small claims court
In
theory, you can file suit in Georgia against a Tennessee resident. However, the Georgia court will not have
jurisdiction unless the TN resident conducted business in your state. If you reached out and contacted him in
Tennessee, then GA will not have jurisdiction.
If he advertised in Georgia and called you by phone there or had some
contact in GA, then maybe the court will have jurisdiction. You should look up "The Georgia Long
Arm Statute" and see whether you meet the qualifications for minimum
business contacts with your transaction.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=730141765
===========
Category:
Real Estate and Real Property
Location:
TN
Subject: Changing name on deed
My
grandfather bought me a house and now wants to put into my name. There are no loans on the house, it is paid
for. What is the cheapest way to get
the house into mine & my husband's name?
We don't want either parties to be hit with big taxes. Thank you!
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=196672017
===========
Category:
Real Estate and Real Property
Location:
TN
Subject: Re: Changing name on deed
Your
grandfather can grant you his interest in the house by way of a "quit
claim deed." You will not face
inheritance taxes, assuming the house is worth less than $376,000, if this is a
transfer among two or more living parties.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=253153619
===========
Category:
Credit, Debt and Collections Law
Location:
TN
Subject: Can Co-signer ''take back'' auto when no
default
Recently
my boyfriend co-signed on an auto loan for my 18 year old daughter in an
attempt to start her adult life with a new car and a chance at establishing
decent credit. Before the first payment
has even been made, my boyfriend has ''changed his mind'' and now is demanding
that we return the car to him and he will then sell it/return it at a
loss/whatever.
Does
he have the legal right to demand the car back? While I understand co-signing probably gives him co-ownership of
the car, does it give him a majority ownership status?
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=200804073
===========
Category:
Credit, Debt and Collections Law
Location:
TN
Subject: Re: Can Co-signer ''take back'' auto when no
default
First
piece of advice, get rid of the boyfriend.
Now for your legal question: a co-signor on a loan acts as a surety for
payment in case the principal defaults.
A co-signor does not take an ownership interest in the car. He cannot boss you or your daughter around
or make her surrender the car to him.
The most he can do is petition the bank to have his name removed as a
co-signor, but I doubt if the bank will let him off the hook.
If
he wanted some guarantees, your boyfriend should have obtained those guarantees
before he co-signed the loan.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=366544137
===========
Category:
Business Law
Location:
TN
Subject: Tranfer of LLC member's shares
In
the event of my husband's death or incapacitation, can his LLC shares tranfer
to one of our children or myself?
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=202534767
===========
Category:
Business Law
Location:
TN
Subject: Re: Tranfer of LLC member's shares
The
status of the LLC shares will most likely be governed by the terms of founding
documents that formed the LLC. If the
other LLC equity holders retained a right to buy out your husband's interest in
the event of his death, then that covenant on his equity interest can likely be
enforced. If there is no provision for
other equity partners to buy out his interest upon his death, then his
equitable interest would be treated like any other asset -- which can be passed
on to his spouse and heirs upon his death.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=885824906
===========
Category:
Credit, Debt and Collections Law
Location:
TN
Subject: credit and renting apartments
My
husband and I lived in an apartment earlier this year and only his name was on
the lease agreement. We are going
through a separation and I can't rent an apartment because they say I was on
that lease agreement also and money is owed to them. I know we were married, but how is that possible without me
signing anything?
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=205956306
===========
Category:
Credit, Debt and Collections Law
Location:
TN
Subject: Re: credit and renting apartments
First,
you should not accept anything by word without written proof. If the landlord claims you are a party to
the lease, he should produce a copy of the lease with your name on it. Then you ask if your name is on it, why
didn't you have to sign? I seriously
doubt if a husband can sign on behalf of himself and his wife. The wife would really have to sign to become
legally liable for payments.
Tennessee
has a statute called the Landlord Tenant Act that covers leases in the major
cities plus a handful of other counties.
You should look for the act or ask your landlord if that particular
lease is in a county governed by the statute.
If so, it will be even harder for your landlord to claim you owe any
money on a lease you did not sign.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=998621133
===========
Category:
Personal Injury Law and Tort Law
Location:
TN
Subject: Statue of limitations
I
was involved in an accident on 4 Sept 03. I was backed over by a non-insured motorist (I was a
pedestrian). I informed my insurance
company right away. I have finally
healed enough that I feel comfortable settling with the insurance co. How long do I have to do this? They have already made 2 offers one of
$1000.00 and the second of $1500.00. I
made contact with them and told them that did not sound reasonable, due to all
the pain, suffering, and scarring left.
I have sent them pictures since our last conversation, and now I am
worried that I am running out of time to file in court if necessary.
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=9725182
===========
Category:
Personal Injury Law and Tort Law
Location:
TN
Subject: Re: Statue of limitations
Oh
my gosh!! You have only until Sept. 4, 2004, to file a lawsuit against the
person who backed into you and potentially your insurance company. The difficulty here is that you were a
pedestrian, so only your health insurance company has liability -- not the
uninsured motorist policy on your automobile.
Most health insurance companies will only pay out of pocket expenses,
and not pain and suffering expenses.
You need to drop whatever you are doing on Tuesday and Wednesday and go
see at least 3 personal injury attorneys to get their opinions on whether you
have a case.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=874831748
===========
Category:
Labor and Employment Law
Location:
TN
Subject: Employer suing employee for negligence?
My
daughter quit her job in June, due to be with us in a family emergency, which
took our whole family out of town for over 2 months. Her sister, my other
daughter was ill, had two surgeries, one month in hospital, one month recovery.
Her
employer is now billing her in July for an order that was returned and refunded
by the Manager,back in March,while she was still working there. The employer
has threatened to sue her for negligence. The employer has also destroyed her
personal property that was mistakenly left there(her books of photo negatives)
which are priceless. She destroyed my daughter's property, even though it was
requested to be mailed COD, which they've done with all previous employees. The
Manager was having my daughter do her work plus that of three others that were fired,
months ago, so when my daughter resigned it probably put their business in a
real bind. I'd say that's negligence on part of manager. Can they legally sue
my daughter for a customer's returned order ($900 approx)and win or send this
ridiculous bill to a collection agency?
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=12786504
===========
Category:
Labor and Employment Law
Location:
TN
Subject: Re: Employer suing employee for negligence?
Anyone
can file a lawsuit over just about any subject. The question is whether the lawsuit has any merit. In your daughter's case, the best defense is
a good offense. Instead of receiving
threats from her former employer that he might sue her, she needs to write him
that she may sue the former employer for destruction of her personal property
with malice and intent and therefore seek both compensatory and punitive
damages. She could also allege that she
was doing the work of three other employees due to her employer's inept
handling of personnel and sue for back wages not paid to her. I seriously doubt an employer would initiate
suit if he knows a counter suit against him will follow maybe for far more than
$900.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=538845673
===========
Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: What are my Rights?
My
husband & I are currently in Chapter 13.
My husband is also an alcoholic.
Both of our checks have volutary deduc-
tions
for the bankruptcy. What are my rights
if I do de-
cide
to go through a separation due to my husband's alco-
holism? There are two (2) children involved
also. There is
no
physcial abuse, but, a lot of emotional & mental abuse
geared
towards our two kids & myself by my husband when he's
in
a stupor. Any information would be
very, very helpful. I would prefer
being contacted at work: 615/781-5669,
ext.
12. Thank you for your time.
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=752799428
===========
Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: Re: What are my Rights?
You
have the same rights to obtain a divorce or separate from your husband as any
other person. The only catch here is
that the Bankruptcy trustee will have to be notified of your new living
arrangments, because the monthly amount that you pay the trustee was based on
you and your husband sharing the living expenses. Would you intend to move from your home, or would you like your
husband to move out and live elsewhere?
If he has to pay rent, that will affect his ability to pay the
bankruptcy trustee as well as any child support to you. I wonder if divorce is the answer or if forcing
your husband to go to an alchohol treatment facility would be a better solution.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=487798535
===========
Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: Father's rights
My
husband pays child support to his children as he should, but he also adopted my
3 children (my children's father was/is alcoholic and gave up his rights). It
is a financial strain in every way on our family and the ex-wife is constantly
using the kids for power and control. Do the courts take into account other children
he has to provide for? Also, his daughter ''decided'' a year ago that she just
didn't want to come see him anymore and her mother agreed to let her stay home,
we can't afford to go to court and fight this, what should we do?
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=757590742
===========
Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: Re: Father's rights
It
is very, very important that any time you face a financial burden because of
child support payments that you inform the court of the impact of that
burden. People cannot sit on their
rights, because the child support system is set to roll over people and force
payments or even put them in jail for failing to pay. The child support enforcement office absolutely must take into
account the number of other children that your husband supports. The TN Supreme Court initially ruled in
error that child support offices did not have to take into account the number
of other children supported by the child support debtor. But that decision was expressly overruled by
the Tennessee legislature, and now child support has to follow Tennessee law
and take into account the total number of children supported. Your husband should move to modify his child
support obligation. You can see a
sample pleading at http://michaelguth.com/visitation.htm
With
respect to the recalcitrant daughter, you did not indicate her age. Assuming she is age 13 or older, you will
have a nearly impossible task of forcing her to visit your husband, if she is
willing to appear in court and say she does not want to go anymore. Tennessee courts are obligated by state law
to do what is best for the child, and the older the child is, the more weight
the court has to place on that child's express wishes concerning visitation and
living arrangements.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=103947477
===========
Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: Divorce Petition
Can
I leagally petition the court for a no fault divorce without any legal
representation? If so, where and how would I begin this process? Also, where
would I find the necessary information to insure that my petition is legal and
contains any and all information required to optain a legal divorce in my
state? Spouse and I have not been together in a marital fashion as of 1 year
today 9/4/04. I am unable to afford the cost of a lawyer and do not seem to be
eligible for any local assistance with legal fees.
Thank
you in advance for your help
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=764242435
===========
Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: Re: Divorce Petition
How
ironic! I generally don't practice in
the area of divorce law. However, I do
help people just like you file their own petitions for divorce pro se (without
a lawyer). You can read all about my
assistance to pro se parties at http://michaelguth.com/prose.htm That page also shows contact information
for me. The cost for having your
paperwork prepared is $149 payable to me.
In addition, you will have to pay a court filing cost of approximately
$134.50, although the court costs can eventually be taxed to your spouse if you
both agree to that. Or you can pay the
court costs if you have more income.
Please feel free to contact me if you and your spouse can agree to a
divorce and want to handle this without lawyers. Tennessee Chancery Courts will accept my pleadings and grant you
a divorce.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=683542096
===========
Category:
Real Estate and Real Property
Location:
TN
Subject: TN statue of limitations for trespass bamboo
damage
Do
I have a viable option for negotiation with the possibility of a law suit where
a neighbor planted bamboo on my property, that spread further on my property
where the removal of this bamboo with resodding could cost several thousand
dollars.
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=143850838
===========
Category:
Real Estate and Real Property
Location:
TN
Subject: Re: TN statue of limitations for trespass
bamboo damage
You
posted a message here about a month and a half ago talking about your neighbor
planting bamboo on the lot line between your two houses. You apparently cut the bamboo to be the same
height as your fence, and your neighbor sued you or complained to some
authority. What happened in that
matter?
I
am reluctant to give further advice unless the facts become more clear. Why would a neighbor plant anything on your
property? Did the neighbor plant on his
own property and the trees spread? Does
the neighbor contend the land under the bamboos is actually his land?
In
theory, if a neighbor crosses your property line by growing a plant that you
consider a nuisance, then you have been harmed the tort of trespass. Proving
damages are another story. You might
not like the bamboos (they sound quite exotic and interesting to see them
growing in Tennessee), but you may find a court holds you have suffered no
monetary loss. If you choose to to have
the land cleared and resodded, that might be deemed "land
improvements" for which you must foot the bill, not your neighbor.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=770290499
===========
Category:
Real Estate and Real Property
Location:
TN
Subject: Quick claim or how to re-finance house in my
name only
I'm
now divorced and wish to refinance the house in my name only.My ex-has already
bought another home . Will I need to get his signature on some type of form
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=145891982
===========
Category:
Real Estate and Real Property
Location:
TN
Subject: Re: Quick claim or how to re-finance house
in my name only
When
you were divorced, the court should have entered an order pertaining to the
equitable distribution of the marital property --- including your house. You will have to go by that order. Assuming that it gave you complete ownership
of the house, then you should contact your local Recorder's Office at the
county courthouse and see if they will transfer title to just your name based
on the divorce court's order. If not,
then your exhusband will have to sign a quit claim deed granting to you all his
interest in the property. With the quit
claim deed, the Recorder's office will modify the title to show it is solely in
your name.
Mike
Guth
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=917840133
===========
Category:
Credit, Debt and Collections Law
Location:
TN
Subject: Legal Tender
My
wife has just received a notification that she has an outstanding debt with her
previous landlord. The charges are
questionable but not worth worrying over, when I attempted to pay the fee they
informed me that they do not take cash, which I thought I remembered from my
business law class nullified the debt.
Am I mistaken, are they allowed
to specify that U.S currency cannot be used to settle this debt?
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=149523353
===========
Category:
Credit, Debt and Collections Law
Location:
TN
Subject: Re: Legal Tender
Part
of your facts seem to be missing. In
the USA, as in almost all nations, CASH is KING. That means any creditor would prefer to receive cash over almost
all other forms of payment. Does the
former landlord have a problem with having no place to store the cash until he
can deposit it into a bank?
If
you take the ex-landlord to court and establish that you offered to satisfy or
pay off the debt with cash, the court will recognize that the debt could have
been paid in full and will penalize the landlord for not accepting cash ---
unless there was some strange contract term that specifically called for payment
through services or some other non-cash means.
Are
you offering the former landlord cash for a smaller amount than the total
balance due?
This
sounds like a strange case. I've never
heard of a businessman not accepting cash for payment of a debt. I have heard of business people not wanting
to sell an expensive item for cash, because they don't want to risk robbery,
and so they insist on payment by check or direct deposit to a bank. However, there is no rational reason for a
landlord not to accept our sovereign currency.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=947929082
===========
Category:
Computer & Technology Law
Location:
FL
Subject: Illegal us of custom software
6
months ago, a former client of mine requested that I create a custom content
management system for one of his clients. The program was completed in the same
month, less any added revisions that he requested after the project was
completed. The project was put on hold for revisions and some additional ecommerce
setup that needed to be added in due to my client's client disappearing for a
while. 6 months after the fact my former client now refuses to pay for the
services rendered and I was informed he will be using the custom programming I
had done for him anyway even after I requested that he either pay for the
programming that was done or remove the code from his server. He has decided to
do neither. I do have a full copy of the code that was programmed on cd as well
as samples of previous work that can prove that the code was from the same
programmer I use. I also have a statement that proves that i personally paid my
programmer $300 for this code that my client refuses to pay me for. I am told
that my former client's client has recently returned and they will be using our
code on the client's new server. Is there something that can legally be done
about this?
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=482762281
===========
Category:
Computer & Technology Law
Location:
FL
Subject: Re: Illegal us of custom software
You
don't mention anything about having a written contract for this work. Unfortunately, if you try to sue without a
written contract, the case will likely to deteriorate into a "sworn under
oath" match between the two parties.
If you want to scare your former client, then you can file suit against
him in small claims (General Sessions) court for the county where he is
located. However, the court filing fee
is about $120, so you might be adding to your losses -- including time spent on
the case and waiting to appear in court.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=979394005
===========
Category:
Credit, Debt and Collections Law
Location:
TN
Subject: Collection notices sent but not to our
address
My
husband received a voice mail concerning a balance on a credit card. He returned the call and was told this was
the final attempt to collect the balance.
We live at the same address the card was opened with; however, for the
past year, the credit card company and later the collection agency had been
sending notices to an address we had before the credit card was ever issued --
a house we sold a year before even opening the credit card account. The collection agency states we must pay the
balance of over $1300 immediately because they have already been trying to get
us to pay and the time for disputes and negotiations is over. This mornings phone call was the first we
had heard of the account balance. We
thought we had paid off the balance last summer and we cut up the card. We didn't receive any more statements after
our last payment and therefore had no reason to question the absense of
mail. We would like to dispute the
balance but the collection agency said we are out of time for that. Under pressure from the agency and knowing
nothing else to do, we tried to set up a payment arrangement and they said it
was too late for that, also. Do we
still have a right to dispute or payment arrangements if a dispute fails?
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=485494136
===========
Category:
Credit, Debt and Collections Law
Location:
TN
Subject: Re: Collection notices sent but not to our
address
Yes. You have a right to dispute the amount. Your long posting here would make a good
complaint for you to file in General Sessions court against the collection
agency -- rather than waiting for them to file suit against you. Also, you should check out over the Internet
the "Fair Debt and Collection Practices Act." The collection agency is not allowed to
demand payment in full and tack on additional fees if it did not previously
contact you about the debt. If you were
not aware of the debt, maybe the charges on the card are inaccurate. Tennessee has a six-year statute of limitations
on breach of contract claims -- which means you have six years from the time
that you are aware of the breach to bring a possible lawsuit seeking damages.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=301273490
===========
Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: Child Support
If
a divorced couple has joint legal custody of a minor child and the child's time
is divided exactly 50% with mom and 50% with dad, is a child support order
mandatory in Tennessee or can it ever be waived?
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=490317062
===========
Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: Re: Child Support
When
the child's time is spent 50% with each parent, then it is rare to find cases
where there is a required child support payment. To the contrary, I am familiar with several cases in our local
county where a 50% custody by both parents eliminated the burden of child
support on either parent. If you start
out with a situation where one party in paying child support, and then the
custody changes to 50% with each parent, then it is necessary to get the court
to sign an order modifying the existing child support order. In other words, parties cannot sit on their
rights. The court expects you to
petition to modify the support order when the custody arrangement changes.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=301273490
===========
Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: Child Support
If
a divorced couple has joint legal custody of a minor child and the child's time
is divided exactly 50% with mom and 50% with dad, is a child support order
mandatory in Tennessee or can it ever be waived?
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=490387125
===========
Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: Re: Child Support
When
the child's time is spent 50% with each parent, then it is rare to find cases
where there is a required child support payment. To the contrary, I am familiar with several cases in our local
county where a 50% custody by both parents eliminated the burden of child
support on either parent. If you start
out with a situation where one party in paying child support, and then the
custody changes to 50% with each parent, then it is necessary to get the court
to sign an order modifying the existing child support order. In other words, parties cannot sit on their
rights. The court expects you to
petition to modify the support order when the custody arrangement changes.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=301273490
===========
Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: Child Support
If
a divorced couple has joint legal custody of a minor child and the child's time
is divided exactly 50% with mom and 50% with dad, is a child support order
mandatory in Tennessee or can it ever be waived?
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=490367098
===========
Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: Re: Child Support
When
the child's time is spent 50% with each parent, then it is rare to find cases
where there is a required child support payment. To the contrary, I am familiar with several cases in our local
county where a 50% custody by both parents eliminated the burden of child
support on either parent. If you start
out with a situation where one party in paying child support, and then the
custody changes to 50% with each parent, then it is necessary to get the court
to sign an order modifying the existing child support order. In other words, parties cannot sit on their
rights. The court expects you to
petition to modify the support order when the custody arrangement changes.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=215367245
===========
Category:
Education Law
Location:
TN
Subject: Suspension / Educational Punsihment
Hello,
Recently,
I was suspended from a public school for using bandwidth on one of the
teacher's personal webpage. Simply stated, I used about 95% of the bandwidth to
the webpage. There is no disclamer or anything that states you can only use XX
amount. I was suspended for 'Disrupting the Educational Process' for two days,
without the option to finish missed work. The webpage is registered to the
individual teacher and is not paid for by the school. The teacher , however,
did have an online assignment on it. The webpage nor the attack source were
located in the school or on campus. My question is: were they allowed to
suspend me in the first place, and are they allowed to force the uncompleted
work (from days missed) to count against me.
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=281648689
===========
Category:
Education Law
Location:
TN
Subject: Re: Suspension / Educational Punsihment
Before
I answer this question, I have to disclose my bias. I strongly oppose the public school's abuse of zero tolerance
policies, and I am anxious to bring suits against local public schools for
arbitrary and capricious conduct.
You
said that you used 95% of the bandwidth on your teacher's page. Were you intentionally trying to disrupt the
page? What was the purpose of the
attack program?
You
can always bring a lawsuit against the public schools to challenge any denial
of due process or equal protection, but I don't have enough facts here to say
if you have a bonafide cause of action.
As a general rule, students should be given an opportunity to complete
missed work: the purpose of these
schools is to educate the masses, not mete out judicial punishments.