Question: I have made many complaints about my noisy neighbors to my property manager for over 2 years now. I have shown them evidence of their noise levels, mail theft, harassment and property damage. The management told me that the neighbors would be given a notice to move – that was over a year ago! I really don’t want to move. What other legal options do I have?

The Judge’s Answer: You can file a claim against your neighbors for civil damages and for an injunction to prevent your neighbors from harassing you.

No. You can only make medical decisions for him if you have medical power of attorney over him, or if a court has appointed you guardian over him.

Question: I told a former friend who asked me to move to an apartment closer to him three years ago that I couldn’t afford the apartment and the utility bill expenses. He told me he would take care of the rent so I moved and sponsored him in a 12 step program and accompanied him to various functions for 7 years. After he relapsed he started a relationship with a stripper who told him to not give me the checks for rent! Can I sue him for not issuing the checks for rent and expenses?

The Judge’s Answer: It does not appear that you had a binding contract. It appears that your friend agreed to pay your rent as a gift. A gift is revocable anytime before completion.

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.

Question: My ex is in the military and when he got orders to go to Colorado all of our belongings were shipped with him and put into a storage facility there. Things didn’t work out between us and I decided not to move. Even though he assured me that he would send me my things, something always seemed to come up. I’ve tried to go and get them myself, but he refused to give me his address. I’ve been trying to get my things for two years now! All of my receipts and logs pertaining to the merchandise is in storage. Can I take him to court even if I don’t have any paperwork other than messages between him and myself?

The Judge’s Answer: Yes you may. Your testimony and emails are evidence that may prove that your evidence exercised unauthorized control over your property after your demand for return.

No. You can only make medical decisions for him if you have medical power of attorney over him, or if a court has appointed you guardian over him.

Question: I fulfilled a 1 year lease agreement at an apartment and then continued to rent month to month. I did not give 30 days notice as stated in the lease agreement because I found a tenant to replace me and 2 days after I moved out they moved in. The landlord received another security deposit and 1st months rent from the new tenant. Under those circumstances, isn’t he still legally required to return my security deposit?

The Judge’s Answer: It depends on your lease. If you did not damage the premises, most likely your landlord will be required to return your security deposit.

Yes, as long as that person has some minimal contact with the state. For example, if the accident happened in the United States AND the non-citizen does business in the US, owns real estate in the US, or is involved in a contract that was entered into in the US, then you may pursue the case.

Question: I stopped paying my Home Owner’s Association (HOA) fees for my condo due to them not doing the yards, cleaning the pool, and taking forever to repair a broken fence, etc. They had me served from the county court to make me pay, I answered to the courts within the allotted time saying I didn’t owe and was looking forward to a court date to have a judge decide the matter. While expecting to receive notice from the court house with a court date, my wages were garnished by the HOA! I went to the court house to see if I had missed the court date and they told me that my HOA never responded to my answer, so there was no court date notification issued. Can I sue them for bypassing my response and garnishing my wages?

The Judge’s Answer: Check your condominium documents to see what, if any rights you granted the association in collecting association fees. In order to garnish your wages, your association would have to obtain a judgment. If the association is garnishing your wages without a judgment, go to the court and file a motion to revoke the order of garnishment.

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.

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

Question:
I had been working at a internet modeling studio for over 6 months when two people got hurt on a weekend that I happened to be off. Afterwards, my boss told us that we had to sign a release waiver of liability form or else we would be fired. I didn’t agree with the paper so I refused to sign and he fired me the next day! I live in Nevada which is an “at-will” state. Can he get away with firing me like that?

The Judge’s Answer: An at-will employee is one that may be terminated for any reason or no reason at all. Of course your employer can not fire you because of your race, religion, gender, age, national origin or disability. If your employer requires his employees to sign a waiver of liability in order to be employed by him, he may terminate you if you refuse to sign the waiver. However, you may be entitled to unemployment compensation.

I would suggest you hire a private investigator who can stake out the bar and see if the culprit returns. You can also try requesting information regarding the culprit from the bartender.

Question: I was in a pretty bad car accident and my insurance had lapsed the day before. I suffered some injuries and couldn’t give a statement at the time because I was in shock. As a result, the police left out significant details in their report. When I contacted them to tell them that I disagreed with the report, I was told that it’s the opinion of the officer at the scene that determines which driver was at fault. The other driver has contacted an attorney and has threatened me to either contact their office or they will suspend my license and file a suit. What are my options?

The Judge’s Answer: If you believe the other driver was at fault, you may file a civil claim against him. If your insurance lapsed at the time of the accident and the other driver sustained damages in the amount of $1,000 or more, the Department of Transportation can suspend your license. Not the other driver’s attorney. If you receive a notice stating that your license will be suspended, you should request a hearing. If you prove that it is not a reasonable probability that a judgment will be entered against you, the Department will not suspend your license.

Yes. However, she must prove that the cigarettes were negligently designed, the cigarette company failed to adequately warn her of the dangers of smoking, the cigarette company intentionally and negligently misrepresented material facts about the cigarettes and made false promises, or the cigarette company intentionally concealed material facts causing her injury.

If you believe that you have been discriminated against because of your age, you should file a claim with the EEOC. The EEOC will investigate your claim. If discrimination is found, the agency may commence a claim on your behalf.

Question: I’m currently paying child support to the state of Michigan through wage garnishment for two children ages 19 and 31. I recently went to see how much I had left to pay and even though I knew I was paying arrears on the 31 year old, I did manage to pay off the money I owed on the 19 year old. Both are separate but they continue to take money out of my check for the 19 year old even though I’m at $0 balance! I have taken full responsibility for my obligation but I can’t catch a break and its affecting my ability to care for my two children that live with me. What can I do?

The Judge’s Answer: You need to return to the court where the order was entered and request that the garnishment be stopped.

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.