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Are there any special requirements to bring suit under FS

Are there any special requirements to bring suit under FS 327.33? Does the person need to be convicted of it first? What is the statute of limitations for the civil action?

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Legal Eagle

Attorney

Doctoral Degree

2,520 satisfied customers
I got in trouble in las vegas about a month ago for slapping

Hey, I got in trouble in las vegas about a month ago for slapping someone in the face. I don't even know who. I was given drinks by this strange man who kept buying my drinks and food etc. eventually I got weird vibes from him. he said just take one more shot before you go. I took the shot blacked out and next thing I know is I'm inside the cosmopolitan detain station . they charged me with batteryJA: What state are you in? It matters because laws vary by location.Customer: I live in California but the state was NVJA: Has anything been filed or reported?Customer: they gave me a violation letter saying my court date and misdemeanor charge for batteryJA: Anything else you want the lawyer to know before I connect you?Customer: no how long until he reaches me

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Ray

Lawyer

Doctoral Degree

42,574 satisfied customers
I have a final divorce decree that was signed by the Judge

I have a final divorce decree that was signed by the Judge on December 28, 2016 directing my ex to deposit the settlement amount into his attorney's escrow account and then his attorney is to write a check to me for the amount. He had 30 days to do this. The 30 days has passed and they are now demanding that I sign a form from Fidelity (where his funds are) authorizing them to make an IRA to IRA transfer. The Fidelity form specifically states that a certified copy of a final divorce decree ordering such to be attached in order for them to make the transfer. Opposing counsel never asked for a QDRO or an IRA to IRA transfer, and now is appear my ex is upset about the tax consequences to him. How can I get the court to enforce the final divorce decree?JA: Because family law varies from place to place, can you tell me what state this is in?Customer: GeorgiaJA: Has anything been filed or reported?Customer: no. Opposing counsel requested a consultation phone with the Judge, which did happen. Can the Judge modify the final divorce decree? Would opposing counsel need to file a motion to modify it?JA: Anything else you want the lawyer to know before I connect you?Customer: We had a savings account with sufficient funds to pay the order amount at the time of separation. Temporary order from the court froze all accounts. My ex drained the account (from $142K to $1K) clear,ly in contempt of court but no one would do anything. Now he wants to keep 100% of the post-tax money and give me 100% of the pre-tax funds. He is over 59 1/2 and I am under 59 1/2 and would be accessed an additional 10% penalty when I withdraw the needs funds....I live in a small town community and the attorneys are close family friends and my attorney is stuck in the middle. After the phone consultation with the Judge, she sent an email to both attorneys stating that she did not intend for one party to have 100% of the burden of taxes. Opposing counsel is bullying me saying that her comment clearly indicates that I am to receive 100% pre-tax funds.

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Gerald, Esq

Juris Doctor

7,108 satisfied customers
My son was sent to prison and the judge said in his rulings

My son was sent to prison and the judge said in his rulings that the witness was not crietable due to her lying on the standJA: Because laws vary from place to place, can you tell me what state this is in?Customer: iowaJA: Has anything been filed or reported?Customer: just by DHSJA: Anything else you want the lawyer to know before I connect you?Customer: that there was never any evidence and he was convicted on hearsay and that the judge through out all of our evidence that showed that he was innocent

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Zoey, JD

Doctoral Degree

34,304 satisfied customers
I have a Visitation case that I am doing pro se. In it, I

I have a Visitation case that I am doing pro se. In it, I need to ask the Judge to Order counseling between my daughter (14) and myself. I am using the Order Modifying Parent-Child Relationship order from texaslawhelp.org. line 6E Other.Also, if my ex is held in Contempt, do I need an Order to establish Custody for myself while she is in jail? The order states "Conservatorship Order: Parents Appointed Conservators" which is fully incorporated into this Order for all purposes. But above this the instructions state "Check one box and attach the appropriate Conservatorship Order."

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Ely

Counselor at Law

Juris Doctor

69,106 satisfied customers
I was convicted of vehicular manslaughter in 1990 in the

I was convicted of vehicular manslaughter in 1990 in the state of Michigan. I am 67 years old and would like to work and be productive. Every time I check the yes box regarding being convicted of a felony, I never receive a response. Case in point, I now live in Ohio and applied for a job at Kroger in Findlay, OH. This time I did not check that box. I was interviewed and hired based on my character and attributes. The background check came in after approx. 3 weeks after training and working, needless to say, I was dismissed. What I did was prove that I am still being discriminated against after 26 years. I can't have the conviction based on Michigan law. Do I have any options I can take?JA: What state is this in? And can you tell me a little more about the charge?Customer: It happened in Canton, MI. I was coming home from a pre-season football game. At approx. 2:00 am, a young man stumbled into the left turn lane, he was under the influence of drugs and alcaholJA: Has anything been filed or reported?Customer: I went through the court system. I had been drinking as well, so I was found guilty. Due to the circumstances of the case. The judge who handled the bench trial, sentenced me to 5 years probation and 1 year on a tether. My lawyer checked into the expunging and found that Michigan law would not remove the conviction from my record. It's been 26 years and I am still being punished. I did not go to prison and based on my probation officers recommendation I was removed from probation and the tether ahead of time by the judge.JA: Anything else you want the lawyer to know before I connect you?Customer: I live with this tragedy everyday of my life. I have not been in any trouble with the law all this time. I can't express how deeply I know that what happened affected a lot of people and am so sorry for all this. I paid my debt to society and would like to move on and be productive and feel good regarding my remorse. It just won't go away, I am a good man, understanding that bad things happen to good people, I just want to feel normal.

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P. Simmons

Attorney

Doctoral Degree

38,060 satisfied customers
My Mom is being brought up on fraud charges from her time

Hi My Mom is being brought up on fraud charges from her long time desceased boyfriend daughter that never spoke to him for years. This started June of 2015 We just now got the court date and the discovery from the prosecuter and all the statement she made are false. She said my mother was stealing her fathers drugs and alot of other things like that. Is there anything we can do about these false statements?JA: Because consumer protection law varies from place to place, can you tell me what state this is in?Customer: New JerseyJA: Has anything been filed or reported?Customer: Yes on the police reports are also lies and all over the discoveryJA: Anything else you want the lawyer to know before I connect you?Customer: no

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LegalKnowledge

Juris Doctor

35,970 satisfied customers
I am in a civil contract debt law suit, in Texas and will

I am in a civil contract debt law suit, in Texas and will more than likely lose on unjust enrichment.My question is can I shorten the process save opposition legal fees, I am pro se, by filing a motion for summary judgement?Synopsis:at real estate closing Title Company knowingly issued a check to me without paying off lienholder, I took that money paid my debt to the IRS, since then the Title Insurance Companyhad to payoff my lender. I have no non exempt property, I have offered to payback over time but no reply, bench trial is in one month.Barry

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

116,596 satisfied customers
I had a business chapter 7 bankruptcy in 2012. The

I had a business chapter 7 bankruptcy in 2012. The bankruptcy attorney filed a suit for default judgment claiming fraudulent transfer. I do not have the money to defend even though his findings are false. If this ends up a default judgment is it considered a civil suit. Also if I file a personal chapter 7 bankruptcy, will I be protected from this judgment.

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KJL LAW

Juris Doctorate

2,360 satisfied customers
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