Browse through our library of lqa's(legal questions asked) below and see the answers that have been presented by our very own expert from Blue Collar Lawyer, llc.
| Expert Answer: | |
| It is my understanding that before an adoption can be accomplished, you would need to terminate the parental rights of the father, regardless of whether he has been involved in the child's life up to this point or not. In the case of a missing dad (no one knows where he is) there has to be published notice in order for the Court to gain the jurisdiction necessary to terminate his parental rights. If the father can be located, then he, too, must either sign away his parental rights or have them terminated in Court. There is a statutory proceedure that has to be followed for the published notice to work on a missing dad, then the termination of his parental rights. The mom can sign papers giving up her parental rights, and that procedure is also one that has to be finally ordered by the Court. Once the parents have both had their parental rights legally terminated, then (usually at the same time as the termination procedures are done) there has to be a separate third Court procedure for you to adopt the child. So the adoption takes three Court procedures, even if mom is willing. It certainly can be and has been done, but it takes a good while and is relatively expensive, because the kid has to have a lawyer Guardians ad Litem appointed to represent him or her in the three separate Court actions, as probably would the missing father. So there would be three lawyers involved, and the termination of parental rights actions might also involve the Children's Division of Missouri social sevices, too. In my estimate, as long as there were not any snags and all went along uncontested, it will take a minimum of three months and could take much longer. The cost would be at least $2000 for me and several hundred for each of the GAL's, so a total of $3500 would be the minimum in a best case scenario. If you have further questions, just let me know. Blue Colllar Lawyer |
| Question: | Date Submitted: 2/27/2013 | |
| What do I do if I have a Divorce Decree that my ex is just not doing? He keeps his times with the children, but refuses to pay all his child support. | ||
| Expert Answer: | |
| You can file a Motion for Contempt, which is a motion for the court to see if he's not complying and if not, then to make him show cause why he should not be held in concempt. IF he is found in contempt, then the court can do anything, fine him, put him in jail, lots of different things to make him live up to the terms of the Decree. Unfortunately, you have got to have an attorney to help you with this. BCL |
| Question: | Date Submitted: 11/14/2012 | |
| How old does a child have to be before he or she can decide where they live primarily? | ||
| Expert Answer: | |
| There is not a set in stone answer to this question. Courts vary, but in general a child under ten will not be interviewed by the judge and between ten and the age of majority, the relative maturity and intelligence of the child (the ability to reveal the truth and understand being under oath) matters as much as which judge is hearing your case. Some say the majic age is 14, but this is not the law, just a general guideline. The bottom line is that involving the child in court action directly traumatizes the child and is a bad experience and should be used only in the most serious circumstances (such a child abuse). The best thing you can do for the child is work something out that both parents can live with and stick to that, so the child has some sense of continuity. |
| Expert Answer: | |
| At least you are considering the child. That is more than alot of parents in your situation do. I assume that there is no formal court order, or things would be more equal, so I guess we need to start from scratch. The precedent you have apparently set is one that you have the majority of the child's time and life; and mom is a visitor, only because you are allowing her to get these visits with your transportation. Sounds like mom doessn't have the proverbial pot to pee in, so that should be a consideration before you go to court and get things formalized. If she has nothing, you can't get her to pay anything. You didn't say how old the child is, but in most situations a court will insist on both parents having "significant contact" with their child. Typically, the cost of achieving this contact or visits is split down the middle between parents, but in this case I get the feeling she's not gainfully employed and therefore she is what we in the biz call 'judgment proof". In other words, she couldn't help with the transportation costs if she wanted to. I guess overall, if I were you, I doubt I would be willing to go through the trauma and cost of court proceedings that might get a judgment against her for half the transportation costs that she's not going to pay anyway. It sounds like you are the primary physical custodian, legal speak for the parent with the child most of the time, and that this isn't in danger of her messing with it because she doesn't have any means to go to court against you. Are you sure you can't just suck it up and pay for her visits? Do you want to get a court involved that might give her more time with the child? Think on these things and get back to me. I wouldn't worry about setting a precedent of paying for her visits, and if her ship comes in so that she is able to pay for the visits, then expect her to do so. Keep putting your child first. Court proceedings will do nothing but upset him, no matter how old he is. If you take the harsher stance, she may be forced to try to get you in court to let her see her child and the court will want both of you to have "significant contact". Hope this has clarified some of this for you, if you have other specific questions, let me know. BCL |
| Question: | Date Submitted: 9/18/2012 | |
| Why can't my ex husband be made to do the things in the divorce decree and parenting plan, he seems to just ignore them and do what he wants? | ||
| Expert Answer: | |
| There are ways to force compliance with court orders, one is to file a Motion to show cause why he shouldn't be held in conempt for ignoring the order, and another is a Habeus Corpus motion to produce the kids if he's not returning them after a visit, but both of these require attorneys and are not cheap. It is best to try to work things out with him so you all can cooperate in raising your children. |
| Question: | Date Submitted: 9/13/2012 | |
| What is the highest amount of a judgment in small claims court? | ||
| Expert Answer: | |
| $3000, but the case can be bumped up to associate circuit if any party so moves and the only ones that get any benefit from going up are the lawyers, unless the facts are undisputed. |
| Question: | Date Submitted: 8/28/2012 | |
| I have had an accident where my car was damaged for an estimated $2,000 and my insurance company says they are not paying, what can I do? | ||
| Expert Answer: | |
| Depending on what your insurance policy says, you may have a claim you could take to the Small Claims court. Most insurance policies have deductibles, some as high as $2,000. Read your insurance policy and ask your insurance company for a written explanation of why they believe they should not pay. If the policy doesn't exclude them from paying, you may have a case. |
| Question: | Date Submitted: 8/28/2012 | |
| My boss said that if I had a weapon concealed on me at work I would be fired, even though I have a concealed firearem permit, is that legal? | ||
| Expert Answer: | |
| Missouri House Bill 1621 provided that protection from discrimination based on using a firearm leagally or having a permit to carry concealed firearms. I don't know if it has passed and been made law or not, but it passed 12 - 0 in a vote in the House of Representatives in April 2012. |
| Question: | Date Submitted: 8/24/2012 | |
| What can I do if my son, who is underage, is drinking alchohol at the house of one of his friends when their parents know all about it? | ||
| Expert Answer: | |
| There are criminal laws against supplying miinors with alcohol, so if they are caught in the act there could be criminal penalties, but there is no Missouri provision for civil liability against the parents allowing the drinking at their house. In a late case where a 16 year old was killed while drinking at a friend's house, his parents tried to sue the friend's parents for allowing the drinking in the firsst place and lost. This case is being appealed. |
| Question: | Date Submitted: 8/24/2012 | |
| I am getting trouble at work, what is harassment and what behaviors does it cover? | ||
| Expert Answer: | |
| Repeated unwanted sexual advances, or any other series of acts with the purpose to frighten, intimidate or cause emotional distress to another person, are generally considered harassment. |
| Question: | Date Submitted: 8/22/2012 | |
| If I go bankrupt, what debts do not get discharged if I file a chapter 7 and it is granted? | ||
| Expert Answer: | |
| Student loans and tax debt. |
| Question: | Date Submitted: 8/22/2012 | |
| If I have no written lease and my landlord tries to kick me out, how soon can he make me leave. | ||
| Expert Answer: | |
| The statutes say thirty days but in order to get an execution (sheriff putting you out literally) the landlord needs to file an eviction which would take around 60 days to finalize and to get the sheriff of the county you live in involved. So practically you would have longer in all likelihood than the thirty day statutory notice peroid to find alternate housing and move. Alot depends on how fast the landlord can get an eviction through the courts, but even the fastest would probably need more than thirty days. Without a court order, a self help eviction (the landlord putting your stuff on the curb) would be illegal and if he or she tries to do this, you need to call the police or the sheriff. |
| Question: | Date Submitted: 8/21/2012 | |
| What happens if my deed to my property says I own some land that my neighbor's deed says he owns? How do we fix this? | ||
| Expert Answer: | |
| There is an action in court to quiet title in one of you or to draw the correct boundary line. This is a relatively expensive action because a survey must be done and paid for, and all parties potentially interested in the land in question need to be made parties to the court action. Necessary parties include the record owners and all heirs, successors and assigns, and each of these parties, whether they have a current interest in the land or merely an expectancy or possible future estate have to be served with process in the suit so that the judgment, when it is issued, binds all parties and is a final judgment. Another way to go is for you to ask the court for a declaratory judgment. I would suggest that you and your neighbors work out some sort of agreement before the court action is started to keep costs and legal fees down. |
| Question: | Date Submitted: 8/21/2012 | |
| What can I do if there is a parenting plan that says one thing, and my X refuses do what the plan says? | ||
| Expert Answer: | |
| There is a court procedure that is called a "show cause" where the motion asks the court to find the one not complying with the parenting plan in contempt of court, with a range of penalties from fines to reduced visitation. There are other ways to compel compliance with divorce decrees and parenting plans, but the "show cause" motion is the most common. |
| Question: | Date Submitted: 7/27/2012 | |
| How do I know how much child support I should be getting from my X when I have our three kids most of the time? | ||
| Expert Answer: | |
| Look under "Missouri Child Support Guidelines Form 14" on the computer internet and you will see a worksheet for figureing the amount of support you should receive. There also is a schedule of the presumed amount of support that is appropriate for any number of kids versus any amount of income earned by the paying parent. The Missouri Form 14 and the Schedule, when worked out correctly, using all the guidance provided in the explanation section of Form 14, should give you a presumed correct amount to be paid weekly. When circumstances dictate, the Divorce Decree and Judgment can depart from the presumed amount of child support, but this departure has to be supported by evidence, such as more close to equally shared time between parents versus the every other weekend standard visitation plan, or such as the primary custodial parent earing a great deal more money than the paying parent, or other satisfactory evidence that the form 14 amount in unjust, or departure from the presumed amount is justified. |
| Question: | Date Submitted: 7/27/2012 | |
| How do you go about getting the boundaries between neighbors set when the legal descriptions in the deeds they hold are contradictory, or overlap each other? | ||
| Expert Answer: | |
| There is a court case called a Quiet Title/Declaratory Judgment action that asks the court to declare the interests of the parties to the suit. There is usually a surveyor hired to survey the properties to guide the court in setting the correct boundaries, which survey is paid for in equal shares by the landowners that are effected by, or benefitted by the Quiet Title/Declaratory Judgment suit. The court can be creative in its remedies in these kinds of cases and sometimes the court can force a sale/auction of the disputed property with the proceeds used to pay for the survey. Many times these cases are settled by negotiation and new deeds are drawn that show the corrected boundaries by the agreement of the parties, which are submitted to the court for approval. If an agreement between the parties is reached, the court rarely fails to approve the documents that "legalize" the agreements of the parties as to the new permanent boundaries. |
| Question: | Date Submitted: 7/18/2012 | |
| How old does a kid have to be before the court will let them choose their own primary physical custodian or which parent to stay with? | ||
| Expert Answer: | |
| There is no set age for this to happen, it varies from kid to kid. If the young person is mature enough to make an informed decision, and is going one way or another based on valid considerations and good reasons, a child as young as ten may have some evidential weight. Fourteen has been said to be the magic age, but if the child is fourteen and does not have good reasons for wanting to go with one parent or another, the Court may go against her/his wishes. The bottom line is that the court will place minors with the parent that will serve best the interests of the child. |
| Question: | Date Submitted: 7/18/2012 | |
| What can I do if I have a divorce decree that says my EX has to do something but she doesn't do it? | ||
| Expert Answer: | |
| The remedy is a Show Cause Order, so that the EX has to show cause why he/she should not be held in contempt of court for failing to abide by the temrs of the divorce decree. |
| Expert Answer: | |
| I suppose the system is similar to the car insurance system, which raises rates on the insured when accidents happen, regardess of fault. (At fault accidents cause a larger increase) I don't know how you know that they used your social to find out about your claims history, but basing insurance prices on claims history in all categories of insurance coverage has been part of the business as long as insurers could discover what an applicant's claim history is. I have to admit that I don't consider insurance history to be protected knowledge or information like medical information and history. The difference between a "liability" claim and a "damage" claim is not apparent to me. To find information about what is being reported in your insurance claims history, I would talk to the various representatives you have spoken to, asking them specific questions about how they have arrived at the quotes you get. I doubt that you would be able to access insurance industry information without the help of an insurance provider, and to change the description of any given claim would be up to the insurance provider you might be considering for coverage. The fact is that if you have made any insurance claim in the past, it is statistically far more likely that you would have or assert another claim in the future is going to be considered in determining how much premium you will pay. If you can prove that the companies shared your SSI# without your permission, you might be able to take a complaint to the Better Business Bureau, or some other consumer advocacy group. |
| Expert Answer: | |
| Premises liablility, the law of what duty the owners of premises have to their invitees or people they want to come, like customers, is based on whether and how well the owners warn the invitees of any dangerous conditions on the property. Since you said that they did have a sign up, a jury would possibly find that you were warned of the danger of a slippery floor, so that Wally World had no further duty to you. Pain, which is notoriously subjective, generally will not support a jury award. Because of this, attorneys will not take cases based only on pain. Unless you are able to see a doctor, and that doctor states "with a reasonable degree of medical certainty" that you have significant injury or injuries resulting from your slip and fall at Wal Mart, there is little chance you will be able to secure legal help to proceed on your claim. Even if you are able to get medical help and a diagnosis, the fact that a sign was up may be evidence that Wal Mart did all it needed to do to warn you and therfore is not liable to you for the slip and fall. I hope you recover fully and am sorry I can't give you a better forcast. |
| Question: | Date Submitted: 6/29/2012 | |
| How would a life tenant of real estate improved with a house evict persons who had only the remainder of the life estate? | ||
| Expert Answer: | |
| File an action in Ejectment against the remainderman. |
| Question: | Date Submitted: 6/29/2012 | |
| How long must land be controlled by a person before it becomes the property of the person controlling it? | ||
| Expert Answer: | |
| Ten years or more. |
| Question: | Date Submitted: 6/14/2012 | |
| Can I adopt the child of my significant other if his natural mother has been out of the scene for many years? | ||
| Expert Answer: | |
| It is possible, but first the natural mother's parental rights would have to be terminated, and if she wanted to fight this happening, she can make it a long drawn out process. If and when the natural mother's parental rights are terminated, then you would have to petition to adopt the child yourself, which is another court proceeding that should not be as lengthy or expensive as the termination of mom's parental rights. If the natural mother fights having her parental rights terminated, and begins to see the child regularly and contribute to the child's welfare and maintenance, the court would probably not terminate her parental rights and no adoption could be had. If natural mom has left the scene and noone knows how to get in touch with her, and she's had no contact with her child for a year or more, you can ask the Juvenile Officer for the Court in the county the child lives in to petition to terminate her parental rights, serving her with process by publication. This is done only in the case that the mom seems to have no desire to maintain contact with her child, and the Division of Children's Services usually has to be involved, as well as the Juvenile Office. |
| Question: | Date Submitted: 6/13/2012 | |
| How does one "cut out" a relative from one's property upon death. | ||
| Expert Answer: | |
| Of several ways to cut out a relative to make sure that they don't get anything when you die, the easiest is to non-probate transfer all your property to other parties. Another way would be to leave them out of the will, if you have a will, but you have to mention their names and state that your intention is to leave them out, for the will method to work. Another is to fund a Testamentary Trust with property you own at your death, and by the terms of the trust leave all property to other parties, or specifically leave out the one you don't want to take, or both. |
| Question: | Date Submitted: 6/13/2012 | |
| What can you do if an ex parte order of protection is make permanent, and yet the party the order is against continues to harass the protected party. | ||
| Expert Answer: | |
| Depending on what the protective order says, the party the order is against may have a right to be around, just not to interact with, threaten or be on the property of the protected party. If the party the order is against continues a pattern of harassment and/or stalking, the party with the order should make a journal of all times and places and manner of violation by the restricted person, and gather as many third party witnesses as possible to sign statements as to their witnessing the restricted party not being stopped by the protective order, and as a last resort, call the police or sheriff's department, having the witnesses and journal of the defendant's behavior available to show and tell to any responding officer. |
| Question: | Date Submitted: 6/13/2012 | |
| What is it called when the bank is going to foreclose your house but agrees to accept what they can get for it instead? | ||
| Expert Answer: | |
| Generally, this is called a "short sale". This is when the bank that holds the mortgage agrees to let the owner sell the property for an amount below what is owed on the property, usually forgiving part or all of the deficiency, or difference between the amount owed and the sale price, which deficiency would normally be owed by the seller. It is done to avoid going through costly and timely foreclosure procedings, and to help out home owners whose property has devalued to the point that more is owed on the property than the property is worth ("underwater mortgage"). |
| Expert Answer: | |
| I suppose that the divorce decree gave the house to your friend, it usually gives the property to the one paying for it. If this is the case and she's just staying despite what the decree says, you should contact the County Sheriff's department, give them a copy of the Divorce Decree and ask them to help. If they won't help, you can file in court for an eviction order that the sheriff would supposedly have to follow. I would have to do some research to be sure, but I think the eviction order would follow the same kind of rules as an eviction of a tenant from rental property. I would like to look at the divorce decree and maybe cut a letter to the sheriff about evicting her if that's what the divorce decree says. I could do that for $100. IF the decree doesn't clearly say he gets the house and we have to do a modification of the decree to include the house, it could cost several hundred dollars or more, if she fights with an attorney of her own. If the decree says he gets the house and the letter to the sheriff doesn't work, the eviction proceeding would probably cost less than $5oo. Let me know if you have further questions, the Blue Collar Lawyer, LLC. |
| Question: | Date Submitted: 5/18/2012 | |
| If I want something I own like a gun to go to a certain person after I die, how do I do it? | ||
| Expert Answer: | |
| There is an instrument (legal document) called a Transfer on Death designation by which personal property like a gun or a certain piece of jewelry can go to another after the death of the owner without a court hearing or intervention. It consists of a list of what property is wished to be transfered after death, specifically described so as to be no dispute as to what property is concerned, in a notarized statement by the giver stating that he or she wishes the property to be transferred upon her or his death to the beneficiary. |
| Question: | Date Submitted: 5/15/2012 | |
| At what age can a minor child determine with which parent he or she will live? | ||
| Expert Answer: | |
| The Court is always the final authority on who minor children reside with, but the court may take into account the preferences of the minor child when the child is preteen, depending on how mature the child seems to the court. Once the child reaches early teens her or his preference would always be a factor in the Court's decision, although it wouldn't be the only one, and other factors, such as relative fitness of prospective parents would probably carry more weight. This question is dealt with differently by different judges, with the primary custody going to the parent or person who would, in the court's opinion, be best for the child. |
| Question: | Date Submitted: 5/15/2012 | |
| What does the GAL in an adoption do? | ||
| Expert Answer: | |
| The Guardian ad Litem is appointed by the Juvenile Court to look solely to the minor child(ren)'s interests. This is an attorney to represent the kids to make sure that the kids' best interests are served by the proposed adoption. |
| Expert Answer: | |
| When minor children are involved, everyone would rather be safe than sorry, so just one incident of domestic violence, or drug use or association would probably lead to Childrens' service taking temporary custody. If there is a relative available who is not involved in the things that got CS going in the first place, the Service or the police might place minor kids with the relatives rather than strangers, until the appropriate home study can be done. Anything that could concievably be a danger to the minor kids will usually result in them being removed, at least unitl things are checked out pretty closely. |
| Question: | Date Submitted: 5/14/2012 | |
| Why is Children's Services involved with my family, I didn't ask them to interfere? | ||
| Expert Answer: | |
| Children's services gets involved in custody of a minor (under 18) child if they think that the place the child lives is unfit or dangerous to the child. If the police come to a house and find that domestic violence has happened or that drugs were or had been there, minor children usually are placed in the temporary custody of Children's Services, until the home can be studied to make sure that the minor children are living in a healthy and safe environment. To answer your question, for CS to become involved, there had to be evidence that something about the home was bad for the kids, and until this is proven incorrect and that placement is found to be safe and healthy, CS will take temporary custody. |
| Question: | Date Submitted: 5/8/2012 | |
| Why does there have to be a GAL (Guardian ad litem) in my divorce case? | ||
| Expert Answer: | |
| In most cases, a GAL is appointed if the matter of custody/visitation of minor children is contessted or not agreed to by the parties to a divorce. If the parties agree to a parenting plan they devise and show to the judge for approval, she or he might not make a GAL for the children mandatory, but in most cases the judge appoints the GAL as the minor child(ren)'s lawyer to see that the best interests of the minors is considered. |
| Question: | Date Submitted: 5/5/2012 | |
| Is it legal for me to shoot a turkey in season from my boat? | ||
| Expert Answer: | |
| Yes, so long as the motor, if any, is shut down, and all forward progress from the motor has ceased. It is legal to lake game from a canoe, kayak or other unmotored boat. |
| Question: | Date Submitted: 5/4/2012 | |
| How long does it take to probate an estate and how much does it cost? | ||
| Expert Answer: | |
| The time it takes for an estate to be probated depends on what and how much property is in the estate. The procedure is goverened by the Missouri Statutes, and if real estate is part of the estate, the final distribution may have to be delayed until the real estate is sold at a price that is deeemed fair market value by the probate court. The cost of probating an estate is also governed by Missouri statute, with court costs, attorney fees and executor's fees all being deducted before final distribution to the beneficiaries/heirs of the decendent. |
| Expert Answer: | |
| An Executor must gain the permission of the probate court before selling any property owned by the estate of a deceased person. If the decedent had a will and the will gave property to certain persons, then the Executor has a fiduciary responsibility to those persons/ beneficiaries to act upon the estate's property in the most financially beneficial manner. When the person dies, the will usually appoints an executor, who, in cooperation with the probate court, helps see that the estate properties or proceeds of the properties go to the correct beneficiaries, named in the will. If there is no will, and you have been chosen as executor, there is a statute that governs who is entitiled to what of the decenent's estate. So, the executor's job/responsibility is to manage the property in the estate of the decedent in conjunction with the probate court, so that the best interests of the beneficiary(ies) is/are served. If, in the probate court's opinion the property should be sold and the proceeds used first to pay costs of the estate being probated, then the remainder to be distributed to the heir(s), then in that event the executor will be given permission to sell the property before final distribution of the decendent's estate, but the proceeds will continue to be owned by the estate. If you have any further questions about this, please feel free to follow up. BCL |
| Question: | Date Submitted: 4/19/2012 | |
| Who can serve papers on someone to file suit and can they serve you at work? | ||
| Expert Answer: | |
| A sheriff's deputy or the sheriff usually serve papers for civil suits and papers for warrants, but for civil suits, you can file a motion with the court to appoint a special process server (maybe a private investigator) that will do a more thorough job of tracking down the defendant and serving him or her. Suit can also be served by publishing notice of the lawsuit in a local paper four weeks in a row, but this type of service by publication does not support a judgment for money damages. |
| Question: | Date Submitted: 4/19/2012 | |
| What is a "Short Sale"? I am in default/behind on my mortgage payments and I have seen this term used in the foreclosure context. | ||
| Expert Answer: | |
| A short sale is selling your home for less than the amount owed on it, with the bank holding the mortgage agreeing to take the sale proceeds as complete satisfaction of your higher mortgage debt. The bank/mortgage holder agrees to accept an amount short of the whole principal balance of the mortgage, in effect, getting what they can out of the house without foreclosing and having to sue the mortgagee for any deficiency or balance left after the sale proceeds are applied to the original mortgage principal balance. |
| Question: | Date Submitted: 4/19/2012 | |
| Where can process or suit papers be served? Can they be served at my workplace? | ||
| Expert Answer: | |
| There is no legal limit on where the sheriff or special process server can serve papers, and yes you can be served at work, or out in public or anywhere else you may be found (as the statute says). |
| Question: | Date Submitted: 4/18/2012 | |
| Are there any limits as to what can be agreed between two people in a contract? | ||
| Expert Answer: | |
| As long as the elements of a contract are there, consideration, time, parties bound; there is no limit except things that would void any transaction, such as illegal purpose or terms, fraudulent intent or results. |
| Question: | Date Submitted: 4/18/2012 | |
| Why does there have to be a GAL in a divorce case that has child custody as one of its issues? | ||
| Expert Answer: | |
| The purpose of the GAL is to make sure that there is an attorney who is not bound by attorney client relationship to advocate for either of the divorcing people, and to make sure there is an attorney whose only job is to look out for the wefare of the kids involved in the divorce. |
| Question: | Date Submitted: 4/18/2012 | |
| Is there an age limit on persons who want to adopt, or on the persons to be adopted? | ||
| Expert Answer: | |
| There is no age limit on adopting parties or the person being adopted. If the person to be adopted is a minor (under 18 years of age) then s/he has to have a Guardian ad Litem consent to the adoption, likewise an adoptee who has diminished mental capacity, who is unable to understand the proceedings in a meaningful way. If all parties to the adoption are consenting, full mental capacity adults, then the adoption can proceed with only paperwork, usually with only one attorney, in most cases without a formal adversarial hearing. |
| Expert Answer: | |
| You could try, but your chances for success would be very slim. Generally, accepting a check from an insurance company is an agreement to settle and finish the case. Usually, the insurance company will ask you to sign a release of liability at the same time you get the check, and that is a formal agreement that the check represents a binding agreement you make to settle for the amount of the check. If you find out later that you were hurt worse than you thought when the settlement was made, a Court might let the case be opened again, but the release of liability usually says that no case can ever be opened again for that accident, no matter what happens later. |
| Question: | Date Submitted: 4/17/2012 | |
| Do you need an attorney for a court case in the Associate Circuit Court? | ||
| Expert Answer: | |
| No, there is no legal requirement, but there is a problem with representing yourself pro se, as being your own lawyer is called. The other side, if it has a lawyer, can use rules of civil procedure and other things that affect the process that a lay person would not have any idea about, to win or successfully defend a case by using a technicality. However this may be, some landlords do represent themselves in eviction proceedings and (especially if the defendant has no attorney) sometimes get a judgment or order for eviction. If a matter ever went to trial, the chance of a lay person being successful against an apponent represented by an attorney is very small. |
| Question: | Date Submitted: 4/12/2012 | |
| If I don't have enough money to get a lawyer, can I sue someone by myself? | ||
| Expert Answer: | |
| If the damages you have are $3,000 or less, or if you are willing to be limited to that amount of potential recovery, you could sue someone by yourself in small claims court. For a small claims case to start you can go to the Circuit Clerk for a small claim petition, fill it out, pay the filing and service fees, and you will get to go in front of a judge and tell your case. The Circuit Clerk will help you fill out your petition if you ask him or her to do so and if the defendant is served and doesn't show up, you can get a default judgment. You have to have a good address for the defendant, or place where he or she can be found, so that the sheriff can serve your papers, because if the defendant is not served, no judgment can be had. |
| Question: | Date Submitted: 4/12/2012 | |
| If I get served with papers, how long do I have before I have to do something, and what happens if I just ignore it? | ||
| Expert Answer: | |
| Generally, a party that gets served with papers (a suit) has thirty days to respond before a default judgment can be entered agains her/him. If you ignore it and do nothing that is what will happen, the person serving you papers (suing you) will/can get a default judgment for whatever they are asking for in the papers you got served with. |
| Question: | Date Submitted: 4/12/2012 | |
| How many people can I sue at once? | ||
| Expert Answer: | |
| There is no limit on how many people you can sue, except for common sense. |
| Question: | Date Submitted: 4/11/2012 | |
| What is a parenting plan in a divorce? | ||
| Expert Answer: | |
| This is a mandatory agreement at to how minor children are to be shared after the divorce. The terms for the parenting plan are best set by compromised agreement of the parties/parents at the Rule 17 mandatory mediation. The Court, if it has to determine the custody arrangement, has to make sure both parents have a meaningful relationship with their children post divorce unless for some reason one or both of the parents are unfit or are a danger to the child or children. If both parents are determined to be unfit, the court can put the child or children into protective custody away from the parent(s). |
| Question: | Date Submitted: 4/11/2012 | |
| What is Rule 17 Mediation in a divorce/custody case? | ||
| Expert Answer: | |
| Mandatory talks between the divorcing parties trying to set up some sort of mutually agreed settlement of custody isssues in a divorce case. The parties usually split the cost of the mediator, and if they can come to some agreement, it saves the parties a great deal of time and money. |
| Question: | Date Submitted: 4/10/2012 | |
| When my car or house is repossessed, am I relieved of the debt on it? | ||
| Expert Answer: | |
| After the property is repossessed, they sell it for whatever they can get, and if its not enough to pay for what you owed when it was repo'd they can get a judgment against you for the shortfall. |
| Question: | Date Submitted: 4/10/2012 | |
| When you pay off your mortgage, how long does the holder of the mortgage have to give you a deed of release showing that the debt has been paid? | ||
| Expert Answer: | |
| Missouri Revised Statute Section 443.170 states that the mortgagor has thirty days from the day the debt was paid in full to issue a deed of release, or pay 10% of the full amount of the debt to the mortgagee, as a penalty. |
| Question: | Date Submitted: 4/10/2012 | |
| What does it take to have an enforceable contract between two parties? | ||
| Expert Answer: | |
| A contract has to have obligations for all parties, limits as to time, and consideration, which is value changing hands, either money or some service, to be enforceable. |
| Expert Answer: | |
| Missouri has a law called the rearender doctrine that goes "whoever hits another car from behind is automatically liable for the damage, no matter what caused the car to hit the one in front of it." For example, at a stoplight, some guy rearends a car hard enough to push it into the car in front of it, and the car in front of it, too, and so on. Each car/driver that rearends the car in front is charged with following too closely (even if they are stopped at a traffic signal) and has to pay the damage s/he causes by rearending the car in front. |
| Question: | Date Submitted: 4/9/2012 | |
| When there are two causes for one damage claim, as in two cars hitting a third car, how does it work? Who pays what? | ||
| Expert Answer: | |
| When the evidence is that more than one party is responsible for damage, there is a comparative fault jury instruction that judges also use, which figures the whole amount of damage and then assigns a percentage of fault to each of the contributing parties. For example, if the car cost $10,000 to fix and the judge or jury assigns one of the cars that hit it 90% of the fault then that driver would owe $9,000 and the other driver would owe $1,000. |
| Expert Answer: | |
| Yes, IF THE LEASE SAYS LANDLORD CAN DO SO. If the lease is silent or there is no lease then no, the property must be held until a judgment is obtained against the vacating renter, and then the property can be executed/levied and sold to satisfy the judgment. NOTE: Many landlords do not follow this rule, and if a renter brought suit for the value of personal property left in the apartment against the landlord s/he would probably win for the value of the personal property, but the landlord would probably countersue for back rents and damages to the apartment, so the value of the personal property would have to be held against the amount of back rent and how much the landlord had to pay to rehab the apartment. |
| Question: | Date Submitted: 4/7/2012 | |
| What is a CASA worker/appointee? | ||
| Expert Answer: | |
| CASA stands for Court Appointed Special Advocate, and they are volunteers typically appointed to advocate for the rights of minor children in court matters. They are given the duty of making sure that the rights of children caught up in divorce, custody, domestic violence, or other legal matters are strongly represented. CASA volunteers are working only for the minors they are assigned to, and noone else. |
| Question: | Date Submitted: 4/7/2012 | |
| How do you know how much child support a non custodial parent will have to pay? | ||
| Expert Answer: | |
| Missouri has a thing called the Form 14, which is a worksheet and tables of presumed child support amounts. The Form 14 takes into account the amount of money both parents make, the amount of expenses the custodial parent has, the number of kids involved, and a table of presumed adequate amounts of child support in dollars for the number of kids being supported. |
| Question: | Date Submitted: 4/7/2012 | |
| When you petition for divorce and there are kids of the marriage, can the person without custody get off without paying child support? | ||
| Expert Answer: | |
| Most probably not. The courts do not want to leave kids out there with no support, so unless other means of looking after the kids are available, the noncustodial parent would have a judgment against him or her for child support payments. |
| Question: | Date Submitted: 4/3/2012 | |
| How can I collect a money judgment? | ||
| Expert Answer: | |
| If you get a money judgment in small claims court, you have to register it in Circuit court first, then a judgment can be satisfied by attaching the judgment debtor's income with a garnishment, or by levying and selling property that the judgment debtor owns. In the event the debtor has prior obligations such as a mortgage or a contract to buy a car, then if you levy and try to sell the house or the car, you would only be able to collect anything left after these prior debts are paid, the other prior debts having priority over the later judgment you obtained. In many cases the debt owed on the house or car will be more than it could be sold for, so you have to check for the debtor's solvency before expending the money to garnish wages (S/he may quit after the first paycheck is reduced) or levy and excution sale of debtor property. |
| Question: | Date Submitted: 4/3/2012 | |
| When two people are Joint Tenants on a bank account or own the bank account jointly, what does that mean? | ||
| Expert Answer: | |
| Joint ownership of a bank account means that either or any one of the Joint owners has a right to use or withdraw the whole account, regardless of who's money it was before it went into the joint account. Joint accounts also work to leave the survivor Joint Tenant in ownership of the whole account after all other joint tenants die first, which means the heirs of predeceasing joint tenants do not inherit. Joint tenancy works as a non probate transfer of the account, because when one joint tenant dies, the other or others automatically get what is left, and no probate is necessary. When all but one person who jointly own an account die, then the one surviving gets all that is left of the account. |
| Question: | Date Submitted: 4/3/2012 | |
| What does Joint Tenants with Right of Survivorship mean? | ||
| Expert Answer: | |
| This is the form of ownership where either one of or all owners have a right to use the whole of the account or the thing owned. If the res or property is a bank account, and there are two joint owners, either one or both could withdraw the whole account, despite who deposited the money. Right of Survivorship means that the last survivor of all Joint owners of a property owns the whole of what is left of the property. This is important because the heirs of the joint owners that die first get nothing, the res all goes to surviving joint owner(s). |
| Expert Answer: | |
| NO. Property owned by husband and wife AS husband and wife is owned in tenancy by the entireties. Only if both husband and wife have the judgment against them can property owned by both as tenants by the entireties be attached and used to satisfy a judgment against them. |
| Question: | Date Submitted: 3/30/2012 | |
| Is there a limit in Missouri as to how much a personal injury suit can cost the defendant if s/he loses? | ||
| Expert Answer: | |
| Not legally. However, multimillion dollar verdicts are only as good as the defendant's ability to pay them, so practically the insurance limit may be all a winning party can collect, or only as much as the worth of the person and property of the defendant. who loses. |
| Question: | Date Submitted: 3/30/2012 | |
| What happens if you find out that another person helped cause an injury after a suit has been filed already against the first person or main cause of your injury? | ||
| Expert Answer: | |
| You can use third party practice to include the other or new person in the already filed lawsuit, then a jury or judge could decide what percentage of fault or damage each of the defendants are responsible for paying. |
| Question: | Date Submitted: 3/29/2012 | |
| What is a liability issue in a lawsuit? | ||
| Expert Answer: | |
| A liability issue is one that deals with who owes or is liable to who. In the case of an auto accident with three or more cars involved, there may be a liability issue as to who should pay. The amount of liability is called damages. So if the car cost $10000 to fix, or has $10000 total damages and a person is 25% liable, then he or she owes $2500. |
| Question: | Date Submitted: 3/29/2012 | |
| What does the term pro bono mean? | ||
| Expert Answer: | |
| It means "for free" or "without cost". |
| Question: | Date Submitted: 3/28/2012 | |
| How can you make bank accounts into non probate transfer accounts? | ||
| Expert Answer: | |
| Just tell your banker that you want to POD your bank account to someone, and they will add your name, POD to the person you choose and that makes it a non probate Payable on death account, payable on your death to the person you choose automatically. |
| Question: | Date Submitted: 3/23/2012 | |
| What is the difference between proprety owned jointly between two people and property owned as tenants in common? | ||
| Expert Answer: | |
| Tennants in common each own one half of whatever it is, land, house bank account. Joint tenants each can, without consent of the other joint tenant, use all of the property. A joint tenant can withdraw a whole jointly owned bank account, leaving other joint tenants with nothing, while a tenant in common could only take half. This can be very complex and is the subject of alot of litigation, so if you want a deeper discussion, call or email the blue collar lawyer. |
| Question: | Date Submitted: 3/23/2012 | |
| How can I transfer specific personal property like a gun or jewelry when I die without the court getting involved? | ||
| Expert Answer: | |
| Using a non probate transfer device called a Transfer on Death designation. This is a specific bequest of personal property identified very carefully with serial numbers, exact descriptions, and any other identifying information available. The transfer on death paper says what it is, says who is giving exactly what personal property away at her or his death, and exacty to whom the property will go. It is also a good idea to designate a successor recipient for the personal property in case the first choice predeceases the grantor. If this is done correctly, the property should go to the beneficiary at the death of the grantor automatically, without affirmative action. Missouri NonProbate Transfers law covers almost all types of property, so unless there are other considerations, no property should have to pass to the next generation by the operation of a Last Will and Testiment using the probate process, which is time consuming and expensive. |
| Question: | Date Submitted: 3/23/2012 | |
| Whae is a life estate, and how is it different from owning something? | ||
| Expert Answer: | |
| A life estate is the right to use a property for the duration of the life estate holder's life. A life estate in land means the LE holder can use the land, grow hay, get the income from selling the hay, put up a tent, occupy the land. When the LE holder dies the folks or person who own the land are again entitled to all the benefits of ownership that the LE holder had while he or she was alive. In some cases, if the LE holder has improved the property and these improvements are of a permanent nature like a house or a central air conditioner for an existing house, the heirs of the LE holder may be entitled to some compensation. This also is a complex area of the law, and for a more thorough discussion of various states of land or property ownership, contact the Blue Collar Lawyer. |
| Question: | Date Submitted: 3/22/2012 | |
| When people take actions prior to the date of actual incorporation, are they or is the corporation bound by these actions.? | ||
| Expert Answer: | |
| If these persons act as or on behalf of the corporation before it is in existence, they would most probably be jointly and severally liable personally and the corporation would not be liable. |
| Question: | Date Submitted: 3/22/2012 | |
| In an LLC do all the members have to agree before one member's interest is transfered. | ||
| Expert Answer: | |
| Not unless the operating agreeement says that all must agree. If the OA is silent as to transferabiliy of ownershio interests, then these interests are probably freely transferable. The OA controls the LLC, and its memgers in all aspects it covers. |
| Question: | Date Submitted: 3/22/2012 | |
| If an LLC takes out a loan and defaults, can the lender come after the members of the LLC? | ||
| Expert Answer: | |
| No. if the loan is in the name of the LLC, the members cannot be tapped if the LLC defaults. |
| Question: | Date Submitted: 3/21/2012 | |
| What protection does a debtor have from people he owes money to (or their agents) harassing them about repayment? | ||
| Expert Answer: | |
| The Fair Debt Collection Practices Act sets out what is legal and what isn't for debt collectors when they are dealing with plain people (not businesses). This law is far too long and complex to write down here, if you want to know more call the Blue Collar Lawyer. |
| Question: | Date Submitted: 3/21/2012 | |
| What do they mean when they say your home mortgage is "under water"? | ||
| Expert Answer: | |
| This typically means that the principal balance of your home loan is higher than the value of the home. This has happened to a large number of people, and is not usually the fault of the person whose home mortgage is "under water". |
| Question: | Date Submitted: 3/21/2012 | |
| What does it mean when the bank says it wants security for any loan it may give? | ||
| Expert Answer: | |
| Security is property you sign over to the bank in trust of your timely paymehnt back of the loan. If you default in paying back the loan, the property used as security could be transferred to the bank. |
| Question: | Date Submitted: 3/20/2012 | |
| Do private schools have to give their students a Free and Appropriate Public Education or FAPE. | ||
| Expert Answer: | |
| No, they are bound only by the market. People who choose to purchase private education do so with no assurance that the school will provide its students with FAPE. |
| Question: | Date Submitted: 3/20/2012 | |
| What do school systems have to give every student that attends? | ||
| Expert Answer: | |
| A Free and Appropriate Public Education or FAPE. |
| Question: | Date Submitted: 3/19/2012 | |
| What was the amount of value an estate used to have to have before 'death tax' was charged? | ||
| Expert Answer: | |
| At one point it was $660,000, and then it was raised to $1.2 Million. I haven't heard a figure on what the Democrats plan for a starting point if the 'death tax' is passed again. I do know that congress is considering reenacting the death tax right now. |
| Expert Answer: | |
| When a person dies and passes property to heirs, and the gross value of that property is taxed, people call it a 'death tax'. In the USA there was a death tax in the 1990's but not unless the gross value of the estate was over $1 Million. Back then, we used to place property in Trust prior to the death of the owner, decreasing the gross value of the estate by the value of what property was placed in Trust. There are rules concerning how the Trust has to be written and what it has to say to get this result, so give me a call and we can get more technical and cover more ground, if you wish. |
| Question: | Date Submitted: 3/18/2012 | |
| What is a plea bargain? | ||
| Expert Answer: | |
| This is when a defendant pleads guilty to a lesser offense than was originally charged, because the prosecutor wants the case to be settled quickly. |
| Question: | Date Submitted: 3/18/2012 | |
| Who decides whether to plea bargain or not? | ||
| Expert Answer: | |
| The prosecutor decides wheather to offer a plea bargain or not, but the judge has to approve it also, before it can actually happen. Usually, if the prosecutor agrees to it, the judge will ok it as well.The defendant chooses either to accept or not, depending on the evidence and how harsh the lesser charge is, choosing guiltly plea or trial. |
| Question: | Date Submitted: 3/17/2012 | |
| What is the difference between a contract and a lease? | ||
| Expert Answer: | |
| A lease is a contract about the use of land by someone not the owner. If you rent land/a house and do not have a lease. specific statutes apply. If you want futher info on landlord/tenant, get in touch, I have alot of experience in that field. |
| Question: | Date Submitted: 3/17/2012 | |
| Why should there be an agreement between two parties if the matter involves money and services to be performed? | ||
| Expert Answer: | |
| An agreement is the same as a contract, and it is a written record of who is to do what when and for how much. It is a good idea because two people can never remember the exact same thing, without a written guide. |
| Question: | Date Submitted: 3/16/2012 | |
| What is the Statute of Limitations? | ||
| Expert Answer: | |
| The time you have to file suit after a case arises, before too much time has expired and no case can be filed. |
| Question: | Date Submitted: 3/15/2012 | |
| What do you have to do if you are appointed a Guardian for a disabled person? | ||
| Expert Answer: | |
| Do an annual accounting and report to the court that appointed the Guardian. |
| Question: | Date Submitted: 3/15/2012 | |
| What do you have to do if you are appointed a Guardian for a disabled person? | ||
| Expert Answer: | |
| report once a year on the money and decisions for the ward |
| Question: | Date Submitted: 3/15/2012 | |
| What do you call it when someone is slow or disabled to the point they can't do for themselves, and the Court steps in and appoints someone to do for them. | ||
| Expert Answer: | |
| A Guardian is appointed for the person (ward). |
| Question: | Date Submitted: 3/15/2012 | |
| If land goes to several people when someone dies, what happen if some people want to sell and others want to keep the land? | ||
| Expert Answer: | |
| There can be a partition of the property. If it can be divided into equal parts of land, then each person might get the same acreage as the others. If its a house, or otherwise not equally divisable in kind, then the property would have to be sold, and the money divided. |
| Question: | Date Submitted: 3/14/2012 | |
| Is there a free MIssouri Bar Association place I can go to get some relief or help if my lawyer and I dispute his bills? | ||
| Expert Answer: | |
| Yes, the Missouri Bar Association Fee Dispute Resolution Committee, Phone number: 573-635-4128. |
| Question: | Date Submitted: 3/14/2012 | |
| Why does it cost so much to go to court and sue someone? | ||
| Expert Answer: | |
| There is a given amount of preparation a lawyer must make for a trial, called due diligence. This involves discovery, depositions and motions. This issue is too broad for a short answer, so call me back if you wish, we will discuss it in more depth. |
| Question: | Date Submitted: 3/14/2012 | |
| Why can mediation be much cheaper and faster than going to court? | ||
| Expert Answer: | |
| Because mediation involves the parties reaching a compromise solution, if it is successful, and this can be done with out a lawyer in a matter of a few hours. Once the parties agree to a compromised solution, then a lawyer can be used to draw up the agreement the parties made, to make it enforceable. |
| Question: | Date Submitted: 3/13/2012 | |
| What is hearsay evidence and why is it not allowed? | ||
| Expert Answer: | |
| Hearsay is third party information, such as he said " blah, blah" It is not allowed because the Court presumes that the person who actually said the information should be there to testify in court in person, not just someone whe heard someone say something and cannot be crossexamined as to what it meant, why it was said, etc. |
| Question: | Date Submitted: 3/13/2012 | |
| What is the term for evidence that can't be used because it involves something said by someone not there in Court, to question about it. | ||
| Expert Answer: | |
| Hearsay |
| Question: | Date Submitted: 3/13/2012 | |
| How long can a person who owns land continue to control that land after her or his death. | ||
| Expert Answer: | |
| Lives in being plus twenty-one years. The rule againsst perpetuities says that a decedent cannot control land more than that. So, if the bequest is "to X and her heirs forever" this is no good, and "to X and then to her chld, B" is OK if she has a child at the time the bequest was made. This is a seriously complicated area of the law and if further information is needed contact BCL. |
| Question: | Date Submitted: 3/12/2012 | |
| During mediation, is there a decision reached for one or another party? | ||
| Expert Answer: | |
| Not unless all parties agree to a solution. Mediatin is an attempt to find a solution all parties can agree to or live with, not a decision of right or wrong, or for one party or another. |
| Question: | Date Submitted: 3/12/2012 | |
| why is mediation better than a legal trial as a way to settle a legal dispute? | ||
| Expert Answer: | |
| Mediation is a form of dispute settlement that usually takes less than four hours to finish, and costs a fraction of the price for having a trial settle legal issues. Also, mediation allows those involved to have a part in crafting their own solution, and does not amount to a win or lose, winner take all propositiion, it is usually a compromise between the parties. |
| Question: | Date Submitted: 3/11/2012 | |
| What does personal injury lawsuit mean? | ||
| Expert Answer: | |
| It is a suit filed to compensate an injured party for the damages caused by the negligent behavior of another party. |
| Question: | Date Submitted: 3/11/2012 | |
| What does statute of limitations mean? | ||
| Expert Answer: | |
| The SOL is the time between the act giving rise to a legal case and the elapse of enough time so that it is too late to file the legal case. Once the SOL runs out, no legal case can be had, with a few very specific exceptions. |
| Question: | Date Submitted: 3/10/2012 | |
| How much can a contract between two people cover? | ||
| Expert Answer: | |
| The subject matter of a contract or agreement is unlimited, so long as it does not deal with anything illegal. When two or more parties agree in writing or verbally, and they exchange value, money or promises to do things, in order to pay for the promise to be done, and the terms of the agreement can be understood and proved, it may be enforced. |
| Question: | Date Submitted: 3/10/2012 | |
| How do you file for an ex parte order of protection? | ||
| Expert Answer: | |
| You have to go to the circuit Clerk and ask for a petition, where you have to swear to facts that made you think you, or a minor or disabled person under your authority are in immediate danger of physical harm. Then an Ex Parte order for ten days is automatically entered against the one you swear was causing the danger. When the ten days pass, a hearing between you and the accused party occurs and the Court decides whether to issue a permanent order of protection, for a year, or 180 days. |
| Question: | Date Submitted: 3/9/2012 | |
| What do you do if your insurance company refuses to pay a claim you make, and the other person or the person who caused the damage is uninsured? | ||
| Expert Answer: | |
| Contact your insurance home office, get it in writing that they refuse the claim and why, and then talk to an attorney about making them cough it up. Your insurance policy will control whether your insurance company has to pay or not, but you and your attorney will have to prove the damages and the cause. |
| Question: | Date Submitted: 3/9/2012 | |
| How much does it cost to sue someone for an automobile accident that is clearly their fault? | ||
| Expert Answer: | |
| That one depends on how much the person who caused the accident is willing to pay his lawyer to keep from paying you. The sky is basically the limit. |
| Question: | Date Submitted: 3/8/2012 | |
| What does a Transfer on Death designation mean? | ||
| Expert Answer: | |
| This mean that the property listed in the TOD is automatically transferred to the TOD beneficiaries upon the death of the person executing the TOD. |
| Question: | Date Submitted: 3/8/2012 | |
| What is the Circuit Clerk? | ||
| Expert Answer: | |
| The Circuit Clerk is the person who files and administers the Circuit Court, which is the County level Courts system. |
| Question: | Date Submitted: 3/7/2012 | |
| What is a month to month lease? | ||
| Expert Answer: | |
| When there is no written lease, the law presumes a month to month lease, meaning that rent is due every thirty days and thirty days notice required to begin eviction. |
| Question: | Date Submitted: 3/6/2012 | |
| How do I get my estate set up so that the people I will give to when I die get their part without doing anything? | ||
| Expert Answer: | |
| Missouri allows the use of nonprobate transfers, that are activated by the death of the person. When the giver dies, the items non probate transferred to her or his beneficiaried go to them automatically, without having to be probated in court. |
| Question: | Date Submitted: 3/6/2012 | |
| How much is the fee to the state when you form a corporation or LLC? | ||
| Expert Answer: | |
| $105.00 |
| Question: | Date Submitted: 3/6/2012 | |
| How do I file a small claim in small claims court? | ||
| Expert Answer: | |
| Talk to the circuit clerk of the county where the defendant lives, he or she will have forms for petitions and are supposed to help you fie. |
| Question: | Date Submitted: 3/6/2012 | |
| How often does a corporation have to conduct meetings of its board of directors and officers? | ||
| Expert Answer: | |
| One time a year. |
Blue Collar Lawyer, LLC Terms and Conditions"Neither BlueCollarLawyer, LLC nor David Potashnick makes any representations or warranties of any kind, express or implied, concerning the legal adequacy or enforceability of any of the answers or opinions expressed in this web site and it is expressly agreed that by using this Q and A format for general information regarding legal questions, the user agrees that an attorney/client relationship does not exist between the user and the person or entity answering the questions. If the user and BlueCollarLawyer, LLC and David Potashnick sign an agreement regarding fees and representation then in that event only shall an attorney/client relationship exist between them."