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Ask Judge Mathis – November 30, 2012

Posted on: November 29th, 2012 No Comments

Yes. If your court order grants you telephone contact with the children while they are in you ex’s custody and your ex refuses to allow you to speak to them, he is in violation of a court order and can be held in contempt. The punishment for being held in contempt varies from county to county, but your ex could be ordered to pay sanctions, pay your lost wages, your attorney’s fees, or even be sentenced to jail.

Ask Judge Mathis – November 29, 2012

Posted on: November 28th, 2012 No Comments

It depends as the laws vary from state to state. In some states, an employer can consider your felony or misdemeanor conviction only if it relates to your qualifications for the position for which you are applying. However, in other states, an employer can consider any criminal record when determining whether or not to hire you — regardless of what position you are applying for.

Ask Judge Mathis – November 28, 2012

Posted on: November 27th, 2012 No Comments

You can sue your neighbor if your neighbor’s failure to properly supervise the children caused you damages. For example, if the children came on your property and damaged your flowers because your neighbor was not watching them or allowed them to run free without proper supervision, your neighbor is liable to you for the damages caused by those children.

Ask Judge Mathis – November 27, 2012

Posted on: November 26th, 2012 No Comments

One call can be enough if the call is lewd, indecent, or is intended to abuse or threaten you. The judge will look at whether a reasonable person would consider the comments harassing, threatening or lewd. For example, if your boyfriend’s ex calls you and tells you explicit sexual details of her recent encounter with your boyfriend and threatens to beat you up if you see your boyfriend again, your boyfriend’s ex can be charged with telephone harassment.

Clip of the Week – November 26, 2012

Posted on: November 25th, 2012 No Comments

Ask Judge Mathis – November 26, 2012

Posted on: November 25th, 2012 No Comments

Yes. If your court order grants you telephone contact with the children while they are in you ex’s custody and your ex refuses to allow you to speak to them, he is in violation of a court order and can be held in contempt. The punishment for being held in contempt varies from county to county, but your ex could be ordered to pay sanctions, pay your lost wages, your attorney’s fees, or even be sentenced to jail.

Ask Judge Mathis – November 23, 2012

Posted on: November 22nd, 2012 No Comments

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.

Ask Judge Mathis – November 22, 2012

Posted on: November 21st, 2012 No Comments

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.

Ask Judge Mathis – November 21, 2012

Posted on: November 20th, 2012 No Comments

Yes. You only settled your property damage claim. You still have a claim against the driver for damages you incurred due to your physical injuries.

Ask Judge Mathis – November 20, 2012

Posted on: November 19th, 2012 No Comments

If you conspired with your accountant to defraud the government, he or she is not liable to you for his or her acts in assisting you. However, if your accountant’s acts deviated from that of a normal accountant, he or she may be liable to you for malpractice. For example, if your accountant never asked for your W-2 or included deductions on your return without discussing them with you, you may have a case against him or her.

Clip of the Week – November 19, 2012

Posted on: November 18th, 2012 No Comments

Ask Judge Mathis – November 19, 2012

Posted on: November 18th, 2012 No Comments

Actually you only need to file one complaint, but I suggest listing the broker from whom you bought the tickets, the concert promoter and the artist as Defendants. But I suggest checking the ticket before you do this because sometimes it will state that certain parties cannot be held liable if the concert does not happen.

Ask Judge Mathis – November 16, 2012

Posted on: November 15th, 2012 No Comments

Actually, the First Amendment and the laws of many states protect your use of someone’s likeness in creative works such as movies based on real life events. Check the laws in your state. Otherwise, make sure you don’t use the person’s name or any other identifying characteristics.

Ask Judge Mathis – November 15, 2012

Posted on: November 14th, 2012 No Comments

Essentially your employer failed to pay you as agreed. Therefore, you can sue your employer to recoup the wages they withheld and failed to forward to the child support enforcement agency.

Ask Judge Mathis – November 14, 2012

Posted on: November 13th, 2012 No Comments

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.

Ask Judge Mathis – November 13, 2012

Posted on: November 12th, 2012 No Comments

Yes you can. However, in order to be successful, you must prove that it is more likely than not that your ex-boyfriend keyed your car. For example, if your ex threatened to damage your property, told people he would damage your property or admitted that he damaged your property, you can testify or have others testify to that fact.

Ask Judge Mathis – November 12, 2012

Posted on: November 11th, 2012 No Comments

No, you can’t sue the employee, but you may have a claim against the store for fraud. However, you must prove the employee intentionally lied about the color of the suit as opposed to simply mistaking a blue suit for a black suit.

Clip of the Week – November 12, 2012

Posted on: November 11th, 2012 No Comments

Ask Judge Mathis – November 9, 2012

Posted on: November 8th, 2012 No Comments

If you believe that he is making contact with you so you can be in violation of the order, you should file a motion to dismiss the restraining order and bring proof that your ex is no longer in fear of you because he is now contacting you. Most states won’t allow you to have restraining orders against each other, so your only course of action would be to prove he no longer fears you, and have his restraining order dismissed.

Ask Judge Mathis – November 8, 2012

Posted on: November 7th, 2012 No Comments

It depends on what type of lawsuit you are talking about. In criminal cases, under the “Uniform Act to Secure the Attendance of Witnesses From Without a State,” a judge may sign a certificate telling a judge in another state that the witness is a material and necessary witness. The judge in the state receiving the certificate will order the witness to attend the hearing in the requesting state unless the witness can show that it would be too much of a hardship to travel to the requesting state. The party requesting the witness to testify will be responsible for witness fees. If a person flees a jurisdiction to avoid testifying, the party requesting the testimony of the witness must still go to the judge where the witness is residing to request an order compelling the witness to appear. If the witness has been served with the subpoena before fleeing the state where he is requested to testify, the witness may be held in contempt of court for his failure to abide by the subpoena. In a civil case, the attorneys in the lawsuit can take your deposition in the state where you reside. The transcripts of your deposition can be used as evidence during the trial and your appearance becomes unnecessary. Civil courts have no authority to make people travel from one state to another to attend a civil trial.