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Recent Legal Answers from Lawyers

Recent Legal Answers from Lawyers

Do I need to file 1099 form for active foreclosure? No sale date.

Answered 14 hours ago by attorney Michael D. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
Who are you in the whole deal?  A borrower never files a 1099.
Who are you in the whole deal?  A borrower never files a 1099.
If the person is in New York, New York law applies and you sue in NY.  But the statute of limitations is six years, so you are potentially out of time.  Move ASAP.
If the person is in New York, New York law applies and you sue in NY.  But the statute of limitations is six years, so you are potentially out... Read More

Attorney Client Stealing

Answered 15 hours ago by attorney Bruce Robins   |   1 Answer
It is the firm that is representing the client, not any individual attorney, and the firm would continue to represent the client regardless of which associate is primarily responsible for a given matter.  Thus, there is no professional ethics problem in the second attorney handling the new matter for the client.  However, that doesn't mean that the first attorney would like it or the firm would allow it.  The second attorney may be compelled by the rules of the firm, or his own loyalty, to get the firm's and/or the first attorney's permission before handling the matter for the client.... Read More
It is the firm that is representing the client, not any individual attorney, and the firm would continue to represent the client regardless of which... Read More
The other side made an offer that was open until February 2, which you could have accepted by delivering the signed contract to them on or before 2/2.  On February 9, the offer was no longer open.  By signing on 2/9, in effect you made an offer to the other party, which they could then accept or reject.  If they did nothing to indicate their acceptance, there is no contract.  If they accepted the signed contract however, even though it was signed late, a new contract was formed.... Read More
The other side made an offer that was open until February 2, which you could have accepted by delivering the signed contract to them on or before... Read More
You can be sued regardless of whther you were criminally charged.  You can win if you have a legal defense (for example if the statute of limitations has run out) or if the finder of fact (judge or jury) believes you rather than her.  Your wife cannot be compelled to use her separate assets to satisfy any judgment against you, but I am not sure if California (which is a community property state) would consider your wife's assets as her separate assets; you should speak to a California attorney or accountant about that.  You have no claim for slander for statements made in the context of the legal proceeding, as such statements are pretty much completely privileged, but may have a claim if the person knowingly published (i.e. knowingly communicated to a third party) a false statement about you outside the context of legal proceedings.... Read More
You can be sued regardless of whther you were criminally charged.  You can win if you have a legal defense (for example if the statute of... Read More
Hello Tom, I'm sorry to hear about what happened to your wife. It very well may constitute malpractice. Her medical records need to be reviewed to determine if under the circumstances, was discontinuing anti-coagulant medication a breach of the medical standard of care and if that directly caused her serious injuries. Reach out for consultation quickly. Notwithstanding some exceptions, the Statute of Limitation can run as soon as 2 years from the injury.  ... Read More
Hello Tom, I'm sorry to hear about what happened to your wife. It very well may constitute malpractice. Her medical records need to be reviewed to... Read More
It really depends on a number of thing but to directly answer - if the victm does not show up it is likely the DA will dismiss the case. But they have the ability to subpoena her for the trial and force her to show up or she could get arrested for not showing up. Also, they can, at times, proceed without her as a witness.  I would not count on winning by her not showing up. ... Read More
It really depends on a number of thing but to directly answer - if the victm does not show up it is likely the DA will dismiss the case. But they... Read More
That sounds very fishy. It is based on the coveture fraction. Whatever the % listed in the Final Judgment controls. Is he receiving disability or a VA Waiver? That would affect your distribution. 
That sounds very fishy. It is based on the coveture fraction. Whatever the % listed in the Final Judgment controls. Is he receiving disability or a... Read More

Do I have a case

Answered 19 hours ago by attorney Stephen A. Black   |   1 Answer   |  Legal Topics: Wrongful Death
yes you may nave a case. Discuss in private with counsel. 
yes you may nave a case. Discuss in private with counsel. 
Unfortunately without a little more information it is difficult to answer that question.  The broad answer is that when someone is arrested, the magistrate assesses whether they are a candidate for bond/bail.  That is dependent on the charge, their record, and the law.  If the magistrate denies bail then an attorney representing them can file for a bond hearing in the appropriate court.  ... Read More
Unfortunately without a little more information it is difficult to answer that question.  The broad answer is that when someone is arrested, the... Read More