|
|
Feedback ...
"Thank you very much for answering my question. I love your website!"
"We have enjoyed your web site and have gotten more information off of it than any others. (Plus I got a Kick
off the pictures) .Very informative and you have explained it in the basic way for even my Redneck hubby can understand".
"Well, I feel, as many other "Jail-House Lawyers" like you did a fairly good job on my brief."
I appreciate the GOOD advice. I plan to call my probate attorney to followup.
|
|
|
|
|
|
|
Monday, September 29, 2003
My fiancé is due to be released next year from FCI Morgantown after serving a 41 month sentence for violating
the Federal False Claims Act. He will be on supervised release for 3 years. He had no fine associated with his conviction
but has been ordered to pay $235,000 in restitution. We would not marry until he is on supervised release. Are there
consequences for me in becoming his wife?
I assume you are concerned about whether you take on any responsibility for paying a part of the restitution. The
restitution is a separate debt that your fiance owes. Some efforts to collect from him could affect you indirectly.
For example, suppose you have a car titled in both names, under some circumstances the car could be seized to satisfy the
debt. Money in joint bank accounts could be seized. Usually houses are owned by spouses as "tenants of the entirety,"
which means that the property is protected from creditors of just one spouse.
I have a question about Corporate Personhood, is that for real or is someone just making that up? The reason
why I asked is because while surfing the internet one day I ran across an article about this and just wanted to know if corporations
really do have the same rights as individuals. Please let me know.
When a corporation is created the law recognizes the corporation as a legal entity separate from any person. The
corporation is owned by stockholders. The corporation can buy and sell property, take on debt and sue and be sued just
as a person can. Only corporation-owned assets are liable for obligations of the corporation, so stockholders are
protected from being personally liable for the corporate obligations.
Corporations do not have all the rights of individuals. For example, corporations aren't protected by the Fifth
Amendment right to be free from self-incrimination.
Sunday, September 28, 2003
I have a neighbor who sued me in small claims court for damages to his
fence. It dealt with a tree that fell during a wind storm on his fence. I won this case.
Now the same neighbor has sent
my real-estate agency whom we have our property listed with, a letter stating that before our property can be sold we have
to take down all trees near their fence and burn a brush pile.
They also stated in their letter that we have a judgment
by the court in this matter.
There is no judgment, we won the case. This matter was never discussed.
Our property is
also under contract, these falsehoods could cause us to lose the sale.
Are there any choices we can make as far as
suing these neighbors for damages?
Your neighbor cannot require you to remove trees or brush from your property.
You can probably safely ignore the letter. If your house is under contract the buyers probably do not have grounds to
back out of the deal. If the letter causes you to lose the sale, you could sue your neighbor for interfering with a
contract. You would need a lawyer to handle that.
Thursday, September 11, 2003
While I've oft been told that a 10-round magazine is the maximum size allowable by NC law to possess/carry, I
have been unable to find the exact legislation that cites this. Additionally, what do I do with the magazines larger
than 10 that I will one day inherit? Do I have to destroy them, turn them in or keep them out of the state?
Complicated question. As near as I can tell, North Carolina does not regulate magazine capacity, but federal law
does and it applies everywhere.
A federal statute 18 USC sec. 921(a) restricts possession and ownership of "large capacity ammunition and feeding devices"
which includes a magazine that has a capacity of more than 10 rounds. Devices that were manufactured on or before Sept.
13, 1994 are not included in the ban.
According to the ATF, if the high-capacity magazines were made on or before Sept. 13, 1994, they are still legal to possess. Welcome to
the bizarro world of federal firearms regulation. The ATF website is a good place for authoritative answers. The penalties for violating federal firearms laws are Draconian. Consider contacting a local ATF office to make
sure that possession of the magazines is entirely legal. Also, nobody knows guns better than the NRA. If you had no sentimental attachment to the high-capacity magazines (do you?) you might consider selling them to a
licensed firearms dealer. Since there are only a finite number of legal high-capacity magazines available you could
get a good price and forget about all the red tape.
Tuesday, September 9, 2003
I have a bankrupcy case (chapter13) filed in 1996, it was dissmissed. Would I be able to legally request
it be removed from my credit file because is outdated info?
Probably not. If the report shows that you filed a Chapter 13 that was later dismissed and that information
is true, it can appear in your credit report for up to 10 years.
Wednesday, September 3, 2003
How does "credit repair" work?
It does not. It is a scam. Every time. The repairer will take your money and will be unable
to remove accurate information from your credit report.
I really like this question because it allows me, a lawyer, to give a clear, unambiguous answer. There is
no legal way to remove accurate information from your credit history. Most negative credit information remains on your
credit report for seven years. Bankruptcies may be reported for 10 years.
If there is innacurate information in your credit report, you don't need a credit repairer to get that corrected.
You just need to write the major credit reporting agencies that you dispute certain debts. The agency must then investigate
and respond. Here is a downloadable brochure with sample letters and addresses of the three major credit reporting agencies.
6:38 am pdt
|
|
|
2011.01.01 |
2010.12.01 |
2008.10.01 |
2007.11.01 |
2007.10.01 |
2007.07.01 |
2007.03.01 |
2007.02.01 |
2006.12.01 |
2006.09.01 |
2006.08.01 |
2006.07.01 |
2006.06.01 |
2006.04.01 |
2006.03.01 |
2006.02.01 |
2006.01.01 |
2005.12.01 |
2005.11.01 |
2005.09.01 |
2005.07.01 |
2005.06.01 |
2005.05.01 |
2005.04.01 |
2005.03.01 |
2005.02.01 |
2005.01.01 |
2004.12.01 |
2004.11.01 |
2004.10.01 |
2004.09.01 |
2004.08.01 |
2004.07.01 |
2004.06.01 |
2004.05.01 |
2004.04.01 |
2004.03.01 |
2004.02.01 |
2004.01.01 |
2003.12.01 |
2003.11.01 |
2003.09.01 |
2003.08.01 |
2003.07.01
|
|
|
|
|
|
|
Important fine print
The owner/operator
of this website is Bryan Gates, an attorney in Winston-Salem, N.C. E-mailing a question to a website (even
a cleverly designed website) is no substitute for live, in-person contact with an attorney if you have a legal problem. In order to avoid legal troubles of my own, I cannot answer questions about the laws
of states other than North Carolina. For more information about The Law Guy,
check out:
www.attorneygates.com
General information
Search this site
|
|
|
