Posts Tagged advice

Q&A: BONUS POINTS: Lawyer Advice!?

Question by NancyD: BONUS POINTS: Lawyer Advice!?
Case History:
We gave a realtor ,000 to build a house five years ago. He did not build the house and we filed a suit against him four years ago. He dragged the suit using different tactics for four years. In July 2010, we ultimately won triple damages suit for fraud and got a judgement of 6,000. The our attorney asked him to give us his info on assets and accounts which he did not provide. Then our attorney got an order to give us info otherwise face arrest- He did not reply- now our attorney is filing in the court for the issuance of the arrest warrant for him. Now, my question is while we are waiting for the arrest warrant, what rights do we have under law to get info on him, through city, state and federal organizations like IRS, Social Security office and more under the judgement. Should we contact a Collection Agency? How we can make sure that he pays the judgement? What steps our attorney needs to take now for quick recovery other than waiting for arrest warrant? What can we as individuals can and should do for the collection of the judgement amount as we are into the sixth years?

THANKS SO MUCH! Best answer will be rewarded bonus points!!!!

Best answer:

Answer by cactusgene
You can hire a collection agency, but they will most likely charge a 33-1/3% commission. And most are not very good at their job on top of that. If that Realtor owns some property, record your judgment in the county of his real estate holdings. Then you can go to the Sheriff and request a Sheriff’s sale to enforce the judgment. Either someone bids at the sale and you get your cash, or you can bid on it using your judgment as money and become its new owner, subject to any underlying liens.

Know better? Leave your own answer in the comments!

  • Share/Bookmark

, , ,

No Comments

What should I do??? Any Advice would be GREAT!!?

Question by wowsers: What should I do??? Any Advice would be GREAT!!?
Well I have a 9mnth old daughter and me and the father split up. way before she was even born. He doesnt make an effort at all to see her and I have given him plenty of oppurtunitys. He has cancelled on her half of the times we were suppose to meet. He is ordered to pay 0 in child support and has yet to pay even that. Which in my mind I think that is nothing considering I pay 165 a week in child care. insurance premium which is 96 plus copay , shots, clothes, and everything she needs!!! He has not even given me any money or offered to help buy anything for her. We dont have any court order visitiation in place because he has not legitimated the child. I have sole custody of her by law, being an unmarried mother. Only reason I have child support is because child support recovery requested his info since I had her on medicaid at the time and if I wanted my daughter to have health insurance I have to cooperate with them. I did and now he is order to pay cs. But I got a better job and cancelled med. and got her bcbs. Well in the scheme of things I met this wonderful loving guy who treats me with respect, who loves my daughter, not to mention I am really in love with this guy. After several months of dating he asked me to Marry him and proposed to me and asked if he could take me and my daughter. not just me ? I dont know what to do? I know what my heart wants for my daughter. I want her to have a dad who loves and cares about her like his own. Which in my mind I know for a fact he is serious about us. He has helped me out with her, financially , he is so great with her, and whenever we have a spend time together he always makes sure I am bringing my daughter with. He really truely loves her and Me. Since me and my daughter bio father have never been married and legally he is not on the birth certificate should I marry the man of my dreams, and would it be best or not for my daughter???
in fact we were never married to begin with

Best answer:

Answer by Lucille
The best thing you can do for your child is for her to have a loving father, the bio dad was just a sperm donor, it is clear he is not stepping up to the plate, he is a dead beat dad. Forget about him! If this new guy is willing to marry you and adopt your daughter, let him, he sounds like a man who is willing to take responsibility. I don’t even know why you’re asking this question, the answer is obvious!

What do you think? Answer below!

  • Share/Bookmark

, , ,

3 Comments

I need some honest opinions on a family issue & advice on moving forward!?

My father died at 57 from complications of alcoholism. I have been married 27 years & have 4 kids. My oldest was dx with alcohol addiction at 16. He was arrested 3 times for fighting and ended up in prison for 2 years @ age of 17 4 felony battery! From the day I learned my son was drinking/doing drugs, our family got therepy. Indiv, and family sessions. With love & support from God, my mom, and dear friends, we came thru that painful time! Son is 25, marriend and doing well. We have not had alcohol in our home for 13 years. My husbands family can’t have a gathering without it! Now that 3 of my kids are over 21, a brother in law constantly encourages them 2 drink shots etc at family events (where young kids are wittness to this b-i-l’s very DRUNK behavior). I’ve tried to explain our feelings of alcohol being inapprop @ bdays, 1st comm etc. And tried to explain our being hurt when they encourage kids 2 drink. Now, they r not talking to me. They say I AM Rediculous! Am I? Or, are they?

  • Share/Bookmark

, , , , , , , ,

3 Comments

Stuck in the Middle of a custody Battle Need some legal advice Please help?

Wow Were to start Well I have bin with my Girlfriend for 3 years now. We have a fresh 8 moth old baby. And She Has a 6 year old Kid with Her X husband. I have bin suffering for 2 years now with here and her x fighting about there son. Im really tired of hearing about it and we get into a lot of fights because Im just so tired of hearing it. His father has bin out of his life for two of the 6 years and was ordered to go to rehab a number of years ago for drugs and alcahol and never even completed the rehab. He was alowed Visitation every other Weekend and thursdays. That was fine with my girlfriend. But what happend was about a week ago. My girl friend started getting anxiety and bells Polisy witch makes her face go knomb when shes very depressed and stressed out. Not to mention she has very bad eyesight. Well She took the kids to a soccer game last week and she had all her semptoms of her stress and bad eyesight. Her x called the cops saying she was drunk. But she doesnt even drink all she does is take perscribed Zaneks for stress. Well the cops came arrested her and gave her a drunk in public because she couldnt pass the eye sobrity test and the line. They arrensted her and took her in jail over night they didnt give her a breatherliser or blood test. Here X then schedualed a Imediate custody court hearing. And now her X wants 50/50 custody. And wants her to go to rehab and only have day for visitation a week that is supervised. What can she do we dont have enough money for a lawyer. I dont want to suffer anymore!!! AOrry for the bad spelling english is my second language

  • Share/Bookmark

, , , , , , , , ,

2 Comments

Could you give me some advice on a career path, please?

Hello, I am a 20 year old boy (man?) who is trying to turn his life around. At age 16 I started using marijuana and alcohol, and from there started working my way up to harder drugs (MDMA, LSD, cocaine). But recently I had the epiphany that I need to change in order to get what I want out of life, and also in order to do the right thing. I confessed everything to my father who is deeply concerned about me.

But that’s not the point of this question. I just thought you could better answer it with that background information on me.

I want to help other people. Sit people down, and talk to them. I am a good listener and good at understanding other peoples problems and telling them what they need to hear; I’ve been good at this all my life. So I want to go professional on this. The problem is I’m not sure of the specific college degree or field I am trying to go for. Some things that do come to mind, though, are: Psychology, Psychiatry, Therapy, Counseling. I know some of these things require graduate school, which is okay, but I’d also like to know what can be accomplished with just a bachelors.

Ideally, I see myself having a steady job in which I see patients and talk to them about issues they are having and provide treatment for them. Mental disorders interest me – severe ones and mild ones. Even people who don’t have a diagnosed disorder but are just seeking help.

I am just seeking information and suggestions. If you have a job in a like field, YOUR help would be much appreciated. Thank you everyone.

ps: I also enjoy reading and writing, and am a musician, if that makes a difference.

  • Share/Bookmark

, , , , , ,

4 Comments

Can anyone give me advice on a custody case i have already in force?

I have sole custody of my daughter and her father has supervised visitation due to a history of drug addiction. He was court ordered in 2004 to drug test weekly (random) and still to this day has not. It was recently extended to 1 year which initially he only needed to complete 90 days. just last year he completed a 90 day rehab (his 4th attempt) and then right after was arrested and went to prison. Upon his release his parole requirement was drug testing, except it is very random, like maybe once a month. He is insisting that this will satisfy our custody court order even though ours is and has been ordered to be weekly (due to his drug of choice). I think thats ridiculous, but was hoping for feed back. Doesnt his parole requirement have NOTHING to do with his requirements for our custody order?
Actually im pretty sure he has been doing the testing for his parole requirements. He is doing good right now. I do hope it stays that way, but ive gone throught this long enough with him to know that a few months clean mean nothing. that is why i am hoping our order will be enforced. i just need to know as a mom, that my daughter will be 100% safe when and if the supervisions ends.
also, i dont know who his parole officer is, so that doesnt help me any. :(

  • Share/Bookmark

, , , , , ,

2 Comments

I need advice on a crazier than normal situation.?

I’ll skip all the details, as much as I can. I’m 25 y/o, been in plenty of good & bad relationships. The situation is right now that out of boredom one day I started writing to an inmate, convicted of robbery due to a previous opiate addiction. We have been corresponding for about 5 months now, and i’ve visited him 3x. He is a good guy, and anyone who has had a friend or family member locked up can know this. He’s clean over 2 years and is getting out the end of december of 2010. I don’t have nay doubt i will keep writing but we both know there ARE feelings there which are getting deeper with each letter and visit. The other hand, I’m dating a close friend of the family. He, too, is a good guy, really has his stuff together, and i care for him A LOT. I know what this sounds like, but you really have to be me to fully understand the situation. I think I started talking to the inmate becuase I wanted just a friend, yet someone who I could talk to that wasn’t going to judge me for past mistakes i’ve made, someone that I could help brighten their gloomy day, etc. I didn’t expect much to come out of it, or much to come out of the “friend of the family” situation. I guess my question is, should I focus on the here and now with the F.O.T.F or should I wait the next 14+ months out and see what happens with the inmate, who i’ve become very close with, and know in my heart that there could be so much more, “once upon a time”? And please, no rude comments. I know what society thinks of these people as it is. I’m not asking for an opinion on him, just what I should do. Thanks :)

  • Share/Bookmark

, , , , ,

No Comments

any advice for a single father fighting for custody?

i had my son for about four years now, but it was only a verbal agreement that i start him in school, and lives with me because we live in different counties, she has 2 other children with 2 different dads, a couple years later she got into trouble with cps being drunk and leaving her youngest in the house unintended, unfortunately the cps had to check me out as well for months. they found nothing on me, and eventually the judge awarded me physical custody, she was in and out of rehab twice during the last year and a half, in February she finished her last phase of the court ordered rehab, now she wants custody and hired a lawyer, she said some very bad things about me, however she has no proof of anything.the problem i face is Sense this all was court ordered she was under her best behavior, because the dhs was watching her the whole time, so as far as getting anything on her will be very hard, will the judge look at her past or look at it as she is clean and sober now. i only think she is staying sober until the court is done. i moved farther away from her but within the 100 mile rule. and she is using that as leverage because i never asked permission. i live in michigan. any help would be appreciated.

  • Share/Bookmark

, , , ,

10 Comments

I’m in a extremely hard situation right now and I desperately need advice?

My 9 year old cousin (Drake) is currently living with my husband and I. His Mother (she’s my cousin to) is back in rehab for her crack cocaine addiction she was court ordered to give Drake up. His Father was shot and killed 4 years ago. The only other option was he either came to live with me or he went into foster care and I didn’t want him to go into foster care so I took him in. I’m only 24 years old and my husband is 29. No one else in my family would take my cousin because he’s known to get out of hand at times and to be honest, I really don’t think they care what happens to him.

I need some advice on a couple of things…. Every night before bed I get all of Drakes stuff together for school the next day. I put $4.00 in an envelope in his backpack for lunch. I leave at 5 am during the week for work and my husband puts Drake on the bus. I was doing laundry last night and I found $85 in Drakes pants. I asked him where he got the money from and he said his friend told him he could have it. I didn’t say anything else and when he went to bed I asked my husband what he thought about it and he said that he gives Drake $5.00 everyday for lunch because Drake asks him for lunch money. I told my husband that I already give him money. I’m assuming that this is the money he’s been making off of my husband so I took it. I have not spent it but I’m not going to give it back to him due to the fact that he’s been lying about needing money. I have also decided to start making him lunches so he doesn’t need money during the day. This is not the first time he has lied to us. He stole some of my fake jewelry about a month ago and sold it to another kid at the park. I got it back but he lied about the whole thing.

I received a phone call at work today and Drake allegedly touched a girls private area while playing and then proceeded to punch her in the face when she wouldn’t play along. He’s being suspended for 10 days starting tomorrow. I spoke to the school psychologist and he said Drake needs counseling for everything he’s been through. I agree but we already tried going to counseling and he was literally mute at every visit. How on earth do I handle this? Where do I go? Who do I talk to?

Thank you in advance for any advice.

  • Share/Bookmark

, , , , , ,

23 Comments

I’m in a very difficult situation and I need some advice please?

My 9 year old cousin (Drake) is currently living with my husband and I. His Mother (she’s my cousin to) is back in rehab for her crack cocaine addiction she was court ordered to give Drake up. His Father was shot and killed 4 years ago. The only other option was he either came to live with me or he went into foster care and I didn’t want him to go into foster care so I took him in. I’m only 24 years old and my husband is 29. No one else in my family would take my cousin because he’s known to get out of hand at times and to be honest, I really don’t think they care what happens to him.

I need some advice on a couple of things…. Every night before bed I get all of Drakes stuff together for school the next day. I put $4.00 in an envelope in his backpack for lunch. I leave at 5 am during the week for work and my husband puts Drake on the bus. I was doing laundry last night and I found $85 in Drakes pants. I asked him where he got the money from and he said his friend told him he could have it. I didn’t say anything else and when he went to bed I asked my husband what he thought about it and he said that he gives Drake $5.00 everyday for lunch because Drake asks him for lunch money. I told my husband that I already give him money. I’m assuming that this is the money he’s been making off of my husband so I took it. I have not spent it but I’m not going to give it back to him due to the fact that he’s been lying about needing money. I have also decided to start making him lunches so he doesn’t need money during the day. This is not the first time he has lied to us. He stole some of my fake jewelry about a month ago and sold it to another kid at the park. I got it back but he lied about the whole thing.

I received a phone call at work today and Drake allegedly touched a girls private area while playing and then proceeded to punch her in the face when she wouldn’t play along. He’s being suspended for 10 days starting tomorrow. I spoke to the school psychologist and he said Drake needs counseling for everything he’s been through. I agree but we already tried going to counseling and he was literally mute at every visit. How on earth do I handle this? Where do I go? Who do I talk to?

Thank you in advance for any advice.

  • Share/Bookmark

, , , , , ,

16 Comments

I’m in a VERY difficult situation right now and I really need some advice?

My 9 year old cousin (Drake) is currently living with my husband and I. His Mother (she’s my cousin to) is back in rehab for her crack cocaine addiction she was court ordered to give Drake up. His Father was shot and killed 4 years ago. The only other option was he either came to live with me or he went into foster care and I didn’t want him to go into foster care so I took him in. I’m only 24 years old and my husband is 29. No one else in my family would take my cousin because he’s known to get out of hand at times and to be honest, I really don’t think they care what happens to him.

I need some advice on a couple of things…. Every night before bed I get all of Drakes stuff together for school the next day. I put $4.00 in an envelope in his backpack for lunch. I leave at 5 am during the week for work and my husband puts Drake on the bus. I was doing laundry last night and I found $85 in Drakes pants. I asked him where he got the money from and he said his friend told him he could have it. I didn’t say anything else and when he went to bed I asked my husband what he thought about it and he said that he gives Drake $5.00 everyday for lunch because Drake asks him for lunch money. I told my husband that I already give him money. I’m assuming that this is the money he’s been making off of my husband so I took it. I have not spent it but I’m not going to give it back to him due to the fact that he’s been lying about needing money. I have also decided to start making him lunches so he doesn’t need money during the day. This is not the first time he has lied to us. He stole some of my fake jewelry about a month ago and sold it to another kid at the park. I got it back but he lied about the whole thing.

I received a phone call at work today and Drake allegedly touched a girls private area while playing and then proceeded to punch her in the face when she wouldn’t play along. He’s being suspended for 10 days starting tomorrow. I spoke to the school psychologist and he said Drake needs counseling for everything he’s been through. I agree but we already tried going to counseling and he was literally mute at every visit. How on earth do I handle this? Where do I go? Who do I talk to?

Thank you in advance for any advice.

  • Share/Bookmark

, , , , , , ,

9 Comments

I’m in a very tough situation right now and I need some advice please?

My 9 year old cousin (Drake) is currently living with my husband and I. His Mother (she’s my cousin to) is back in rehab for her crack cocaine addiction she was court ordered to give Drake up. His Father was shot and killed 4 years ago. The only other option was he either came to live with me or he went into foster care and I didn’t want him to go into foster care so I took him in. I’m only 24 years old and my husband is 29. No one else in my family would take my cousin because he’s known to get out of hand at times and to be honest, I really don’t think they care what happens to him.

I need some advice on a couple of things…. Every night before bed I get all of Drakes stuff together for school the next day. I put $4.00 in an envelope in his backpack for lunch. I leave at 5 am during the week for work and my husband puts Drake on the bus. I was doing laundry last night and I found $85 in Drakes pants. I asked him where he got the money from and he said his friend told him he could have it. I didn’t say anything else and when he went to bed I asked my husband what he thought about it and he said that he gives Drake $5.00 everyday for lunch because Drake asks him for lunch money. I told my husband that I already give him money. I’m assuming that this is the money he’s been making off of my husband so I took it. I have not spent it but I’m not going to give it back to him due to the fact that he’s been lying about needing money. I have also decided to start making him lunches so he doesn’t need money during the day. This is not the first time he has lied to us. He stole some of my fake jewelry about a month ago and sold it to another kid at the park. I got it back but he lied about the whole thing.

I received a phone call at work today and Drake allegedly touched a girls private area while playing and then proceeded to punch her in the face when she wouldn’t play along. He’s being suspended for 10 days starting tomorrow. I spoke to the school psychologist and he said Drake needs counseling for everything he’s been through. I agree but we already tried going to counseling and he was literally mute at every visit. How on earth do I handle this? Where do I go? Who do I talk to?

Thank you in advance for any advice.

  • Share/Bookmark

, , , , , , ,

3 Comments

Anyone have advice on how to minimize my ex getting visitation rights with my daughter? He’s addicted to meth

He just got out of rehab and he’s trying to persue court ordered visitation. He has one heck of a shady divorce/family law lawyer pushing him to do it, even though he keeps repeatedly saying he is still struggling and is thinking about going back into rehab. I really don’t have money for a lawyer and need ideas about what to ask for in mediation since the ball _IS_ in my court.

Just so you know, if he were still here in state I wouldn’t have such a problem with him coming to see her and things of that nature, but he is on the east coast, and I live in the midwest. I seriously have issues with him taking her so far away!! Any ideas, anyone out there who’s been through a similar situation??

BTW, my ex is pretty impressionable as far as what I say to him buy his lawyer always seems to smooth him over. If he takes me to mediation I really want to make it hard for him.

  • Share/Bookmark

, , , , , , , , ,

16 Comments

Sticky situation with the ex (involves kids). Need advice please!?

Here’s the sitaution. My ex and I have 2 kids together, ages 5 and 7. We do not have custody/visitation done through the courts, as we have always been able to work it out in a way that is good for us both. I have the kids full time and he has them when he wants, which is usually about every other weekend. I left him due to his alcoholism. I dropped off the kids with him last night and they called me several times, which they normally dont do, so I knew they must not have been having fun. Then this evening my ex called me and asked me to come pick the kids up because there was something going on. Come to find out, him and his gf were fighting because he was drunk and had been all day. So, I picked up the kids and I wasn’t home but all of ten minutes and my ex called again and said if it was ok that he wanted to come get the kids again in the morning and spend the day with them tomorrow. My problem is, I don’t know if I should let him or not given this evening’s events. True, at least he was responsible enough to have me come get them out of a fighting situation, but he wasn’t responible enough to avoid the situation by just not drinking. He knows how I feel about him drinking when he has the kids, especially since he doesn’t have them all that often. I don’t want them to remember their dad as a drunk (although I’m starting to see that prob can’t be helped). Do I let them go again in the morning or not? I don’t like to tell him no, because I feel that the kids need to see their dad, but at the same time I’m afraid for their safety and don’t want it to turn out the same as it did today. Any advice? Thanks.
I know that his gf will prob be there, so at least if anything happened, she could handle it. But still, it’s just the principle of it all. It isn’t her job to take care of our kids (although there are times I have been so thankful that she was there). And I hate the fact that my kids have to see them fighting. They told me that he threw her stuff out on the lawn, and the whole time she is crying and telling him that she loves him and isn’t leaving….and my kids are seeing all that! I just hate it.

  • Share/Bookmark

, , , , , ,

7 Comments

Desperately need some advice concerning how the hell I’m going to get into college…?

I began high school in the state of Florida. I had a 3.3 GPA in both 9th and 10th grade. In 11th, I transferred to an Environmental and Biomedical Science “Magnet Program”. I took AP US History, AP Environmental Science, and AP English Language and Composition. My remaining classes were honors/gifted classes. My grades were decent, but I couldn’t pull above a 3.4 because of my previous years. Regardless, I had As in all of my AP classes, and was doing fine in everything but math, which is expected. Unfortunately, about 3-quarters of the way through the year, I struggled with bulimia and had to go to a rehabilitation center, which prohibited me from going to school. When I got out, I was told that I would receive no credit from the school because the credits were ANNUAL, not BI-ANNUAL. They told me I’d have to take 11th grade over. I moved to Washington State; just a family situation. Upon enrollment to my new school, they told me that even without the credits from my 11th grade year, I still had enough credits to be able to be a senior, and that I’d meet the graduation requirements this year. Pretty sure this is because high school in Florida is 9th-12th, and high school in Washington is 10th-12th. Anyways, they placed me in terrible classes and REFUSE to switch me out. Something to do with attendance. They have me in Chemistry, Algebra 2…classes that I’ve practically already taken, and that look absolutely horrible on a transcript. They could at least throw in some honors and AP classes! I have the option of graduating as is, or possibly taking my 11th grade year over. Problem #2: If I decide to take 11th over, they still won’t move me into AP classes, because of the attendance issue. If I’m going to go to school for two more goddamn years I want it to get me into a good college.

I’d ideally like to get into a state college, do well, and transfer after two years. I want to get into a good graduate school for Biology, and pursue a PhD in Evolutionary and Sociobiology.

I have high hopes. I’m a smart girl. I messed it up for myself. Does anybody have some brilliant plan to get me out of this mess? Or at least some advice on what to do?

My email address is:

damndelions@yahoo.com

Thanks!
To LD: Thank you, great idea. But would you recommend retaking the 11th grade, or going forward without it? I think that emphasizing that I decided to go to school for another year when I could have easily graduated would only add to the impact. Easier said than done, of course.

  • Share/Bookmark

, , , , , , , ,

3 Comments