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Ask Judge Mathis — July 19, 2013

Posted on: July 18th, 2013 Comments Off

Yes, Beth, you can. If your boss made unwelcome sexual advances or requests for sexual favors and threatened your job if you refused his advances, you definitely have a case against him or her. You could also have a case if the pass itself made you feel uncomfortable at work. For example, if your boss’s comments interfere with your ability to perform your job (i.e. you were so distressed that you could not perform your regular work duties), or create a hostile, intimidating or offensive work environment (i.e. your boss continues to make sexual remarks about you), your employer may be liable to you. The court will look at everything surrounding your boss’s comments and the effects the comments have had on you to determine whether a reasonable person in your position would have found the comments offensive, hostile and abusive.

Job Said There’s “No Work” & Laid Me Off – They’re Still Hiring! Can I Sue?

Posted on: July 18th, 2013 Comments Off

Question: I was upfront and honest about my felony convictions when I was trying to get a job and was hired by a company that I stayed with for over 3 years. I was laid off 3 1/2 yrs ago, I wasn’t fired – just laid off because of lack of work. But the company has and is still continuing to hire! Can I take them to court for discrimination?

The Judge’s Answer: No. Not unless they discriminated against you because of your race, gender or religion.

Ask Judge Mathis — July 18, 2013

Posted on: July 17th, 2013 Comments Off

No. Sexual harassment occurs when a boss makes unwelcome sexual advances or requests for sexual favors and the employee’s submission to the conduct is made a term or condition of employment, or the conduct creates an intimidating, hostile, or offensive employment environment. However, to avoid the employee making false claims against you, I would decline his offer.

Would Like To Take My Child Abroad But Biological Parent Refuses – What Can I Do?

Posted on: July 17th, 2013 Comments Off

Question: Judge, I want to travel with my minor child to Germany, but her father refuses to give his consent. We have never been married and outside of court ordered child support, there has been no other specifications regarding our daughter’s care. What other options do I have to be able to travel with my daughter? My husband and I plan to take several trips in the upcoming years and I want my daughter to be able to experience other cultures. I have tried without success to come to some sort of agreement with her father.

The Judge’s Answer: I don’t know if you have a custody agreement, but I STRONGLY suggest that you get the court’s permission before taking your child out of the country, even on vacation. The court can grant you permission, even if your child’s father refuses.

Ask Judge Mathis — July 17, 2013

Posted on: July 16th, 2013 Comments Off

Yes, if you suffered a foreseeable psychological injury as a consequence of your mother’s actions and the psychological injury was so serious it resulted in emotional problems, you may sue her for emotional distress.

My Daughter-In-Law Stole My Money!!

Posted on: July 16th, 2013 Comments Off

Question: I put my daughter-in-law on my checking account to pay my bills for me because I was working a lot. She took money out of my account without my knowing. Can I get my money back?

The Judge’s Answer: You can sue her if she exercised unauthorized control over your money. You must prove your agreement with your daughter-in-law or that she breached that agreement and used your money for her own benefit.

Ask Judge Mathis — July 16, 2013

Posted on: July 15th, 2013 Comments Off

Truthfully, JC, you should serve both of them. Hopefully your tenant will comply with the lease and get the illegal sublessor out of the property. If that does happen, then you can decide whether or not you want your tenant to stay. If your tenant does not comply with the lease, then you will be forced to take him to eviction court which will also force the illegal sublessor out of the property.

Are The Police Required To Give Me A Copy Of The Search Warrant?

Posted on: July 15th, 2013 Comments Off

Question: I live in Los Angeles and the police came to my home, handcuffed me and my sister and searched the house. This was as a result of my son, who lives with me, being arrested right before they came to my home. I have requested a copy of the search warrant for over a month to no avail. Isn’t this information on public record? They won’t give me the warrant number either. Aren’t the police required to give me a copy of the search warrant?

The Judge’s Answer: In the state of California, there is no state statutory nor constitutional rule requiring that searching officers show the suspects the warrant, the affidavit to the warrant, or a copy of either, or that a copy of either be left at the scene after the search.

Ask Judge Mathis — July 15, 2013

Posted on: July 14th, 2013 Comments Off

No. The rehab facility is not liable to you because you could not stay sober.

Clip of the Week — July 15, 2013

Posted on: July 14th, 2013 Comments Off

My Friend Blew My Truck Engine & Refuses To Pay For It!

Posted on: July 12th, 2013 Comments Off

Question: Your Honor, I loaned a guy my pick-up truck so he could make a delivery. He blew the engine and refuses to pay for the damages. I’ve asked him for over a year and he still has not paid a penny! Am I within the time limits and have I got a case to sue for the damages?

The Judge’s Answer: Yes. You have 4 years from the date of the damage to file a claim for property damage. But you will only be successful if you can prove that your friend committed an negligent or intentional act that caused the damage to your vehicle. The fact that your friend had the car in his possession at the time of the damage is not enough.

Ask Judge Mathis — July 12, 2013

Posted on: July 11th, 2013 Comments Off

Yes, if the so-called charity made false statements and based on those statements you decided to make a donation, you can definitely sue them to recoup the money you donated. However, in order to sue the charity, you must locate and serve them with your complaint. If you are unable to find them, you may be able to hire a private investigator to locate the charity. You can only receive a judgment against the so-called charity if you serve them with a copy of your complaint. Some courts allow substitute service and service by publication if the Defendants are evading service. However, you cannot collect on a judgment if you don’t know where the Defendant and the Defendant’s assets are located. If you know the name of the person to whom you gave the money, but the name of the “charity” is factitious, you can sue the actual person to whom you gave the money by naming that person and the name under which he or she was doing business, i.e. the name of the “charity.”

Can She Quit Her Job Just To Get More Alimony From Me?

Posted on: July 11th, 2013 Comments Off

Question: I’ve been separated from my wife for 2 years and I filed for divorce 10 months ago. In those 2 years I’ve been paying her $580 a month to cover rent for she and my son. She’s recently threatened to file for alimony and said that she’s quitting her job and expects me to pay for EVERYTHING until our divorce is final! I’m still going to continue to pay towards the support of her and my son but I told her that I can only pay $400 because my monthly obligations have changed. Am I going to be obligated to pay her alimony too?

The Judge’s Answer: In determining whether or not to grant a party alimony the court looks at whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay alimony or maintenance.

Ask Judge Mathis — July 11, 2013

Posted on: July 10th, 2013 Comments Off

No, he can’t, since the statute of limitations has elapsed on his claim. Even though your friend was a minor when he endured the physical abuse from his mother, he had to file his claim within one to two years of turning 18, depending on the state where he resides. If your friend failed to file the claim within the statute of limitations, his claim is barred.

Father Wants To Stay Close To 6yr Old Son

Posted on: July 10th, 2013 Comments Off

Question: Judge Mathis, my ex-wife is planning on leaving the state with my 6 yr old son. Is there anything I can do to stop her from relocating? My son and I are inseparable when we are together and it would crush the both of us!

The Judge’s Answer: You can file a petition and motion with the court to block the relocation and serve the petition and motion to your ex-wife.

Ask Judge Mathis — July 10, 2013

Posted on: July 9th, 2013 Comments Off

Thanks for your question, Terinei. You can actually file one lawsuit naming all the perpetrators.

How Do You Divorce Someone That You Can’t Find?

Posted on: July 9th, 2013 Comments Off

Question: Judge, I filed for a divorce and had the sheriff serve my ex at his sister’s house but she told them he never lived there and that he is now staying in Las Vegas! What can I do?

The Judge’s Answer: You can serve your husband through the county sheriff where he resides or you can serve your husband through publication in a named newspaper that is most likely to give actual notice to your husband of the divorce action.

Ask Judge Mathis — July 9, 2013

Posted on: July 8th, 2013 Comments Off

If your daughter’s teacher made false statements about your daughter that prevent her from making the team, you may sue your daughter’s teacher for defamation.

They’re Wrong For Giving Me A Credit Card…Why Should I Pay?

Posted on: July 8th, 2013 Comments Off

Question: My wages are being garnished for a credit card I got when I was 16 years old. I’m 22 now and I know that a person cannot legally obtain a credit card until they turn 18. I am wondering if there is any way that I can fight this garnishment since the company issued a credit card to a minor?

The Judge’s Answer:
If you believe that the credit card company should not have obtained a judgment against you, you must go before the court that entered the judgment and request that the judgment be vacated because you were not legally capable of entering into a contract. Once the judgment is vacated, the court will stop the garnishment. If you approved the contract after turning 18, the credit card company may have a valid claim against you.

Ask Judge Mathis — July 8, 2013

Posted on: July 7th, 2013 Comments Off

Probably not. Ordinarily, in order for you, the owner of vehicle, to be liable, you must have given your friend permission to use your vehicle. You can be held liable if the car was stolen as a result of you being negligent in securing your car. For example, if you left the keys in the car, you may be held responsible.