Questions answered by Mr Craig Brownell
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I am being sued for pleading of judgement for a credit card balance......what does this encure and do I need an attorney....What happens in these cases..can your house, car or bank account be taken? I live in north Carolina?
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| Question found in Business & Economy In General |
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If the amount falls below the threshold for conciliation court, $4,000 in North Carolina, you MAY need an attorney for advice and assistance, but probably not to actually represent you in court. The attorney may be able to point you to a credit counseling service that can have the suit dismissed and, possibly, even have the amount reduced in exchange for FIRM repayment arrangements.
These folks do not want to make your life miserable, they only want their money. The easier you make it for them to get paid, the more likely they are to work with you.
Here is a link to an informational page on Small Claims Court in North Carolina: http://www.aoc.state.nc.us/magistrate/small_claims.htm
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Can some body help me please? I've been getting a constant pain in my right shoulder and blade and it's going all the way down my right arm to my wrist, and when I move my head towards my right shoulder I get a burning feeling in my neck. I've been to an orthopedic clinic today, and he said it could have something to do with the spine, it's just the pain is killing me and never goes away even when I'm taking pain killers. please help me I'M AT MY WITS END.
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| Question found in Personal Health Issues |
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It probably wouldn't hurt to find a REPUTABLE chiropractor for an exam. Please get recommendations, though. The simpler, the better. Simple exam, perhaps including some X-rays, and some reasonably painless manipulations may correct the problem in fairly short order without pain pills or surgery. Give it a shot, it couldn't hurt and may relieve your symptoms fairly quickly.
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My daughter, who's 17, got pregnant by a 15 year old who had been involved with drugs and has a police record. What rights will he he have? She is planning to put his name on the birth certificate against our wishes. We want her last name to be the infants last name.
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| Question found in Legal Other |
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First of all, the disparity in their ages could be enough for criminal sexual assault charges. Unfortunately, they may be against your daughter because she is the older party. It will depend on the wording in your statutes, some favor "female as victim", some are genderless.
His rights? He is the legal father of the child. If he presses the issue, he may be allowed visitation rights. Perhaps, supervised because of his age and history.
Secondly, he may be subject to pay child support. Especially when he attains age 18. Putting his name on the birth certificate and obtaining DNA proof of fatherhood will help in this. The baby can have its mother's last name if she is unmarried, it's her choice. You do not get a vote, all you can do is attempt to influence her.
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Our daughter is getting married Aug. 17,2007, all plans have been made money paid out and all of a sudden the groom to be wants to postpone everything. He states he still loves her but is no ready. At times he talkes as if things are still moving forward then back to I am not ready. My wife and I are at a point because of pay offs to venders and lots of other things involved such as final fittings, guests from out of town. We need some kind of answer but the groom to be will not give anyone a answer. What the hell should we do?
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| Question found in People & Relationships In General |
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Cold feet are not unusual. This is the first real test of both parties' commitment to the relationship. The families, especially those with financial interests, are always in the middle. Weddings are times of great joy, often preceded by times of great stress.
His indecision could be simple "stage fright" regarding the formalities or it could be more serious; "am I ready for marriage, to her, right now", etc. Your financial commitments should not be subject to others' indecision. If he cannot overcome his reservations about marriage, his husband potential is in serious doubt. This is for the rest of their lives and they will face many tougher problems together.
Mom and dad should sit down with daughter for a serious heart-to-heart conversation. Today would be best. At the outset, express your love and support. Conclude with, "Until we are absolutely confident that your husband-to-be has reached a firm decision, we are suspending our plans."
Keep it short and sweet. It has to be ABUNDANTLY CLEAR that you are handing the ball to her and suspending your plans. Once she expresses that he is committed, you need to sit down with both of them for "the plans". While doing that, WATCH HIM. If he shows any signs of second thoughts, you have to have "that talk" with your daughter again. They are about to become responsible to and for each other. There is no time like the present to see if that is workable. The outcome, either way, will be a good indicator of their future together. If they cannot be on the same page with wedding commitments, investing in their future as a married couple is risky for you.
Perhaps one suggestion might be for them to officially marry in a private ceremony. Just them, the witnesses and, perhaps, parents. Once the marriage is officially sealed, you will have the commitment necessary to plan the formal celebration.
Good luck!
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My son was hopping around in class and told to sit down. On his way back to his seat, his foot got caught in the television cart and the television fell down onto his foot. Now the school wants me to buy a brand new television for them. What should I do?
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| Question found in Miscellaneous |
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You neglect to say where you live or how old your son is, but this would not be unusual behavior for young children. Especially boys.
I would suggest to the school that your son's behavior was ordinary, especially for boys, and merely resulted in an accident that is not beyond what might be anticipated for that age range. Perhaps they should have taken more precautions to secure the television under circumstances such as these. The school is, allegedly, expert in dealing with children and cannot legitimately claim ignorance on their part. They are running a school that deals with CHILDREN.
It is unlikely that they will prevail in a court case in the U.S. unless they can show that your son's destruction was deliberate.
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I have not received a response. Please advise. As a limited conservator with the power to control the residence or dwelling my disabled son lives in. Am I also responsible for the damages he does to the property? Is there a code I could look into?
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| Question found in Miscellaneous |
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Where is this? (U.S., U.K. Tibet, New Zealand, Timbuktu?)...laws vary.
Limited conservator by what authority and what is your authority?
Responsible for damages...are you a signer or guarantor on the lease? Indemifier? How do you fit in, legally, with his tenancy?
Code? What country? What state? What, what, what?
You know where you are, but this is an INTERNATIONAL web site. We cannot see you, we cannot read your mind, we cannot understand the situation by reading tea leaves. You have to provide more detail if you want a comprehensive answer.
Sorry.
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This is a pregnancy question...my cycle is regular. 10 days after my cycle started in June I started spotting. I assumed it was implantation bleeding. I tested and received 8 positive tests in 4 days. I tested again 3 days later and received a negative. Went for a blood test 2 days later and found out it was negative. Dr. says I was never pregnant. I feel I suffered a very early miscarriage. My cycle this month started 8 days early. Something is going on. Can you help?
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| Question found in Pregnancy |
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It sounds as if a miscarriage is possible. Pregnancy tests, even those performed by a physician are not often reliable before 4-6 weeks.
Even if you had implanted and miscarried this early, it is unlikely that a physician would be able to definitively determine that you had been pregnant without a surgical inspection and even that might be speculative at best.
If this is a single incident, it happens. If this is a routine situation and you are trying to get pregnant, you might wish to consult a fertility specialist.
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If our neighbors have made it so we feel unsafe in our own home, can the landlord sue them if we move out?
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| Question found in Human Rights |
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This will depend upon where you live, the statute law and case law in your area, tenant law, landlord law, harassment and "quiet enjoyment" law, trespass and myriad other laws customs and practices in your area. YOU DID NOT SAY WHERE YOU LIVE!
It would be a bit easier to give you a comprehensive response if you would simply state where you live and, perhaps, a bit more detail about what you actually mean by "made it so we feel unsafe". This is so vague that it could mean anything from "nasty looks" to "kicking on our door".
Please ask your question again, but include some pertinent detail. You know where you are, we don't. You know the situation, we don't. Try to find the words to express the whole situation and we will try to help you.
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My husband was divorced in England and ordered to pay support via the courts until the children were 17. He lives with me in Florida and and his ex wife now lives in NY. He has always paid her more than the court order. The youngest is now 18 and out of school. According to his divorce papers he is no longer responsible for payments. Does she have any legal rights to take this court order to a lawyer in NY and have a new court order drawn up to get additional child support per laws in NY?
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| Question found in Legal Other |
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Probably not.
She will pay a lawyer and probably collect nothing. The lawyer cannot collect anything from your husband, so she will be on the hook for the legal fees.
Lack of standing means that she does not have the legal capacity to file for support on behalf of minor children (who are no longer minors) if all support arrangements have already been satisfied. U.S. courts are very unlikely to re-open foreign dissolution/support arrangements and try them anew simply because the litigants have relocated. If the children are all over 18, this usually makes it a slam-dunk.
If she files, she is unlikely to find sympathy with a U.S. court. If the U.K. order expired as each child reached age 17 with no post-secondary or special needs provisions, U.S. courts are unlikely to extend the order of a foreign court without a de novo (new) hearing. As the children are all now over 18, this was originally a U.K. decree and she accepted it, a de novo hearing is unlikely to be opened.
A totally unrelated issue arises if your husband wishes to be the childrens' father. At 18 in the U.S., his children can enjoy unrestricted access because his ex can no longer prohibit contact; they are adults now.
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My fiancee's name and my name is on the title of our manufactured home. We live in this home together. Both of our names are on the insurance policy as well. Can he remove my name without my permission?
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| Question found in Legal Other |
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If your name is on the title or other official evidence of ownership, he cannot have it removed without your permission or a court order.
Save any and all receipts and other documentation that will substantiate your ownership interest. Canceled checks, payments to him, etc. Put them where they are secure and not accessible to anyone who might have a reason to destroy them.
Comments :
Thank you for responding so quickly to my question. I appreciate your professionalism and I would certainly recommend this site.
Thank you again.
Very Sincerely,
Denise Pribe
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