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Posts Tagged ‘Lawyer’

If UR talking on a tape recorder in public & someone says something in the background is it legal 2 use…?

November 9th, 2011 4 comments

…in court? Or if they make a death threat to you but you don’t know their name or where they live etc is it legal? I need legal facts on this, not assumptions, thank you!

I want to submit a tape recording of public mobbing in the town where I used to live in a court hearing and else where. (Keep in mind I don’t know who these people are or ever will.)
Is it safe for me to use in court?

I lived in California at the time, but now I live in Nevada.
falsi fiable, your stupid I don’t think you know what you are talking about! First of all if no one can record anyone in the background the digital tape recorder would be outlawed!

And secondly I used the tape recorder to provide proof I am being publicly gang stalked, verbally assaulted and mobbed every time I leave my house. This has to do the police corruption who are the ones instigating this crime against me by contacting the public with lies about me, esp that I am slandering their city and trying to destroy it!

This tactic is part of the COINTELPRO program that I am a target of for reporting their and other police Dept involvement in corruption. Such corruption that would shut down 90% of all Police Dept all a crossed America!

And thirdly ALL courts are going to be hearing these tapes.

Depending all the fact that we have no way to know about your case, you might or not be allowed to submit the tape as evidence in court.

The best you can do is to talk about it with a lawyer who might know all the details of your case; if your lawyer thinks that it’s worth the effort then he might try to submit it as evidence but it’s up to the judge to reject it or not.

How Long Will My Case Take? Florida Injury and Wrongful Death Attorney Steve Brooks Explains

September 3rd, 2011 No comments

http://www.brookslawgroup.com

Florida personal injury wrongful death attorney Steve Brooks discusses one of the most important questions a client ever asks: how long will my case take?

Many factors go into determining how long a case will take. Most of the time of a case is taken gathering evidence, facts, and testimony. We may need to hire specialists to reconstruct the entire accident scene, interview witnesses, and examine all the evidence. Your medical records are another step in the process. If you have a long medical record with lots of prior medical history that can take a long time to get from different sources. The actual treatment you receive is also very important to the length of your case. We want your treatments to have been completed in order to gain the best possible settlement for your case. Also, dealing with insurance companies can take time. If you deal with someone who does not act in good faith it can extend the whole process. Watch the video to learn more.

For more information about personal injury and my firm, visit our educational website at http://www.brookslawgroup.com, where we discuss common personal injury types. If you have legal questions, I want you to call me at 1-888-936-3264. I welcome your call.

Brooks Law Group, PA
123 First St.
Winter Haven, FL 33881
(863) 299-1962

2002 5th Ave., Unit 101
Tampa, FL 33605
1-888-WE-MEAN-IT

1401 Havendale Blvd.
Winter Haven, FL 33881

Duration : 0:2:50

Read more…

Possible legal trouble with the ex… VERY LONG… sorry!?

May 31st, 2011 3 comments

So… another legal(s) question. I NEED to get a lawyer but of course no ones around until Monday and I will worry myself to death until then. My ex calls me tonight. This is all about the issue a few months ago where my son asked to be adopted… So my ex tells me tonight that I will be getting served with papers hahahah…

When I ask what for he tells me that there are several things pending with the state att. 1) fraud. his child support is auto deduct from his check. In the past his company has over paid me and when I took steps to give it back I was told that all I had to do was agree to allow them to take "X" amount out of each payment in the future to cover it and that’s the best way to resolve this… that is what I have been doing. The last few weeks they have been double paying me. I called them and as per the agreement they told me that if his company sends it in with my name that they have to give it to me and if it is a over payment then they will just keep taking "X" amount until it is covered. Fine not a problem… he states that my case worker (at my request) has forged papers saying that he is in arrears and that they have auth the state to take double payments until this is caught up… I have not been to court / talked to judge / filed ANY sort of papers about child support. I am clue less but needless to say PER HIM I have a fraud charge coming.

2)He then tells me that he has hired a PI and this person has been following me for the last 8 weeks… they know every breathe that I take (If this is true then I hope this person was bored to tears!) States that he now knows everything about me… my employment record, 9 years of bank statements. Both of my kids school records (my daughter is not even his…) ect…Because of this, this has helped the state prove that there is cause to file neglect charges on me and take my kids… now maybe i am stupid but wouldn’t DCF or some other agency have to look into this. Visit me, visit my home ect? I have NEVER been visited my DCF or had cause to have them visit me.

3) my husband in under a PTI. This is for theft and his first offense ever. He was adv that as long as he behaves / shows up for his monthly check ins / pays the fines / does not get in any trouble that there are no other restrictions… he can come and go… drink even within reason and leave the county as needed… we went to NC back in Feb… My ex caused me and my husband to fight. It was bad and my ex called the cops. He is telling me that with one phone call he can have him arrested for this issue… the cops that responded at the time of issue ran his name… checked all his info and released him from the scene. How the hell can he cause my husband to be arrested for a issue that happened out of state when the responding cops did not see fit to?

and last I promise)
4) he says that the states has me for insurance fraud… Both of my kids are on Florida Kid care. have been for years. My ex now states that he can prove that he has had insurance on my son for the last 9 years and I just failed to use it… This is not something that I was ever advised of. In fact he told my mother that when we divorced the judge told him he had to pay for it…not give me the info… It’s hear say but….

1) Hmm.. Try looking at that from his perspective. How would you like it if a big chunk of your check was being taken out and you knew it wasn’t supposed to be? And then the response was "we’ll just take out less later. Good luck with your bills for THIS month!" I’d be pissed too. And so would you – don’t deny it. It sounds like a big misunderstanding, but you should really try to get this fixed as soon as possible. He may have a case here.

2) Creepy, and probably BS if you haven’t heard from any officials. And not to his benefit if it’s true and hes just waiting to report you. If he knows that his child is being neglected, and he’s letting it continue for personal reasons, then he’s neglecting the child too.

3) Yeah…kinda bad for you’re case there. When you say "fight" do you mean like fist fight, or screaming fight? Because that’s kind of important. He probably can’t get your husband arrested for that, but it’s something you need to maintain an awareness of. Also, if he was out of state, and his case worker doesn’t know about the incident, and if it was a violation of 1 of his conditions, then your ex may have a point… Tread softly.

4) Fraud in an intentional crime. You can’t defraud someone if you don’t know an alternative exists.

5) What’s the story about your kid asking to be adopted? Adopted by who? Is he asking to live with his father, or just with some random couple? That kind of makes me wonder about that whole neglect thing and if that isn’t just a story. How old is the kid, and why does he want to be adopted? That could be a major playing card for your ex.

I don’t mean to make you panic, but if your ex has a decent lawyer, you need one too.

This is long… possible legal issues with the ex?

May 27th, 2011 1 comment

So… another legal(s) question. I NEED to get a lawyer but of course no ones around until Monday and I will worry myself to death until then. My ex calls me tonight. This is all about the issue a few months ago where my son asked to be adopted (he is 12 and wants his step dad to adopt him)… So my ex tells me tonight that I will be getting served with papers hahahah…

When I ask what for he tells me that there are several things pending with the state att. 1) fraud. his child support is auto deduct from his check. In the past his company has over paid me and when I took steps to give it back I was told that all I had to do was agree to allow them to take "X" amount out of each payment in the future to cover it and that’s the best way to resolve this… that is what I have been doing. The last few weeks they have been double paying me. I called them and as per the agreement they told me that if his company sends it in with my name that they have to give it to me and if it is a over payment then they will just keep taking "X" amount until it is covered. Fine not a problem… he states that my case worker (at my request) has forged papers saying that he is in arrears and that they have auth the state to take double payments until this is caught up… I have not been to court / talked to judge / filed ANY sort of papers about child support. I am clue less but needless to say PER the ex I have a fraud charge coming.

2)He then tells me that he has hired a PI and this person has been following me for the last 8 weeks… they know every breathe that I take (If this is true then I hope this person was bored to tears!) States that he now knows everything about me… my employment record, 9 years of bank statements. Both of my kids school records (my daughter is not even his…) ect…Because of this, this has helped the state prove that there is cause to file neglect charges on me and take my kids… now maybe i am stupid but wouldn’t DCF or some other agency have to look into this. Visit me, visit my home ect? I have NEVER been visited my DCF or had cause to have them visit me.

3) my husband in under a PTI. This is for theft and his first offense ever. He was adv that as long as he behaves / shows up for his monthly check ins / pays the fines / does not get in any trouble that there are no other restrictions… he can come and go… drink even within reason and leave the county as needed… we went to NC back in Feb… My ex caused me and my husband to fight. It was bad and my ex called the cops. He is telling me that with one phone call he can have him arrested for this issue… the cops that responded at the time of issue ran his name… checked all his info and released him from the scene. How the hell can he cause my husband to be arrested for a issue that happened out of state when the responding cops did not see fit to?

and last I promise)
4) he says that the states has me for insurance fraud… Both of my kids are on Florida Kid care. have been for years. My ex now states that he can prove that he has had insurance on my son for the last 9 years and I just failed to use it… This is not something that I was ever advised of. In fact he told my mother that when we divorced the judge told him he had to pay for it…not give me the info… It’s hear say but….

I will use initials because the word is not acceptable on yahoo, but what he is feeding you is BS and none of it is even close to the truth. He cannot do any of the things he is claiming and he is trying to intimidate you, there is an old saying and it has connotations that are best not explained, Tell him to pound salt and stop worrying that is his intent and you are falling for it speak with an attorney and if in fact a PI had accessed the financial information that he claims it would be illegal and the PI would lose his license. Tell him his BS smells and you will see him in court.}{

Long story but the ex causeing drama / possible legal issues?

May 24th, 2011 1 comment

So… another legal(s) question. I NEED to get a lawyer but of course no ones around until Monday and I will worry myself to death until then. My ex calls me tonight. This is all about the issue a few months ago where my son asked to be adopted… So my ex tells me tonight that I will be getting served with papers hahahah…

When I ask what for he tells me that there are several things pending with the state att. 1) fraud. his child support is auto deduct from his check. In the past his company has over paid me and when I took steps to give it back I was told that all I had to do was agree to allow them to take "X" amount out of each payment in the future to cover it and that’s the best way to resolve this… that is what I have been doing. The last few weeks they have been double paying me. I called them and as per the agreement they told me that if his company sends it in with my name that they have to give it to me and if it is a over payment then they will just keep taking "X" amount until it is covered. Fine not a problem… he states that my case worker (at my request) has forged papers saying that he is in arrears and that they have auth the state to take double payments until this is caught up… I have not been to court / talked to judge / filed ANY sort of papers about child support. I am clue less but needless to say PER the ex I have a fraud charge coming.

2)He then tells me that he has hired a PI and this person has been following me for the last 8 weeks… they know every breathe that I take (If this is true then I hope this person was bored to tears!) States that he now knows everything about me… my employment record, 9 years of bank statements. Both of my kids school records (my daughter is not even his…) ect…Because of this, this has helped the state prove that there is cause to file neglect charges on me and take my kids… now maybe i am stupid but wouldn’t DCF or some other agency have to look into this. Visit me, visit my home ect? I have NEVER been visited my DCF or had cause to have them visit me.

3) my husband in under a PTI. This is for theft and his first offense ever. He was adv that as long as he behaves / shows up for his monthly check ins / pays the fines / does not get in any trouble that there are no other restrictions… he can come and go… drink even within reason and leave the county as needed… we went to NC back in Feb… My ex caused me and my husband to fight. It was bad and my ex called the cops. He is telling me that with one phone call he can have him arrested for this issue… the cops that responded at the time of issue ran his name… checked all his info and released him from the scene. How the hell can he cause my husband to be arrested for a issue that happened out of state when the responding cops did not see fit to?

and last I promise)
4) he says that the states has me for insurance fraud… Both of my kids are on Florida Kid care. have been for years. My ex now states that he can prove that he has had insurance on my son for the last 9 years and I just failed to use it… This is not something that I was ever advised of. In fact he told my mother that when we divorced the judge told him he had to pay for it…not give me the info… It’s hear say but….

Ok first of all.. calm down… him saying things, and these things being true could be two different things.. so until u actually get served dont read to much into it.. he could be blowing smoke just to freak you out.. and if thats the case well , its working..

The child support will straighten itself out.. not a big deal a judge will figure it out and they will just let him pay less for however long until its caught up .. 50 a month or whatever until its fair again.. (although if he’s making more money now then he was when c/s was issued could back fire on him if your lawyer (if he actually is having u served) counters with a modification that could make his c/s increase which would wash it out if not make him owe u even more.)

LMAO@ the case worker upon your request forged documents lol wow you have alot of power.. bet u didnt know that lol.. so much so that u could get a state worker, to risk their job to forge doc for you lol.. he’s full of crap , he’s grasping at straws.

PI.. wow your x must be really rich if he can afford a PI for 8 weeks.. and he’s complaining about a few weeks of extra child support yet he can afford a PI for 8 weeks.. tell him to show u proof.. lol and im pretty sure that if they tapped into your bank records for the last 9 years , thats not public knowledge and im pretty sure he or the pi could get in trouble for that so again i think he’s full of crap..

If he’s not on your daughters list of people of contact ( listed as father etc) then you can sue the school for giving out any information on your child that isnt his.. he has a right to the records on his son unless u have court papers stating otherwise but your daughter is another story .. and typically the schools check before giving out any information on a child.. they will check your license to make sure your on the contact list.. As far as the neglect.. you know if you neglect your children or not.. do u feed them, bathe them, put a roof over their head, are u making sure they are provided for and go to school.. if so he has nothing.. and DFS would laugh in his face.. btw you said he’s out of state.. what did he do drive from his state just to go to the kids schools to get a copy of their records??? lol..

LOL your x is an ego maniac he cant call the cops on a situation that happened awhile back that was already handled.. he’s full of himself he’s trying to intimidate you and scare you.. tell him to bring it! because he’s full of crap , id even be willing to bet that if not 100% atleast 95% of what you’ve put here that he’s said is b.s. and he’s just pissed and lying out his butt to try and scare u.

Tell him to prove it when it comes to the insurance fraud.. can he prove he sent u a scaned copy via email, or a sign reciept through snail mail that he gave it to u, etc because if he cant prove that he gave it to u, then it cant be proven that you had it.. now if at the last judgement it is recorded that they gave him a deduction in c/s because he had medical benefits on the children and you continued to use Kid care then possibly you could get in trouble.. but if at the time there was no proof of insurance for the kids then i wouldnt worry about it.. and tell him your still waiting on a card because he has to give u one in order to use it.. he cant "NOT GIVE U THE INFO" lol let him tell that to a judge lol.. better yet.. email him about the insurance see if he’s stupid enough to put that in an email and show that to a judge lol…

Dont let this guy get to u.. id be willing to bet that he’s full of crap.. Dont worry until theres something to worry about and if you dont have papers in hand.. then theres nothing to worry about.. no need to get a lawyer until your served because i think he’s blowing smoke.. and even if he’s not, your lawyer cant do anything until you get served anyways to actually read what he’s suing you for.. so stop getting stressed out over this stupidity.. He has nothing.. based on what you put here.. and most of the things u said, sound far fetched…. so dont let him rattle you.. just say "COOL cant wait to see the papers" and get off the phone.. stop letting him bait u into a conversation..

Are peoples wills public records in all states?

April 22nd, 2011 1 comment

I am not sure if anyone knows the answer to this. My father died in the state of California in 2004, and my sister and live in Pennsylvania. He hadn’t been in contact with us for years, before he got sick very quickly and died. My sister and I had no relationship with the controlling woman he was married to. Any questions asked her were not answered, and we let it go. We have since learned the wife has dementia. Not sure where she is. My sister and I are trying to find out if my father had a will or whats happening to the property out there? We have heard just recently through friends of my fathers out there, that the property is deteriorating and no ones been around the house for awhile. I would like to know what is public record out there and can I find it online? Such as property tax. if the house is paid off. Up for sheriff sale? Or if he had a will. Our father was cremated and my sister I know his ashes are there somewhere in the house. If nothing else we would like to at least get his ashes,and bring them home, but before we would go out there, we want to make sure the house isn’t getting sold for back taxes. We don’t know who his lawyer was and we are basically stuck trying to find out information. Any help someone could give me as to guide me in the right direction would be appreciated. I was able to at least get his death certificate, but that’s about all.

If your father had a will and it was probated then it is public record. Call the probate court in the county in which your dad lives and ask if there was an estate opened under his name. Also, if you have the address of the property you can get a title company to check for a nominal fee to see if the property is in your dad’s name still. If it is, and there has been no estate opened, and you cannot find a will, then his next of kin are entitled to the property.

My widowed mother threatened to ditch me for Foster Care/City House care in Texas. Is it legally possible?

April 16th, 2011 2 comments

Normally this wouldn’t be a big deal if it was once, but this is the 5th time this year and she says she wants to kick me out because I’m a medical burden and rebellious.

She threatens to have a lawyer sign me over and have me live at city house with life insurance for my dad’s recent death. She also threatened foster care and abandonment in an Ikea store. I want to know if this is legal for her to do any of the above 3.

We have a CPS record for various things but nothing serious. She assaulted me 2 weeks ago but the police blew me off and told me to grow up.

Me: 15/Male/High School Student in texas. Suffering from various medical issues that have to be taken care of ASAP.
Mom: Widowed for a little over a year.

I would REALLY appreciate it if you informed me about the legality of these threats. It sounds possible but then again, don’t all parents want to ditch their kids?

Thanks!
We got into the arguments about my life-threatening case of pectus excavatum.

Yes some days all parents want to ditch their kids and go to the beach. Then the kids come screaming in the house and need lunch and the parents forget about it and tend to their little darlings. I am sorry she is verbalizing these things to you, she sounds like she is at the end of her rope and concerned that she cannot take care of you. Legal, I don’t know. Appropriate to say to your kids, NO. Hope you can find a counselor at your next school and talk to someone about how all this is affecting you.

Probating A Will In A Small Texas town?

March 27th, 2011 2 comments

My dad died this year living his ninety year old wife as executrix of his will, I was next if my stepmother was not able to serve. which she was not. she is well know in this because she was very active, everyone knows her mind is going. I have P.O.A, there was a hearig to declare her incompetent, the day of the hearing the lawyer that made the will presented to the judge he wanted the banker be repersenative for my stepm, without my knowledge or my lawyer’s. my lawyer told the judge he had made several attempts by ph, and mail without return, and the judge said you have not talked. I’ll give you a minute to talk. I went ahead an agree to this. I feel violated and disrepected. I wint to the bank and tried to get bank I was told my P.O.A. was not good death. I have an expiration on p.o.a 2030. I tried to get a statement of liens or judgement against. the person look in computer and the judge had the records. and it was not on the comp. Can they do this? the money dad gave me bef H D

1. I have no idea what a POA is.
2. Lots of small towns are crooked.
3. Suspicious that a "banker" (he who holds the accounts, huh?) is appointed to manage the s-mother’s affairs instead of a neutral third party.
4. Giving you ONLY one minute is expressed prejudice and grounds for an appeal
5. Records cannot be removed from a computer and given to a judge. The judge would recieve certified COPIES of the records.
6. Unless you are a moron and have irritated everyone in the town with loud whining and clumsy actions, you have grounds to blow this open.

You need another attorney and then let him/her handle this.

Just remember this. If the estate is small, the lawyers–even the good ones if you should find one (lots of luck) will eat the money up and no one will have anything.

What steps are required to obtain a court order establishing marital status at the time of my husbands death?

March 15th, 2011 4 comments

My mother-in-law misinformed the funeral home by stating on my husband’s death certificate that we was divorced. We are not on the best of terms and she refuses to go to the funeral home and sign a request to amend the death certificate. She is doing this out of spite because my husband and I were separated (he was a violent and abusive alcoholic). and he was living with her at the time of his death. I am sorry, but my son’s safety was my #1 priority. It was not a healthy environment for either my son or myself.

I was just contacted by the Motion Picture Industry Pension and Insurance Dept. that they are holding money that I am entitled to claim as his surviving spouse. Unfortunately, I need to get the death certificate amended to reflect that we were married at the time of his death. The Office of Vital Records suggested that I contact the court and request a certified copy of a court order establishing our marital status at the time of my husband’s death. It also said that I may want to contact an attorney. Unfortunately, I am a disabled widow on SSI and can’t afford to pay an attorney for advice. I’m sure that once I know where to go and what to do that I can fill out and file the necessary documents.

Please help me with as much information as possible to enable me to complete this task without the need for a lawyer. I live in Porterville, California and need to know which court to contact to accomplish this task.

Thanking you in advance for your most valuable time and assistance.

http://www.cdph.ca.gov/certlic/birthdeathmar/Pages/CorrectingorAmendingVitalRecords.aspx
1-800-735-2922
1-888-877-5379

I was wondering if I had a case or lawsuit against nyc or something?

June 3rd, 2010 11 comments

I was wondering if I had a case or lawsuit against the Bronx District or new york city for the death of my father. Approximately two years ago, someone attacked my father and the trauma to his head resulted in his death. This person was on parole and had killed three people prior to my father and I was shock to know that someone with such a record was out in society. He should have not been out of jail. Do you think I have a case against Bronx County for having this guy out on parole?against the Bronx District County or newyork city for the death of my father. Approximately two years ago, someone attacked my father and the trauma to his head resulted in his death. This person was on parol and had killed three people prior to my father and I was shock to know that someone with such a record was out in society. He should have not been out of jail. Do you think I have a case against Bronx County for having this guy out on parol? please help

You should consider bringing legal action against either the state (it’s not the city that is at fault, it’s the state) or the parole board, in order to bring attention to the case. This definitely shouldn’t have happened, considering the inmate’s history. Your family may be entitled to money to compensate you for lost income and hospital bills. Yours is one of the few cases where a lawsuit is definitely justified. Go speak with a reputable lawyer to find out which options you have. If you can, try to avoid settling in exchange for keeping quiet — you want to get your story told, to let the public know what happened in order to pressure the system into changing.

I’m sorry for your loss. I hope that you’ll be able to take action against the parole board and/or state, and hopefully help to prevent something like this from happening to another family.