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  1. Michael Wechsler

    Bank fraud

    To explain, the bank is likely claiming they have no idea whether a charge is actually authorized by you if another party presents proper documentation. Most financial institutions have protection in their agreements which state that a depositor must provide reasonable notice of fraud and that...
  2. Michael Wechsler

    Security Deposit Question about using N.J.S.A. 46:8-19 - 26 for rent

    I read that you're a month to month tenant. There are situations where people don't pay the rent and it works out for them, especially when they aren't sure to whom rent is to be paid. Now I'm not going to tell you what to do. But if you are month to month, you will not be able to stay in the...
  3. Michael Wechsler

    What are the rights that a church has from the landlord.

    All the answers above are good and I'll summarize succinctly. All your rights and remedies are contained within your existing lease. Review your lease, which contains your answers. Speaking to a landlord and tenant attorney may help but you can probably understand the most important lease terms...
  4. Michael Wechsler

    Personal Training chauffeur service

    It's okay... sometimes our members get a little frustrated when people think aloud and throw ideas up against the wall without researching or thinking through the issue. But I appreciate your trying to think outside the box and, in fairness, this idea would have seemed ridiculous until Uber came...
  5. Michael Wechsler

    Naturalization, Citizenship I got arrested for shoplifting in 2012 on Friday afternoon, kept in jail during the weekend, attend

    The following is not legal advice. Without reviewing your records, we can't even begin to provide information that would be specific to you - so let's talk generally. First, typically the issues surrounding crimes impacting immigration and naturalization issues usually revolve around crimes in...
  6. Michael Wechsler

    WALMART AUTOMOTIVE RE

    There is a concept called "mitigation of damages" which will certainly come into play. You are claiming but for Walmart's failure regarding your car, you have been deprived of being able to work at all for over an entire year and at a rate you believe you should be paid. If you want to be taken...
  7. Michael Wechsler

    Is it possible to make a 'pro se' Motion to Amend on behalf of an LLC?

    @army judge - Yes, there is removal. ;) But that isn't what a pro se federal litigant wants because it would be economically devastating to his or her case and effectively ends it. I found the discussion about the plaintiff and the history behind it. All I can say is... wow. Here is what...
  8. Michael Wechsler

    Is it possible to make a 'pro se' Motion to Amend on behalf of an LLC?

    That's not an interstate case since there is no such thing! It just means that the parties to a lawsuit are from different states. That's fine and doesn't matter at all so long as the court has jurisdiction over the defendant and over the subject matter. So the important issue is what court -...
  9. Michael Wechsler

    Evan_Jasmine Spam

    I love the Shedd Aquarium. Incredible place, as is Chicago during the summer. I had an insanely busy one as we held a conference for several hundred international people with dozens of speakers and I was the prime organizer. Enjoy the trips and fantastic photo opportunities and I will live...
  10. Michael Wechsler

    Is it possible to make a 'pro se' Motion to Amend on behalf of an LLC?

    What is an "interstate case" exactly - are we in federal court or a state court? The difference is important. I'm confused since we don't even know the underlying claims. 1) What court are we in, as in the name - federal or state? 2) You can't sue someone based upon criminal law. That's a...
  11. Michael Wechsler

    Evan_Jasmine Spam

    I'm developing some new tools to deal with this issue. Problem is that the search system wasn't designed in a way that considered soft deleted spam so that others could find it easily and additional measures be undertaken. Thanks much for relaying. Lots of law firm / legal spam, much of it now...
  12. Michael Wechsler

    Shoplifting, Larceny, Robbery, Theft Walmart needs to pay attention

    Considering the brother was not only caught shoplifting at Walmart but also passing himself off as another member of his family, one has to consider the fact that his story about having already served time for the crime may be yet another lie.
  13. Michael Wechsler

    Can you demand gifted money back?

    The reason is usually the same given on the People's Court. They just don't have the money to pay it back and were trying to find some rational, ethical reason to explain why they can just keep the money.
  14. Michael Wechsler

    Shoplifting, Larceny, Robbery, Theft Walmart needs to pay attention

    It is implied. If there was a photo then the poster would have pointed out that the people are different in the photo on the ID rather than claiming that Walmart should have been able to identify differences in signature, assuming Walmart was even to obtain a signature (e.g. such as getting a...
  15. Michael Wechsler

    Shoplifting, Larceny, Robbery, Theft Walmart needs to pay attention

    I think that the issue here is that the ID that was used was not a photo ID. Matching signatures will almost certainly not be an issue held against Walmart. I don't know that they did a horrible job with their investigation. They reported what they had to the police and it appears your brother's...
  16. Michael Wechsler

    Damage to personal vehicle

    Perhaps. Unfortunately what happens is that law firms will hire SEOs (search engine optimization experts) to try to come up higher in Google search results. Many of them aren't experts at all. Just spammers, usually from foreign countries, such as this person in India. I'll be handling it and...
  17. Michael Wechsler

    Child Abuse, Molestation, Porn sexting situation

    To begin, states have begun to create "revenge porn" laws to deal with this exact situation. This article written on our site in our Law Journal section should be of assistance, even though it is a little dated: Google to Aid Emerging Laws Battling Revenge Porn And if indeed there is...
  18. Michael Wechsler

    Can you demand gifted money back?

    The matter will go to small claims court, if at all. The "gift" issue frequently occurs / occurred on the People's Court all the time. Debtors went there because they knew that even if they lost the case, they would be compensated and that basically the appearance paid for a debt they had...
  19. Michael Wechsler

    MLS listing stated Central Air...

    I don't see how any lawsuit will be successful if the basis is solely on an MLS listing which may have erroneously stated that the home has central air conditioning. If you had an attorney who represented you on the real estate transaction, you should speak to your attorney as to why that point...
  20. Michael Wechsler

    Pregnancy

    Here's a thought that doesn't seem to have been raised but I know it's on everyone's mind. Who will provide a home, food and clothing for you, the father and the child? And there is also school that both of you are supposed to attend, full time. In terms of rights, it's sad that a child cannot...
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