Archives

Someone In Jail Is Using My Identity – What Can I Do, Judge?

Posted on: September 2nd, 2013 Comments Off on Someone In Jail Is Using My Identity – What Can I Do, Judge?

Question: Judge Mathis, I would like to know if it’s possible to sue a correction center for misidentification, pain and suffering? I would like to sue the correction center because someone else has been locked up under my identity! Now my Social Security Income has been cut off and I have to go through a lot of paper work to clear my name and my credit. What steps do I need to take to complete the process?

The Judge’s Answer: You do not have a claim against the correction center because an inmate falsely used your identification. You may petition the criminal court for an expunction of the false criminal case and present the order of expunction to the social security board so that your benefits can be reinstated. I suggest you hire an attorney.

Ask Judge Mathis — September 2, 2013

Posted on: September 1st, 2013 Comments Off on Ask Judge Mathis — September 2, 2013

It depends if your state recognizes common-law marriages. If you and your boyfriend represented to others that you were married, he may be entitled to a portion of the assets you accumulated together. But again, the law varies from state to state.

My Daughter’s Ex Ran Off With Her Tax Refund!

Posted on: August 30th, 2013 Comments Off on My Daughter’s Ex Ran Off With Her Tax Refund!

Question: My daughter’s husband recently left her for another woman but she had agreed to file their taxes together in Wilmington, NC. She placed the money into what used to be their joint bank account but now he is refusing to turn over her portion of their tax refund. She worked and they had two children together, which she orally agreed to let stay with him because of financial hardships. What can she do?

The Judge’s Answer: She can file for divorce and request that the court order him to provide her with a portion of the refund.

Ask Judge Mathis — August 30, 2013

Posted on: August 29th, 2013 Comments Off on Ask Judge Mathis — August 30, 2013

Yes, you can sue your supervisor for defamation, but in order to be successful, you would have to prove that she made false statements about you which harmed your reputation.

Loaned Money To Buy Portion Of Lottery Ticket – Does Borrower Get Winnings Too?

Posted on: August 29th, 2013 Comments Off on Loaned Money To Buy Portion Of Lottery Ticket – Does Borrower Get Winnings Too?

Question: Judge a group of us decided to buy a lottery ticket and one of us put money in for another person with the understanding that it was to be reimbursed. The ticket won! I need to know if the person who borrowed money in order to pay their part of the ticket is entitled to any portion of the winnings or does the person who loaned them the money get to keep that persons portion too?

The Judge’s Answer: The person who did not pay his or her portion of the ticket may argue that they are entitled to a portion of the winnings. However, they would still be liable to the party who paid that portion of the cost of the ticket.

Ask Judge Mathis — August 29, 2013

Posted on: August 28th, 2013 Comments Off on Ask Judge Mathis — August 29, 2013

The doctor will only be liable if the doctor’s failure to diagnose you deviated from the reasonable standard of care for doctors, and if the doctor’s failure to diagnose you caused you additional injury. The fact that your foot could have gotten worse is not enough.

I Thought I Was Paying Rent – But The Rent Never Got Paid!

Posted on: August 28th, 2013 Comments Off on I Thought I Was Paying Rent – But The Rent Never Got Paid!

Question: Honorable Judge Mathis, a guy rented an apartment to me which was still in his name. I paid him rent and lived there for nearly two and a half years. But he recently received a court summons which stated that he hadn’t paid the property manager for almost a year and is being sued for $3,225! Can I sue him to get my money back for breach of contract or for using the money for his own means?

The Judge’s Answer: If you lived at the apartment during the time he failed to pay rent to the Landlord, you cannot sue him for the return of your money. You received the benefit of your bargain. You paid rent and you were provided a place to reside. You are not entitled to a free place to live because the person you rented the apartment from breached his contract with the Landlord. You may have a claim against him for additional damages depending on the term of your lease with him.

Ask Judge Mathis — August 28, 2013

Posted on: August 27th, 2013 Comments Off on Ask Judge Mathis — August 28, 2013

Yes, it is legal. If the children resided with you for more than half of the year, you supported them, they are under the age of 19 and their father has not claimed them as dependents, you may claim them as dependents on your tax return. However, if they live with your sister and she simply wants you to claim them because she wants to receive a larger refund, then that would be considered tax fraud.

Motorcycle I Bought Turned Out To Be A Lemon! Can I Get My Money Back?

Posted on: August 27th, 2013 Comments Off on Motorcycle I Bought Turned Out To Be A Lemon! Can I Get My Money Back?

Question: Judge Mathis, I bought a motorcycle in the first part of February from an individual. I paid the guy $300 down and paid the balance of $1500 a few days later (total $1800). Seller stated that he would give me the title the first of March. The bike ran only two days and I haven’t gotten a title yet! How can I get my money back off of this transaction?

The Judge’s Answer: Unfortunately, the sale of used vehicles between private parties is considered an “as is” sale. You will probably be unsuccessful in getting your money back unless you can prove that the individual who sold you the car gave you a warranty. You may get your money back if you prove that seller committed fraud when selling you the bike.

Ask Judge Mathis — August 27, 2013

Posted on: August 26th, 2013 Comments Off on Ask Judge Mathis — August 27, 2013

Your landlord has committed a crime and is guilty of eavesdropping in a private place, and as a result, he or she may be prosecuted and may be imprisoned for up to five years. Your landlord is also liable to you civilly for invading your privacy.

I Was Assaulted 2 Years Ago – Is It Too Late For Me To File A Claim?

Posted on: August 26th, 2013 Comments Off on I Was Assaulted 2 Years Ago – Is It Too Late For Me To File A Claim?

Question: It has been over 2 years since I was sexually assaulted. I still suffer from Post Traumatic Stress Disorder, anxiety, panic attacks and insomnia. Can I file a lawsuit against the person?

The Judge’s Answer: The Statute of limitations for an intentional act such as sexual assault is 2 years. However, pursuant to the discovery rule, the statute may not begin to run until the time you discovered your injuries. I suggest that you get an attorney to assist you in this matter.

Ask Judge Mathis — August 26, 2013

Posted on: August 25th, 2013 Comments Off on Ask Judge Mathis — August 26, 2013

No. The city is not liable to you for the criminal acts of third parties. Under city immunity laws, the city is not liable to citizens for its failure to prevent crimes.

Grandmother Wants Child Support For Raising Granddaughter

Posted on: August 23rd, 2013 Comments Off on Grandmother Wants Child Support For Raising Granddaughter

Question: Judge I am from Alabama and I raised my granddaughter who is now 20 years old. Can she go back and file for all the years of her life that she did not receive child support?

The Judge’s Answer: No. In Alabama, an action to establish a father child relationship for the purposes of obtaining child support cannot be brought after the child turns 19.

Ask Judge Mathis — August 23, 2013

Posted on: August 22nd, 2013 Comments Off on Ask Judge Mathis — August 23, 2013

Yes. However, you must prove that the city had knowledge that the sidewalk was in disrepair for at least 30 days before you fell and failed to repair it.

My Son Was Injured At A Party In 2011 Is It Too Late To Sue?

Posted on: August 22nd, 2013 Comments Off on My Son Was Injured At A Party In 2011 Is It Too Late To Sue?

Question: Judge, my son was hit in the head at a pool party in September of 2011. He was hospitalized for 3 weeks and now suffers from seizures. Can we sue the home owner, the entertainment company that had the party and the person that hit my son?

The Judge’s Answer: Yes. However, to be successful against the homeowner and entertainment company, you must prove that they breached some duty they breached owed to your son. Also, the statute of limitation on your personal injury claim may have elapsed. You had two years from the date of injury to file a claim against the responsible parties. You may have to prove that you filed your claim within 2 years of discovering your son’s injury.

Ask Judge Mathis — August 22, 2013

Posted on: August 21st, 2013 Comments Off on Ask Judge Mathis — August 22, 2013

You may, Caroline. A person cannot make defamatory comments and avoid the consequences by labeling it a review. However, in order to be successful in a defamation action, the salon owner must prove that your statements are in fact, false. For example, if you state that you don’t recommend the salon because the salon advertises that it uses name brand products, but the salon actually uses generic products, the owner of the salon owner will be successful in a defamation suit against you if he or she can prove that your statement was false.

What Can I Do If Former Co-Worker Grabbed Me?

Posted on: August 21st, 2013 Comments Off on What Can I Do If Former Co-Worker Grabbed Me?

Question: Judge, I was grabbed at my former job by my male boss in front of other employee’s. Several of us had a meeting with the administration regarding this man’s violent temper and his inappropriate comments regarding middle school girls. Is there anything I can do?

The Judge’s Answer: Yes. You may file a sexual harassment against your former employer.

Ask Judge Mathis — August 21, 2013

Posted on: August 20th, 2013 Comments Off on Ask Judge Mathis — August 21, 2013

No, not unless you can prove that the seller made false representations to you to persuade you to purchase the vehicle. If the car was sold to you “as is,” the seller is not liable to you if the car subsequently breaks down.

I Was Injured On The Job And Still Suffering! What Can I Do?

Posted on: August 20th, 2013 Comments Off on I Was Injured On The Job And Still Suffering! What Can I Do?

Question: Judge, I was injured on the job about 6 months ago and I’ve received treatment for my injuries but I’m still suffering from them today despite all the medical care I received. Can I sue them for anything other than medical expenses?

The Judge’s Answer: You may file a worker’s compensation claim with your company. You may be entitled to lifetime medical benefits, loss wages, compensation for loss of use of body parts and lifetime wages for loss of body parts (i.e. arms legs, hearing, vision).

Ask Judge Mathis — August 20, 2013

Posted on: August 19th, 2013 Comments Off on Ask Judge Mathis — August 20, 2013

Yes, if he is making your environment uncomfortable because of your political affiliations, you can sue him for harassment.