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Texas Eviction Legal Advice?
I Did Not Pay My Landlord Rent In July Because He Refused To Fix A Sewer Leak, Now In August He Is Filing An Eviction Suit For Non Payment Of Rent. My Court Date Is On The Thursday The 21St, My Question Is Since It Has Been Seven Days Since I Have Been Served, Can I Still Go And Request A Trial By Jury? Thank You For Your Help.
I think you should go to a legal aid clinic where they help people with landlord-tenant issues. I have valuable advice for you from personal experience:
1) Do NOT go to court without an attorney, any attorney. There are judges who will decide against you simply for not knowing courtroom protocol.
2) Expect it to be very, very difficult to find a lawyer who practices this kind of law on the tenant side. In Texas, the laws are tilted so far in favor of landlords that almost no lawyers serve tenants because it would be a losing proposition, plus, it's more lucrative on the other side.
3) Ahead of your court date, spend a day in housing court in your county and watch the protocol in action.
4) You might want to go to court with the money for the rent and explain to the judge that you have withheld rent because the landlord refused to make a repair and it is the only recourse you have as a tenant to your knowledge.
5) Find out if there is a department of buildings and structures department with the state government and see if you have recourse to report him for refusing to make the repair.
6) If all else fails, I have an eviction on my record courtesy of the great state of Texas and let me tell you that nobody will rent to you there with an eviction on your record. They flat WON'T; you want to take the consequences of this seriously. Your better bet might be just to pay the guy, report the guy to the dept. of buildings, dept. of health, whatever, and find out if he'll withdraw the suit if you pay him in full. Make sure you get a "yes" from him in writing, then pay him, then get the confirmation from the court that the case has been dismissed without prejudice, then give notice, pack up, and just before you move, report him (possibly to the Atty general's office).
In the short run, try to find a lawyer.
Can I just say that any state in which I am in the wrong for withholding rent if the landlord refuses to make repairs is a state in which I will not live if I can help it. That essentially suggests that all the contractual obligations are on the tenant's end and none on the landlord's end.
What Are Private Adoption Laws In Louisiana.?
It Would Be A Private Adoption, As In The Mother Would Like To Sign Over Her Legal Rights To My Husband And Myself At Birth. She Has Told Us That We Would Legally Be Able To Do This, As Well As Sign The Birth Certificates As Her Biological Parents. I Am Not Sure If This Is Correct And Looking For Advice. We Are Trying To Avoid Large Adoption Costs By Hiring Attorneys And Adoption Agencies. How Can I Protect Myself As The Mother Of This Unborn Child, In The Event That 2 Years After Birth, The Birth Mother Decides She Wants To Change Her Mind. I Would Like To Have All Legal Rights And To Be The One To Make All Decisions In Raising This Child. I Have Told The Birth Mom That We Could Keep It Open And She Could Have As Much Intereaction With The Child As Possible, But I Still Want The Child To Be Protected. The Birth Mother Is Giving Her Up For A Reason And I Want To Make Sure The Child Is Safe And Well Taken Care Of At All Times. Advice Please!
Sorry you were misinformed on several counts.
It is NOT legal for adoptive couples to sign any original birth certificate in any state. That would be a lie, and it would be theft and deception to the child.
Private adoptions does not mean that large profits are not made. In fact, adoption attorneys make tons of money doing what they do. It just doesn't involve an adoption agency and there are less protections in place for all of the parties.
You say this will be an "open" adoption, yet you say you want the child to be "protected." Protected from whom? I hope you do not see the mother as a threat to the child. I'm sure the mother wants the child to be safe and protected at all times too. Would you feel comfortable sharing those thoughts with her? If not, ask yourself why not. That will be very revealing.
You say there is a "reason." Are you sure that reason isn't that she just does not have the resources to keep her family together? Most mothers really do love and want their babies. Is there anything you could do to help her since that would be in the baby and mother's best interests, instead of encouraging her to relinquish?
You make no mention of the child's father, who has rights equal to the mother's. Adoptions may not legally occur unless BOTH parents voluntarily relinquish their parental rights. One parent may not sign away the rigths for both parents, only for their own.
To proceed legally, you must follow the law every step. Original birth certificates always contain the information detailing the true facts of the birth. That means the parents are the legal parents until relinquishment papers are signed by both of them. Do not think of this as your child until that event happens. If it does, then you need to petition the court to adopt. You need to already have an approved home study completed. Then you need to wait 6-12 months until you can go to court again to try to have it finalized.
Other advice - If for some reason, you cannot adopt this baby, think of it as a good thing for the child. It's one less child who had to be unnecessarily separated from their family. There are many children whose parents' rights have already been terminated. They are already waiting for new homes. You will find them waiting in foster care. There will be little cost or wait once you have been approved to adopt. Hope this helps. Thanks for asking.
reunited adult adoptee
ETA - A few more notes after your last comment
(which was cut off before you finished):
You mentioned her rights have been terminated for her other children. Social workers usually try to place siblings together in the same home whenever possible because that is what is best for them. Parents are given a period of time to complete a court-ordered program to improve their conditions so that their families can be reunited. Does this mother need a drug treatment program or to address another issue first so that she could safely parent again? Perhaps a temporary foster care or temp legal guardianship arrangement could benefit them instead of a permanent adoption?
Hormones change during pregnancy. What a woman thinks she might feel now can totally change once her baby is here. That's the maternal instinct, nature's way of assuring that mothers will nurture their babies with love. All mothers and babies deserve a chance to be alone together before any decision can be made to tell them goodbye. If she does not see her baby, she will live to regret that. A decision need not be made right at birth. In fact, depending on your state, there may be a minimum of X number of days required first. There is no maximum. Thank you for encouraging them to take as much time as they need first. Adoption is nothing to rush into. I agree with you that I cannot think of anything worse than losing a child, let alone several. Mothers never "get over that." Ask other mothers who have walked in her footsteps. Yes, it's very painful, and it can be for the children as well. Relinquishing is an act of desperation when there are no better options available. Nobody really wants to give away their baby. We do not typically give away those we profess to love. If you do end up adopting, please don't ever tell a child "Your mother loved you so much she gave you away." Every adoptee knows that makes no sense.
When the father is unknown, efforts must be made to contact him before a final decree can be granted, such as an ad must be run in the paper where he was last known to have resided advising him of a possible adoption for his child in the event he does not claim his parental rights. You will still need a lawyer to represent you. Look for one who specializes in family law.
What To Do In A Child Custody Case?
I Have A Child Custody Case In The State Of North Carolina. However, Me And My Son Live In Pennsylvania, And His Father Living In North Carolina. I Have Primary Custody Of My Son, And His Father Was Granted With A Week Visitations. But, Every Time He Returns The Child To Me He Always Has Human Bite Marks On Him, Along With Bruises And Cuts On His Face. And Every Time I Ask Them About What Went On Down There, I Never Get A Response. And Yes, I Understand That Kids Fall And Get Bruises And Cuts. But, Some Happen To Look Like Hand Prints. I Have Brought This Up To My Lawyer, And He Seems To Do Nothing About It But Tell Me I Have To Hand My Child Over. And The Judge Has Said She Has Concerns About The Lack Of Supervision Of The Child When He Is With His Father. I Really Don'T Even Know What To Do, But I'M Tired Of Him Coming Back All Dirty And Bruised And Cut Up.
According to me, hire a professional lawyer for child custody case. I would recommend contact with Huey and Gamble Law Firm. Professional, direct, personable, and great knowledge base. The outcome is successful which is the important part when dealing with family matters especially in child custody. The staff at this office is always warm and inviting and makes us feel at home. Ms. Huey is wonderful and can always calm the nerves during this very stressful time. Very professional and efficient with reasonable prices. For more information, Visit the website
Real Estate/Estate Lawyers Answer Please?
My Grand Father Is In A Nursing Home But Owns A Home . The House Is In Need Of Repair But He Is On Medicaid/Medicare. I Know If He Passes In The Nursing Home The State Can File Estate Recovery. My Question Is If I Live In The House Can They Take It From Me When He Passes Since I'Ll Be The Current Owner. Also Under Estate Recovery In Pennsylvania , The House Cannot Be Taken From You If It'S Purchased For Fair Market Value. My Question To That Is Will It Be Sold Normally As Other Houses Are And Be Open For Negogiation Since It'S In Need Of Repairs And Has Back Taxes , What Would The Outcome Be ..
Please Help !!!!!!!!!!!!!!!!!!!!
If your grandfather passes, the home will become yours immediately only if your name is currently on the deed (as joint owner). If this happens, you will become the new owner, the home stays yours, and will not be included in the Medicaid Recovery process.
Otherwise, your grandfather's estate will pass through Probate, and his assets, including the home will be reviewed. In addition, Probate also ensures that bills to the estate are reviewed, and paid as applicable.
Pennsylvania recovers only from assets that pass through probate (which is governed by state law). In Pennslyvania, estate recovery is not a lien but is considered an unsecured claim, (an unsecured debt) against the decendent's estate.
Unsecured claims (unsecured debts) against the estate are paid in order according to priority, and it's possible that a family exemption could protect the house from the unsecured Claim of Recovery. Reading the article below, it depends on whether your grandfather was still considered "residing" at home, during his stay in the nursing home. It also depends on other factors. The Department considers its position in these situations on a case by case basis. In some cases, especially small estates, or in certain "hardship" cases, the Department can waive their claim to recovery altogether.
You may be eligible for a Caregiver Exemption. As someone who kept your grandfather out of a nursing home for at least 2 years prior to him being admitted, it is possible the home could be protected from Estate Recovery for this reason.
Also, if you have been paying bills, and property taxes, and the costs of maintenance, and repairs to the home, the Department may waive their Claim of Recovery against the house. This would be due because maintenence expenses were advanced to your grandfather, in hopes that he would return to his home after his stay in the nursing home.
Be sure to consult an attorney. Possibly make an appointment to visit your local Legal Aid office, to review your situation.
In the second part of your question, you ask about selling the home and buying it at fair market value. If bills against your grandfather's estate must be paid, and the house needs to be sold, it does not need to go to a thrid party. If someone in the family is willing to pay fair market value and buy the property from the estate, they can buy the home before it goes "on the market".
The personal represenative of your grandfather's estate should make the proper arrangements. The appraisal used to find fair market value of the property should make note of the repairs needed. When the personal representive orders the appraisal, be sure the appraiser is aware of any problems that would affect fair market value. The appraised value of the home (the value you would pay) should include making appropriate repairs. And Yes, the sale price is open to negotiation. The personal representive does not have to sell the property for exactly the appraised value. There is a range of acceptable values. The PR only needs the appraisal to protect parties from liability and charges of misdeeds.
From the Article Below:
"Many times family members are interested in attempting to keep a home or automobile in the family and wish to purchase it from the estate. Occasionally the purchaser inappropriately seeks to take the property at a bargain price, certainly something less than fair market value. The best practice for the personal representative in this circumstance, other than selling the property to an unrelated third party, is to adequately document the fair market of the asset by way of a professional appraisal. The property must be sold for fair market value. An honest, professional appraisal can help protect both the transferee and personal representative from liability in this circumstance."
Drinking And Driving Law?
If You Were To Create A New Law About Drinking And Driving, What Would That Law Be? How Would It Be Effective?
Raise the actual limit (.08 is to low and thus allows people that really aren't drunk...to be called legally drunk).
However, once the limit is raised toa reasonalbe level....get VERY serious about punishment.
Instead of a small fine and 90 day license susension, how about 1 year in prison for 1st offense.
This is how europe does it...and they have fewer drunk drivers even though they consume FAR more alcohol.
Translate Russian Legal Documents?
Looking For A Reputable Translation Agency To Translate Russian Legal Documents From Russian Into English. Translation Needs To Be Certified And Will Be Used For Immigration Purposes In The United States. Any Recommendations For An Agency With Fair Pricing And High Quality That Can Translate Russian Legal Documents Fast (Perhaps Within A Couple Days)? Do I Need To Look For A Local Translation Agency Or Can I Submit My Documents Online? As An Additional Information, My Documents Include A Couple Of Russian Birth Certificates, Russian Marriage Certificate, Russian Divorce Certificate And A Couple Of Russian Police Statements.
I highly recommend Foreign Document Translation: http://www.ForeignDocumentTranslation.co... This translation agency provides the translation of any documents, including various certificates, at a flat rate of $29 per page; the translation is completed within 48 hours and is of the highest quality.
So as you can see, certified translation of a Russian birth certificate into English for USCIS will only cost you $29 with no hidden fees or surcharges. You simply submit your documents on the website (scan or photograph the documents) and you receive the translation via email. They guarantee 100% acceptance by USCIS, so you will have no problems submitting the translations for immigration purposes. It is by far the cheapest service available, but also the fastest and of great quality.
If you have any questions, send them an email: firstname.lastname@example.org They have a Russian speaking project manager, too. So your questions and concerns may be addressed in either Russian or English.
If you are looking to translate Russian legal documents via fast and affordable way, this is your answer. And your location does not matter as everything is processed via email.