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Recent Affirmative Defense questions

Can I sue my attorney? Three years ago I was convicted of a

Can I sue my attorney? Three years ago I was convicted of a dui with a .09 bac. Because I had a minor with me, I was also automatically charged and convicted of child abuse. I had drank less than 1 - 16 oz. beer. I had a tooth extracted the week before the dui and I still had a partially healed pocket in my gum. I believe I was retaining fluids in that pocket and that was what caused me to fail the breathylzer. I could drink tomato juice and taste it for 2 days.When I relayed this to my attorney, his response is "no judge is going to buy that. You can't afford me to take it before a jury or pay for an expert witness (dentist)." He advised me to plead guilty and take my licks. My licks included a 30 day jail sentence for the child abuse conviction. I asked my dentist if the tooth extraction could leave a pocket causing me to retain fluids. His response was "absolutely".I lost my job when I was in jail. I have since not been able to get another job because of this conviction on my record. I was an IT professional. I can't even get a PT job at Bojangles.Is there any hope that I can get this off my record? Because I pleaded guilty, I understand that I cannot possibly have this expunged from my record.I believe this was incompetence on my attorney's part for not allowing me to plead not guilty. Can I sue my attorney?

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ScottyMacEsq

Doctoral Degree

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I currently reside in a fully occupied rooming house, which

I currently reside in a fully occupied rooming house, which is currently established in a residential single family home in the suburbs of Mercer County, NJ. I reside in this rooming house with three other tenants (i.e. we each rent individual rooms of the house, and do not rent the house in its entirety). Neither the landlord, nor her adult children, currently reside at the rooming house, but she allows her children (and their friends) to access to the house and its backyard pool at any time they deem appropriate, without prior notice or consent of the tenants in the rooming house. Her children have keys to access the inside of the home, so they cannot be prevented access by locking the doors. Her children and their friends disrupt me and other tenants by bringing their dogs, playing loud music, and throwing parties which have more than 20 people who are unknown to the tenants of the rooming house. Furthermore, due to ongoing conflict between the tenants and the landlord's children, the tenants do not feel comfortable being present at the rooming house when the landlord's children are present. Two of the tenants have reason to believe that their cars were damaged by party members, in retaliation for requesting that music is turned off in late hours (past 11 pm), but there exists no recorded evidence of the event so the police were not able to help. One of the tenants was verbally threatened to physical harm (unarmed fight) by one of the party members who was present in the kitchen of the rooming house.The landlord has been told of, and involved with all but one of the above situations, and is perceived to be acting solely in the interest of her children and friends, not the tenants of the rooming house, in the situations aforementioned. The landlord has not been informed about the car damage because she displays unwavering loyalty and trust to her children and friends who access the home, and becomes irrationally argumentative if any negative claims are made toward her, her children or the people who associate with her children.She claims to have consulted an attorney with regard to my complaints of noise and house access. She claims said attorney gave her counsel and confirmation that she has the full right of law to access the house, and allow non-tenants access and use of the house and property at any time, for any reason, so long as they do not access the individual units of dwelling space (bedrooms) rented to the tenants of the house.I have suspicions that these claims are false, and I have reason to believe that the landlord is operating this rooming house illegally (i.e. without a valid permit). If she is operating the house with a valid permit, I am certain that she is not following all of the rules outlined in N.J. Stat. § 55:13B-1 (2014) "Rooming and Boarding House Act of 1979." and N.J.A.C. 5:27 (2014) REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES. However, neither document specifies the rights of the tenant or landlord with regarding access to the home and its amenities by non-tenant persons without notice or consent of the residing tenants.I have tried to do my own research, but I am not able to find the information that I need. Any and all help in this situation would be greatly appreciated. Specifically, I need to understand what the law says about access to a rooming house (keys), use of the rooming house (kitchen, living room, bathrooms, etc) and its amenities (back yard pool) by the landlord, relatives of the landlord, friends of the landlord, and other non-tenant persons. Also, if possible, access to any legal documentation that I can read to understand the rights of all persons involved (such as http://www.nj.gov/dca/divisions/codes/codreg/pdf_regs/njac_5_27.pdf)

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Sam

Attorney

Doctoral Degree

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31,584 satisfied customers
The defendant files Answers and Affirmative Defenses. Then

The defendant files Answers and Affirmative Defenses. Then files revised Answers and Affirmative Defenses without following the three requirements of section 10-60 of the CT Practice Book.After 5 months plaintiff files a motion for summary judgment along with an objection to the improperly filed revised Answers and Affirmative Defenses.How can the defendant respond to the objection to ensure that the court does not reject the revised Answers and ADs?

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AttyHeather

Attorney

Juris Doctorate

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592 satisfied customers
The state of kansas got a judgement and lein against me .00

The state of kansas got a judgement and lein against me for 7500.00 in state taxes for 2000 and 2001 the lein showed up on my credit in 2010 I spent several months getting documents together to prove I didn't live in the state and paid my taxes to a different state my lein was then marked as paid I have called 2 times a year for the last 6 years trying to get the judgement removed today I was told they will not dismiss it because I took to long to prove I was not guilty of owing them money is this legalWhy didn't they have to show income in their state to get this judgement and why are they allowed to punish me for not getting them the information 9 and 10 years later plus the also got 1000 of my taxes in 2010 which wasn't due them and also wasn't returned?

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Delta-Lawyer

Doctoral Degree

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6,072 satisfied customers
1. I am an independent contractor. My contract was signed in

1. I am an independent contractor. My contract was signed in South Carolina on 3-16-16. I now live in New Jersey. There were two partners at the time. A Joe and Alan. On my contract it states that Joe would sign, however Alan signed. Joe is no longer a partner. Alan the one that signed the contract is the sole owner now, and did sign the contract. Because Joe's name is ***** ***** sign, and Alan signed is that a problem?2. The Company is contracted to pay me $900.00 a week. As of 3 weeks ago, Alan has only sent me $450.00 and sent an email with new terms because of financial problems since Joe is no longer financing the company. I have insisted that I will not agree to that, however he is still sending that amount. I have emails stating that I am taking the money as a payment toward what the Company owes me. The contract has a termination clause which is= the Company needs to give me 30days written notice of termination, or I can quit at will. I am not sure that if trying to change the contract to pay me a lesser amount is constructive breach of the contract and that he owes me 30 days worth of pay? Do I continue to do the work and sue him when it is the amount of $5000.00? Do I stop working? Or do I work it out with him, and write a statement addendum to the contract that says you are on a payment plan and this is the dollar amount you will owe at a set date or services will cease? Will that then negate the contract altogether? I am not sure how to proceed?3. Also, I am a course administrator for this ON-line Course provider, and there is a non-compete for 3 years. How does this affect me if I move on in the same industry of creating courses for other On-Line companies in Cosmetology? Can I be sued? Can I work in this industry as a course creator and marketer if I am independently contracted and not the actual business owner?Thanks,Lorraine

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Ely

Counselor at Law

Juris Doctor

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62,688 satisfied customers
I am in a middle of a lengthy civil litigation. I just

I am in a middle of a lengthy civil litigation. I just noticed that attorney for the opposing party, had submitted exactly the same document (like a carbon paper copy) as two different motions ( one is 11 month apart from the other) The first is “Proposed Verified Amended Answer, Affirmative defense and counterclaim” the second is amended answer to one of our multiple motions. The ‘funniest” thing is that his second motion had prevailed.I believe it's not right to recycle the same document as two different motions.How can I use this instance to my advantage?My current lawyer is reluctant to raise this issue in court. Apparently, he doesn't want to jeopardize his good relationship with the adversary.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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17,622 satisfied customers
When you have a line of credit with Dell financial opened in

when you have a line of credit with Dell financial opened in 2006, defaulted on it in 2009 and they sold the contract and its now in collections but says opened on 2013. Where do I stand in a situation like this

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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45,462 satisfied customers
I received a complaint where a family member is suing me for

I received a complaint where a family member is suing me for $47,429.03. This amount is not valid as the morjority of this amount is simply made up. I must answer this complaint by tomorrow and initially thought I would be fine to answer myself. After reading some online articles, I'm concerned about the information contained within my answer may work against me if not properly formatted. Any advice?

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Dwayne B.

Juris Doctor

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34,648 satisfied customers
I'm in Texas. I am being sued in the JP court and slander on

I'm in Texas. I am being sued in the JP court for harassment and slander on social media by boyfriend's ex-wife. She stated that I caused her too lose business and caused physical health issues. She does not state specifically what I posted to slander (libel).However, I have not made posts that included her name. But her on the other hand, she has tagged me in a post that says I slept with her ex-husband. She has shared posts from my page and made rude statements and cursed me out. She went our gym showing my profile picture to members saying I slept with her ex-husband and his best friend. She sent a picture of a gun to my boyfriend stating that its going to be me and her if I don't stop posting on Facebook. She text me with threats. She in boxed me on messenger with threats. We were in a retail store and she started talking really loud and saying I slept with her ex husband and his best friend. The list goes on. I have plans to file an answer with a general denial. But are there any other defenses that I could plead?

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Dwayne B.

Juris Doctor

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34,648 satisfied customers
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