Title: October 3, 2007
Q. What is the statue of Limitations?
A. The word is spelled “statute” rather than “statue”. A Statute of Limitations is a law setting forth the maximum period of time after certain events have occurred for legal proceedings based on these events to begin. In many law systems, these legal provisions are part of the civil code or criminal code. For example, in our common law system, we might have a statute limiting prosecution of misdemeanor crimes to two years. In other words, if someone is discovered to have committed a misdemeanor offense 5 years ago, he or she cannot be prosecuted for it because the Statute of Limitations has run on that offense. The same goes for a civil case. If you have a car accident caused by someone else, you have only a certain period of time to sue that other person for any injuries or damages you suffered. The period of time you have to file a lawsuit is called the Statute of Limitations.
Q. Do you have to be an American citizen to file a Small Claims Court action?
A. No. No one will check your citizenship or immigration status to file a claim.
Q. I was personally served with an Order of Examination prepared by a lawyer to appear in Court. I just started a new job and if I take the day off to go to Court, I might lose my job. This is about an old debt that I have been unable to pay because of my unemployment. What happens if I don’t go?
A. The Court will issue a warrant for your arrest. It is a Court order and you must obey it. You need to inform your new employer that you must appear for the examination and that you do not have a choice in the matter. If you do not appear, you will eventually get arrested and brought to Court by the police.
Q. Just before our separation, my husband added my name to the home loan to help build up my credit. Now he refuses to pay the mortgage and just wants the house to be foreclosed on. I am living with my parents now, and cannot afford to pay the mortgage. What can I do?
A. You need to file an Ex-Parte Motion with the Court in your divorce action to force your husband to pay the mortgage. Time is of essence. The family residence is a community asset, and if there is equity in the house, it must be preserved in order to divide that equity fairly between the parties. Your husband’s actions are unfair and selfish.
Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661) 825-8880
Showing posts with label misdemeanor. Show all posts
Showing posts with label misdemeanor. Show all posts
Tuesday, March 24, 2009
Monday, March 23, 2009
Legal Eaze #50 Disturbing Tenant/Weird Laws
Title: July 19, 2006
Q. I am a tenant in an apartment building where I was assaulted by another tenant. I made a complaint to the police. I did not know this guy but when I talked to the landlord about him, he informed me that this guy gets drunk then goes around threatening everybody. He apparently got into a fight with another tenant who obtained a restraining order against him, so the landlord moved him to another apartment about 4 to 5 doors down from me. Now he yells at me or my wife as he goes by our place or just sits in front of our place for hours yelling at the world. Can I sue the landlord for keeping this guy around and can I get punitive damages?
A. You are owed quiet enjoyment of your apartment by the landlord. If the landlord knows this man is harassing other tenants, it is his duty to evict him. Punitive damages may or may not be awarded by a court depending on how malicious and/or despicable the landlord’s conduct is with regards to all of his tenants. Punitive damages are not always easy to be awarded and are always contingent upon the conduct of the defendant. I truly believe that this man may be an escaped mental patient and should be returned to the mental ward. Have you thought of obtaining your very own restraining order against this crazy man?
Weird laws in California:
1. Animals are banned from mating publicly within 1,500 feet of a tavern, school, or place of worship.
2. Bathhouses are against the law.
3. It is a misdemeanor to shoot at any kind of game from a moving vehicle, unless the target is a whale.
4. Women may not drive in a house coat.
In New York:
1. A fine of $25 can be levied for flirting. This old law specifically prohibits men from turning around on any city street and looking “at a woman in that way”. A second conviction for a crime of this magnitude calls the violating male to be forced to wear a “pair of horse-blinders” wherever and whenever he goes outside for stroll.
2. It is against the law to throw a ball at someone’s head for fun.
3. A license must be purchased before hanging clothes on a clothesline.
4. The penalty for jumping off a building is death.
In Florida:
1. Women may be fined for falling asleep under a hair dryer, as can the salon owner.
2. A special law prohibits unmarried women from parachuting on Sunday or she shall risk arrest, fine and/or jailing.
3. If an elephant is left tied to a parking meter, the parking fee has to be paid just as it would for a vehicle.
4. It is illegal to sing in a public place while attired in a swimsuit.
5. Men may not be seen publicly in any kind of strapless gown.
6. Having sexual relations with a porcupine is illegal.
7. It is illegal to skateboard without a license.
Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880
Q. I am a tenant in an apartment building where I was assaulted by another tenant. I made a complaint to the police. I did not know this guy but when I talked to the landlord about him, he informed me that this guy gets drunk then goes around threatening everybody. He apparently got into a fight with another tenant who obtained a restraining order against him, so the landlord moved him to another apartment about 4 to 5 doors down from me. Now he yells at me or my wife as he goes by our place or just sits in front of our place for hours yelling at the world. Can I sue the landlord for keeping this guy around and can I get punitive damages?
A. You are owed quiet enjoyment of your apartment by the landlord. If the landlord knows this man is harassing other tenants, it is his duty to evict him. Punitive damages may or may not be awarded by a court depending on how malicious and/or despicable the landlord’s conduct is with regards to all of his tenants. Punitive damages are not always easy to be awarded and are always contingent upon the conduct of the defendant. I truly believe that this man may be an escaped mental patient and should be returned to the mental ward. Have you thought of obtaining your very own restraining order against this crazy man?
Weird laws in California:
1. Animals are banned from mating publicly within 1,500 feet of a tavern, school, or place of worship.
2. Bathhouses are against the law.
3. It is a misdemeanor to shoot at any kind of game from a moving vehicle, unless the target is a whale.
4. Women may not drive in a house coat.
In New York:
1. A fine of $25 can be levied for flirting. This old law specifically prohibits men from turning around on any city street and looking “at a woman in that way”. A second conviction for a crime of this magnitude calls the violating male to be forced to wear a “pair of horse-blinders” wherever and whenever he goes outside for stroll.
2. It is against the law to throw a ball at someone’s head for fun.
3. A license must be purchased before hanging clothes on a clothesline.
4. The penalty for jumping off a building is death.
In Florida:
1. Women may be fined for falling asleep under a hair dryer, as can the salon owner.
2. A special law prohibits unmarried women from parachuting on Sunday or she shall risk arrest, fine and/or jailing.
3. If an elephant is left tied to a parking meter, the parking fee has to be paid just as it would for a vehicle.
4. It is illegal to sing in a public place while attired in a swimsuit.
5. Men may not be seen publicly in any kind of strapless gown.
6. Having sexual relations with a porcupine is illegal.
7. It is illegal to skateboard without a license.
Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880
Monday, March 2, 2009
Legal Eaze #32 Speeding Misdemeanor/ Unwanted Magazines
Title: October 12, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com or fax them to (661)825-8880.
Q. I drive a truck for a living, and I drive all over United States. I have a commercial driver’s license. I was driving my own car and was caught speeding on the 58 just past Mojave. The citation mentions that I was driving at 67 miles per hour. Is this a misdemeanor or just an infraction? I am very concerned that my commercial driver’s license will be affected and will not be able to drive a truck anymore.
A. I you were driving no faster than 15 miles per hour over the posted speed limit, if should be only an infraction. If the posted speed limit was 55 mph, it is an infraction. However, I am surprised that you would be pulled over going at 67 mph, unless the officer considered it unsafe to drive at that speed. There has been ongoing construction on Highway 58 and speeds are reduced in construction zones. If you pay the fine on the fraction within the time limit, it should not affect your commercial driver’s license.
Q. I keep receiving books, magazines and other goodies by mail which I never ordered. I also receive invoices for these books, magazines and goodies. I have returned most of them, but sometimes by error I open the package, then I don’t know what to do. Do I have to pay for the return shipping on this stuff? Ord do I have to pay the invoices?
A. You have failed to tell me whether you live alone or not. If you have children living with you, how do you know that one of them did not order these books and/or magazines? If you live alone and are absolutely sure that you did not place any orders for books and/or magazines, just return them unopened. Mark “Return to Sender” on the front of the package and put them back in the mail. If the books keep coming even after you have returned one or two, just keep them and explain that you did not order the books and magazines or goodies and will not pay their invoice nor their return shipping charges. You can write that right on the invoice and return the invoice to the company that sent it to you..
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com or fax them to (661)825-8880.
Q. I drive a truck for a living, and I drive all over United States. I have a commercial driver’s license. I was driving my own car and was caught speeding on the 58 just past Mojave. The citation mentions that I was driving at 67 miles per hour. Is this a misdemeanor or just an infraction? I am very concerned that my commercial driver’s license will be affected and will not be able to drive a truck anymore.
A. I you were driving no faster than 15 miles per hour over the posted speed limit, if should be only an infraction. If the posted speed limit was 55 mph, it is an infraction. However, I am surprised that you would be pulled over going at 67 mph, unless the officer considered it unsafe to drive at that speed. There has been ongoing construction on Highway 58 and speeds are reduced in construction zones. If you pay the fine on the fraction within the time limit, it should not affect your commercial driver’s license.
Q. I keep receiving books, magazines and other goodies by mail which I never ordered. I also receive invoices for these books, magazines and goodies. I have returned most of them, but sometimes by error I open the package, then I don’t know what to do. Do I have to pay for the return shipping on this stuff? Ord do I have to pay the invoices?
A. You have failed to tell me whether you live alone or not. If you have children living with you, how do you know that one of them did not order these books and/or magazines? If you live alone and are absolutely sure that you did not place any orders for books and/or magazines, just return them unopened. Mark “Return to Sender” on the front of the package and put them back in the mail. If the books keep coming even after you have returned one or two, just keep them and explain that you did not order the books and magazines or goodies and will not pay their invoice nor their return shipping charges. You can write that right on the invoice and return the invoice to the company that sent it to you..
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