On Tuesdays and Fridays, attorney Joe Escalante answers legal questions for free on the LegalZoom Facebook Page. Did you miss the last Free Joe? Don?t worry. We?ve got it all right here.
Elliott: How do you form an LLC using a PO Box? My town is small, so we only have a PO Box for a USPS mailing address.
Joe Escalante: This is an issue that the Secretary of State in your state will govern. You can actually call them and ask them which option is best so your application doesn?t get rejected. I call them all the time. They actually answer the phone.
Howard: Question. We registered our trademark with Legalzoom last year. I have noticed that there is a company in Arizona that has a name similar to ours (us-Nosh Creative & them ? Nosh Marketing). They offer similar services that overlap into our uspto registered code ? 42. Should we send them a personal email asking them to cease and desist or get a lawyer involved to send a more official notice? Thanks!
Joe Escalante: Boy do I have a fifteen dollar document for you. http://www.legalzoom.com/legalforms/tm-cease-and-desist-package.html Legalzoom thinks of everything. This should do the trick. If not, get back to me.
Manda: question: how long do you have to be a resident in illinois before you can file for a divorce??
Joe Escalante: I believe it?s two years in Illinois for an irreconciliable differences disolution of marriage. However, if both parties agree, it can be waived, but the couples must be legally separated for at least 6 mos.
Joneb: What makes an employee designated as full-time?
Joe Escalante: This is not a legal issue. It?s something determined by employers. I call 40 hours full time, but the French call that slavery.
Susan: My husband and I have been seperated for over a year with a written agreement that he will pay child support for our son and pay monthly mortgage payments on our home. This year he has suggested that I claim our son on my income taxes instead of him, which he has always done. I am fearful this will have a reprecusions when we go for divorce. What do you think?
Joe Escalante: I agree. You need a consultation with a divorce attorney in your area. Husbands have been known to perpetrate shenanigans in these kinds of situations. Check out the links below. This is important.
LegalZoom: Here?s the link for Attorney Connect, Susan: http://attorneyconnect.legalzoom.com/?cm_mmc=social-_-fb-_-freejoe-_-na
Rebecca: I live in WI and my father passed away with no living will, he owned his house and family belongings before he met his wife, Do my sister and I have any legal rights to his stuff prior to his marriage? We would like pictures, and some items that at one time belonged to my Grandparents? and can we make her sell the home? What are my sister and I?s rights with his belongings?
Joe Escalante: This stuff is governed by Wisconsin?s laws of intestate succession. From what I can find in 852.01 in the Wisconsin applicable code, you get the following:
2. If there are surviving issue (kids) one or more of whom are not issue of the surviving spouse, one?half of decedent?s property other than the following property:
a. The decedent?s interest in marital property.
b. The decedent?s interest in property held equally and exclusively with the surviving spouse as tenants in common.
Susan: At what age in the state of new york can you move out of yor parents house?
Joe Escalante: Actually, I believe emancipation does not automatically occur in New York until you are 21. There are exceptions, like joining the military. These laws are generally in place to make sure parents are supporting their kids and not so much to decide when you can run for your life from annoying old people. If you are 16 or older and work full time and support yourself, you can get an emancipation order from the court and be on your way.
Lacey: If my ex husband terminates his rights to our child would he still have to pay child support?
Joe Escalante: This would depend on the jurisdiction and the judge hearing the matter. The court would frown upon someone terminating their rights just to save money for more beer. However, if it is involuntary, then it might be unjust to be stuck with a bill for a kid you can?t control. What about abuse? Can you abuse a kid for the sole purpose of losing parental rights to save money for more beer? Probably not. So it depends. People hire lawyers to fight this out.
Darnell: to get a no fault divorce how long does itr take in pa.?and does it cost anything?
Joe Escalante: To get a no faul divorce 90 days from commencement of an action and an affidavit has been filed by each of the parties evidencing that each party consents to the divorce.
Irretrievable breakdown- If the parties have been living separate and apart for a period of at least two years and the marriage is irretrievably broken and the defendant has either:
a) Does not deny the allegations as set forth in the affidavit.
or
b) Denies one or more of the allegations set forth in the affidavit but, after notice and hearing, the court determines that the parties have lived separate and apart for a period of at least two (2) years and that the marriage is irretrievably broken.
If it?s non-contested, you could perhaps represent yourself ?pro se? and save some money. Check out Legal Zoom?s divorce services. Many of my unhappy friends became seemingly happier after using Legalzoom. Click Below:
LegalZoom: Here?s the link, Darnell: http://www.legalzoom.com/legal-divorce/divorce-overview.html?cm_mmc=social-_-fb-_-freejoe-_-na
Lori: I am interest in buying a piece of property in Texas. The property was left to adult children, and never has been divided. There are 13 people who have an interest in the property. Some want to sell, and some do not. If the majority want to sell, is it a majority rule situation? Do all parties have to agree to sell in order for the transaction to take place?
Joe Escalante: This calls for a ?forced partition sale.? If someone wants to sell, they file for this in court. The judge orders a sale, or the settle on some other arrangement to avoid the forced sale.
That?s what we do in California. I once had to threaten one to get a family to let a woman disgourge herself of her personal property so she could enter the convent. So I have that going for me. Which is nice.
Janice: Hi Joe, I switched from cable tv to direct tv last sept. 2 guys came out to install. One said he was the regular guy training the other one. When they left my flash drive on my computer was missing. I know it was there when they arrived because I was using my computer. The ?trainee was the only one out of my site at any time. Since then I have talked to Direct TV many times. It turns out they contract out the labor to Mastec Advanced Technologies. I have only received the badge number of one technician and no answers for the other ?trainee?. No answers or call backs from either company and no answers when I call. They both say someone will call me back. That drive had 3 years of my tax returns so I have had identity theft protection since. I want some answers now. Where should I turn? Please help so this doesn?t happen to anyone else.
Thanks,
Janice
Joe Escalante: You can file a police report, or a lawsuit for your damages, or both. In civil court you can only recover damages that are certain and provable. That really limits you here. I would at least make a scathing Yelp.com review. That sometimes gets their attention. BBB is also an option.
Joni: Hi joe-my son filed a misdemeanor battery charge and got notice of a court date that he will not be able to make. we live in illinois and he moved to California. He would like to continue to press charges but there is no way he will be able to fly back for the court date. If we hired an attorney, could he represent him and thus my son would not have to be present? The accused person has admitted to the charges to the police. Thanks-Joni
Joe Escalante: Check with the court?s clerk and see if they will let you give testimony in some other way. Perhaps by video conference or telephonically. This is acceptable for some proceedings but unacceptable for others. The accused as a right to confront his accuser. If the accuser doesn?t show up, in most cases his testimony cannot be admitted because there needs to be an ability to cross-examine him. Let the court clerk know your issues.
Jeffrey: I am working on a Letter of Intent (LOI) to license with a commercial footwear company. Once signed, how binding is the LOI for both parties re the financial obligations detailed in the LOI? Is there legal recourse for nonperformance or does that need to be outlined in the LOI?
Joe Escalante: The LOI is going to be enforceable to the extent it would be considered a fair contract by a court. State breach of contract laws would govern nonperformance. You don?t have to list everything.
Born to Win: If you are subpoena to court but u cant miss work what can you do about it???
Joe Escalante: Contact the court clerk and tell them your issues. If you blow it off, you will be held in contempt of court and could be arrested.
Winning.
Harold: Hi Joe
I have a tenant that moved out and left some of thier belongings what are my legal remedies for disposing of her stuff I am located in Massachusetts
Joe Escalante: According to Mass. Code ? 239-3 and -4At least 48 hours before executing a writ of possession, the executing officer must give the tenant written notice of the specific date and time that he will physically remove his personal possessions.
Among other things, the notice must state (1) the name, address, and telephone number of the storage warehouse and (2) that the warehouser may sell at auction any property that is unclaimed after 6 months and may the proceeds necessary to compensate him for any unpaid storage fees accrued as of the date of the auction. A defendant has the option of telling the officer where to store the property at any time before it is physically removed.
The landlord must pay the removal fee, but he is entitled to reimbursement from the tenant.
The warehouser has a lien on the property equal to the cost of storage. After the property has been stored for at least six months, the warehouser may enforce the lien by selling or otherwise disposing of the property. The defendant may postpone the sale or disposal of his property for three months upon payment of one half of all storage fees plus costs reasonably incurred in preparation for their sale.
Denise: HI, i asked this question awhile back, but how i can evicted a person who is renting on a month to month , but no lease,& can you give me any suggestion on a legal way of doing it? like a reason if they ask for one?
Joe Escalante: Send a 30 day notice to vacate. That?s what month to month is all about.
Running Wolf: If a man owes for Child support for a child that is not his how could this be settled. Especially since paternity wasnt established. The man was in prison.
Joe Escalante: If he was married to the mother when the kid was born, there is a legal presumption that he is the father. Call the family law clerk in your area and get the petition process going.
Everett: Hey Joe, I was wondering if there are any negative differences between a primary and secondary term servicemarks [for already defined terms], in terms of being able to legally defend my mark.
Joe Escalante: Yes. Marks listed on the Supplemental Register do not get all the benefits of those on the Principal Register so you want to petition to get your mark on the Principal Register as soon as they qualify.
Judy: I have a direct deposit from a small pension left to me by my deceased husband. My present husband has two loans from the same bank. If he defaults on in loan, can they take my money?
Joe Escalante: Not if it is considered separate property in your state.
Clay: What are the obligations of warranty, either labor or material, from a company that discontinues operations?
Joe Escalante: You have no one to go after unless they are assumed by another entity. You could try to ?pierce the corporate veil? if you feel their coporation was a sham to protect their personal assets from harm they negligently caused, but that would cost millions in legal fees.
Anita: If u start paying ur mortage again after 5 months can they still forclose
Joe Escalante: It depends on the terms of the mortgage contract. You need to actually read it. I know it sounds crazy, but you have to.
LegalZoom: Another Free Joe Tuesday in the can! If you?ve already posted your question, hang tight?Joe?s still working on them. Otherwise, come back and join us on Friday for more free legal advice. http://zoo.mn/FreeJoe
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