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Do You Know What Defamation Of Character Is?
Are Any Of Your Sons Or Sons In Laws Attorneys?
Yes, I know what defamation of character is. And no, none of my sons or sons-in-law is an attorney, but one of my daughters is.
In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement of fact that injures someone's reputation. "Defamation" is however the generally-used term internationally. Slander is a harmful statement in a transitory form, especially speech, and libel is a harmful statement in a fixed medium, especially writing but also a picture, sign, or electronic broadcast, each of which gives a common law right of action.
Providing, of course, that you are willing to accept that explanation from a FEMALE attorney.
My Husband Had A Credit Card Go To A Collection Service, They Worked Out An Agreement That He Would Pay X Amount Up Front, He Then Gave Them Check Numbers To Take Out $100 Every 2 Weeks For Around 6 Months, At Which Time They Would Call Back To See If He Could Settle. Needless To Say, They Have Taken Money Out Of Our Account Past The 6 Months That Was Agreed On. On Top Of That They Stopped Taking Money Out At One Point And Then Said That We Had Missed 3 Payments, Even Though It Was Suppose To Be Automatic Withdrawls. Today They Called To Settle, At Which Point My Husband Told Them We Couldn'T, Needless To Say I Got On Our Bank Account Today And Seen That They Had Taken Another $100 Out Today. Is There Something That We Can Do Here?! We Only Authorized Them To Take Out 6 Months Worth Of Payments. They Are Trying To Scare Us By Telling Us They Will Take Us To Court. Any Help Would Be Much Apprictiated! Thank You!
Unfotunately since you authorized them to take monies out of your account and you gave them your account number the bank is not going to be very sympathic to you. You could call them and file a claim agains the money they took out which in turn the bank will do an investigation and may or may not give you the money back which could take weeks. What the bank will advise you to do is to close out your account and open a new one.
You need to review the last six month and verify how much they have taken out of your account, add the money your husband gave up from and see if you are in fact paid off or not. If you are then I would copy this information and send it to the company for proof you've paid in full, along with a letter requesting they stop ALL FURTHER WITHDRAWLS from your account. Tell them in the letter you no longer authorize access to you account and any further action against your account on their part will be handled through legal actions. Threaten them that you've already contacted your bank and that any futher transactions will be considered bank fraud. (That one works, I've used it)
But if you have not paid in full, and you only have a couple more payments left go ahead and write this same letter and outline to them something to the effect of you have 3 more payments left in the agreement, these payments should take place on this date, this date and this date. Say after this date (last payment date) the account will be paid in full and further withdrawls should be stopped.
There are so many times when these companies will just hound the hell out of people and withdrawl moneys other then the agreed upon amount.
But since you did give them your account information there really is not a lot that can be done with the bank. They will tell you the same thing.
However, once you notify the company in writing you need to follow up with the bank and let them know you've done so.
One more thing you could/should do when you write this letter. End it at the bottom below where you sing your name on the left side of the page Cc: to your bank.
You con't actually have to send it to your bank but if they see that they will think you've sent it to your bank and that you will take legal actions.
Don't let them bully you!! Stand your ground.
Where Can I Find A Free Lawyer?
In Nyc (Specifically, Manhattan), That Specializes In Cases Against The Department Of Education (Doe) And The Administration For Child Services (Acs) ?
free...um, not likely especially in NYC. If you're going up against the DOE and ACS you might want to find something better than free.
Black'S Law Dictionary? Online Alternatives?
I'M Trying To Help A Friend With A Case, She Recommended Black'S Law Dictionary. On Reading Wikipedia'S Article About It,
&Quot;The Internet Made Legal Research Easier Than It Ever Had Been, So Many State- Or Circuit-Specific Case Citations And Outdated Or Overruled Case Citations Were Dropped From The Seventh Edition In 1999. The Eighth Edition Introduced A Unique System Of Perpetually Updated Case Citations And Cross-References To Legal Encyclopedias.&Quot;
I'M Probably Being Stupid, But:
1) Does That Mean The Eighth Edition Online Does Have State Specific Case Citations. Or Not?
2) What Are The Alternatives Online?
I have a Black's Law Dictionary and it doesn't have case law cited in it. It's just a dictionary where you can look up the definition of a legal word that wouldn't be in Webster's or a regular dictionary, so I'm not sure if that's really what you want.
I have to do a lot of legal research and the best website that's free that I've found is findlaw.com. It can be a little hard to navigate and find what you're looking for, but once you get the hang of it, you can find just about anything.
Power Of Attorney...Need Help Asap!?
My Parents Are In Their Early 80'S And My Mother Has Dementia And My Father Has Major Health Problems And Won'T See A Doctor Or Go To The Hospital.( He Fell Two Weeks Ago And He Told Me He Heard Something, &Quot;Snap&Quot; In His Ankle.) Here Is The Problem. My Mother Was Married At 17 And Has Two Children By Her First Marriage. My Mother Divorced Their Father (For Infedelity) And My Grandmother Took Care Of Her Children Because She Was Too Immature To Take On The Responsibility Herself At The Time. Fast Forward - My Mother Married My Father And Had Me When She Was 38. My Half Siblings Have Always Resented Me Because I Grew Up With Two Parents. They'Re In Their 60'S Now. I Am 45. My Half Brother Is The Executor Of The Will. He Will Not Help My Parents Unless My Father Calls Him And Asks For His Help. (Which Is Never Going To Happen.) I Need To Cover Myself And Protect My Parents. How Do I Go About Getting Power Of Attorney? Please Help! Thanks.
I work for an elder law attorney and this is what you need to do it will probably cost a little more where you live but a POA should not cost anymore then $200.00 to get done, we charge $150.00. Consult an Elder Law Attorney who knows what they're doing have him draft the POA send it out to you so you can review it, talk to your dad about getting it signed you need one for each of them. Sometimes lawyers will come to you (mine goes to homes & nursery homes) when someone isn't mobile. The POA will enable you to make all the decesions for them while they are not able to do for themselves. You can also research online POA but do not buy one off teh internet they can be contested by your other siblings. If you have any other questions feel free to email me.
You half brother does not have POA b/c he is exec. of Will they're 2 different documents. Get your hands on a copy of that WILL and make sure it's not that old.
About Elder Care Law?
My 88Yrold Father Has Been Worrying About People Taking His Money Over The Comp And Ended Up Calling The Police A Few Times So He'S Got Dementia A Bit. But My Damn Sister (A Nurse) Brought Him To A Psych Unit Without Anyone Knowing. He Spent A Couple Weeks There And Got Meds.
He'S Now Home But My Sister Got The State Involved And He Was Assigned A Legal Guardian (Lawyer) Who Charges $5000 A Month To Pay 2 Or 3 Bills! She Was Supposed To Be Just For 3 Months And Then We Wanted To Take Over. My Older Brother Was Waiting For The Court Hearing To Allow Him To Take Over But He Called The Guardian And She Said She'S Permanent And She Didn'T Even Attend The Hearing And None Of Us Were Notified Of It!
Now We Want To Get Rid Of Her Bad, Should We Get An Elder Law Lawyer? Is That The Right Type?
Yes and yes. Good luck. When you talk to the lawyer make sure to mention the fees this "guardian" is charging, as, depending on state law, this might be illegal on its face.