Archives

Does An Eviction Notice Have To Be Notarized To Be Legal?

Posted on: September 17th, 2013 Comments Off on Does An Eviction Notice Have To Be Notarized To Be Legal?

Question: Judge, does my landlord have to have a permit to rent out a room even though he is also my stepfather? Does an eviction notice have to be notarized and what can I do if it’s not? What can I do if my landlord won’t fix my bathroom sink or the a/c (we have no a/c at all)? Can I sue him for anything?

The Judge’s Answer: No. A landlord (whether a relation or not) does not need a permit to lease space. An eviction notice does not have to be notarized just signed by the landlord or an agent of the landlord. You may send your landlord notice to repair the premises and give him reasonable time to repair it. If he fails to repair it, you may repair the premises and sue him for the cost of repair or the court could reduce the amount of your rent until the repairs are made or award you money damages.

How Do I File For Child Support If I Only Have The Father’s Name & Birthdate?

Posted on: September 17th, 2013 Comments Off on How Do I File For Child Support If I Only Have The Father’s Name & Birthdate?

Question: Judge Mathis, for the past 12 years my child’s father has not been there for her financially. I tried filing for child support but they couldn’t help me because the only info I have is his full name and birth date. However, I do know that he recently got out of jail. Can anyone help me?

The Judge’s Answer: You can try contacting a child support attorney in your area. Your attorney may be able to hire a private investigator to help find the father of your child. It would be helpful if you could get a social security number, driver’s license number or address.

Car Wash Damaged My Brand New Car – What Can I Do?

Posted on: September 16th, 2013 Comments Off on Car Wash Damaged My Brand New Car – What Can I Do?

Question: Judge Mathis, I took my new car to a car wash and they applied something to the tires and now the tires and the car are white with yellow spots! The repair is $2,000 and the car has only 100 miles on it! I have a sample of the substance they used on my tires and as the paint job is damaged I assume that devalues the cost of my car. Also if I need to rent a car, can I include the cost of renting a car to my claim?

The Judge’s Answer: If you believe the car wash wash was at fault, you may consider having your evidence presented by an expert who can testify that the chemical used by the car wash caused damage to your car. If you have yellow spots on your car, you can still drive your car. Most likely, the court will not grant you car rental costs and the reduced value of your car for a car you can drive. At most, the court will grant you the cost of new tires.

My Husband Took His Name Off All The Bills & Left Me Holding The Bag!

Posted on: September 16th, 2013 Comments Off on My Husband Took His Name Off All The Bills & Left Me Holding The Bag!

Question: Judge, my husband and I have been separated for 2 years, but we had both our names on all of the bills. He went and had his name removed and I had to pay them in order to get service where I live please tell me what can I do.

The Judge’s Answer: You can file for a divorce and request the court order your husband to reimburse you for the bills you paid or a portion thereof. Remember even though you are separated, you are still married. Any debt incurred during the course of the marriage is presumed to be marital debt.

My Sister Is Demanding That I Give Her The Car I Paid For!

Posted on: September 13th, 2013 Comments Off on My Sister Is Demanding That I Give Her The Car I Paid For!

Question: I reside in Houston TX and have decided to relocate to Phoenix AZ – I decided to take over the payments on my sister’s vehicle which is currently being paid through a bankruptcy plan. I have been using the car and some damaged was sustained that I haven’t repaired yet, I also just found out that I can’t take the car out of state! My my sister is asking that I return the car to her but fix the damage first, I have no problem returning the vehicle but I have a problem with fixing the damage seeing that I am not returning the car by choice but by force. Am I obligated to pay for the damage to the vehicle even though I did not personally decide to return the car?

The Judge’s Answer: It appears that your sister breached your contract by selling you a car that you could not use as you desired (i.e. take out of state). If so, you are not liable for the damages done to the car you assumed you own and that was done while in your possession. You may have a claim against your sister for wrongful repossession if she is taking your vehicle because you are moving out of state.

Car Dealership Stole My Money!

Posted on: September 13th, 2013 Comments Off on Car Dealership Stole My Money!

Question: I purchased a car and left part of the down payment and had to go back to pay the remainder. In the interim, the finance company denied my financing, but the dealership took the second part of the down payment after the financing had been denied. Is there anything I can do to get my money back?

The Judge’s Answer: You can sue the dealership to recoup your money for breach of contract. If you did not receive financing, it does not appear that you had a binding contract.

How Can I Get The 20k My Ex Owes Me In Child Support?

Posted on: September 12th, 2013 Comments Off on How Can I Get The 20k My Ex Owes Me In Child Support?

Question: I have 3 kids(18,13 and a 12 yr old) and their dad is $20,000 debt in child support. He also has 3 more kids with someone else and he has had his license taken away and is on probation. What can I do?

The Judge’s Answer: Contact the child support agency of your state. They can assist you in collecting child support by garnishing the wages of the non-custodial parent, taking State and federal income tax refunds and lottery winnings; seizing assets—including bank accounts; suspending driver’s licenses; suspending or denying passports; and notifying credit reporting agencies of overdue child support payments.

$1,524 FOR A BLOOD TEST?!

Posted on: September 12th, 2013 Comments Off on $1,524 FOR A BLOOD TEST?!

Judge Mathis, my doctor sent me to a pain specialist to get some blood work done and a couple of months later I got this bill for $1,524! I was in shock when I found that they had done 16 narcotics tests on me without my permission. I went to the doctor’s office and asked why they did this with out my permission and was told not to worry and that I would not be responsible for the bill. Well, today I got a bill with a payment plan and I don’t think I should have to pay this – I am 72 years old and I do not do any narcotics! Do I have to pay this bill? Can I sue the doctor for that amount since I did not and would have never given permission for this drug testing to be done?

The Judge’s Answer: If you think you should not be liable for the bill, you can sue the specialist and request a declaratory judgment. The judge will review your complaint and after trial determine if the services you received were unauthorized. If so, he may determine you are not liable for the bill. It does not appear that your original doctor is liable since he did not order the tests.

Unhappy With The Divorce Attorney Who I Paid In Full – What Can I Do?

Posted on: September 11th, 2013 Comments Off on Unhappy With The Divorce Attorney Who I Paid In Full – What Can I Do?

Question: I live in Georgia and when my husband and I filed for a divorce, the attorney working the case stated that it would become final 31 days after petition was signed by both parties. We signed the petition and waited the 31 days. On the 35 day I called to get the status because I hadn’t heard anything from the attorney. I gave a time frame that I needed the service to be completed because of some things that I needed to complete before I transitioned to my next duty assignment, both myself and my husband are active duty military. The attorney told me that she could meet that time frame but didn’t meet it and now she’s being very rude about me needing a status. I feel as though working with an attorney is different from going to a store and buying something, not being satisfied, and being able to return that item for a refund or having a outlet that would allow me to complain about the service. Does anything like that exist? How long after being promised and paying in full for a service from an attorney do we have to wait before that service is reasonably expected to be completed?

The Judge’s Answer: If you are not satisfied with the services of your attorney, you may fire her and hire an attorney of your choosing. Without knowing the specific reasons for the delay in your case, I cannot tell you whether the time frame you were given was realistic. However, in most situations, divorces may take longer than expected. You should communicate with your lawyer to determine what the delay is and see if you can do anything to speed up the process. If you have a complaint about the services you have received, you may file your complaint with the State Bar of Georgia. This office governs and disciplines attorneys licensed to practice in Georgia.

Someone Videotaped Me Without My Consent!

Posted on: September 10th, 2013 Comments Off on Someone Videotaped Me Without My Consent!

Question: Could I sue someone for videotaping me without my consent?

The Judge’s Answer: Yes. If it was in a place where you had an expectation of privacy and the intrusion would be highly offensive to a reasonable person. This is known as invasion of privacy or intrusion of solitude.

If I Got Busted For Having Marijuana How Can I Get The Charge Off My Record?

Posted on: September 10th, 2013 Comments Off on If I Got Busted For Having Marijuana How Can I Get The Charge Off My Record?

Question:I got pulled over last year June,the cops searched my pocket and i had a little marijuana in my pocket.I went to court for it and taking care of it.But,it stills on my record.I would like to know,how can i get it off from my record.What can i do?

The Judge’s Answer: If you have completed a diversion program or judicially approved drug program, you may file a motion to have your record sealed. I suggest you contact a lawyer.

The House I’m Renting Is In Foreclosure!

Posted on: September 9th, 2013 Comments Off on The House I’m Renting Is In Foreclosure!

Question: Judge, the house I’m renting is being foreclosed on and the landlord isn’t returning my phone calls. Can I sue to have my deposit refunded?

The Judge’s Answer: Yes. If your landlord fails to return your security deposit 30 days after you vacate the premises, you may sue him to recover your security deposit.

Ex Paid to Have Our Son Adopted Now He’s Trying To Claim Him!

Posted on: September 6th, 2013 Comments Off on Ex Paid to Have Our Son Adopted Now He’s Trying To Claim Him!

Question: My ex-husband paid for my current husband to adopt our 14 year old son in 2010. But he has a picture of himself with my son (at age 4-5 years old) as a profile picture on Facebook, and has made comments on Facebook about my son and using his name. Since he has NO parental rights anymore, is there anything I can do to have the picture removed and stop him from making comments about “his” son?

The Judge’s Answer: You can’t stop your ex from using your son’s name. However, you can contact Facebook and request that the photo be removed since its use is unauthorized.

Ask Judge Mathis — September 6, 2013

Posted on: September 5th, 2013 Comments Off on Ask Judge Mathis — September 6, 2013

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.

My Child’s Father Won’t Help Out – Says Court Will Call Money A “Gift”

Posted on: September 5th, 2013 Comments Off on My Child’s Father Won’t Help Out – Says Court Will Call Money A “Gift”

Question: I bought the father of my child a vehicle for $900 to help him find a better job. We split up shortly afterwards and he gave me $100 for the car in front of witnesses saying it was for the car and not a gift. He didn’t help pay rent or bills and will not give me any money to help for our daughter. The child support is filed but it will take a while to be set. I asked him if he was going to help before and he said no because it would be considered a gift, even though it would be for his daughter. Is he correct and is there anything I can do to get the remaining $800 for the vehicle?

The Judge’s Answer: If you have an agreement regarding the car and the father of your child failed to pay pursuant to the agreement, you can sue him. In regards to child support, the court can consider the payments you receive directly from the father as gifts. However, sometimes, if the custodial parent signs an affidavit acknowledging receipt of child support payments, the court most likely will consider the monies the custodial parent has received as child support payments and give a credit to the non-custodial parent.

Ask Judge Mathis — September 5, 2013

Posted on: September 4th, 2013 Comments Off on Ask Judge Mathis — September 5, 2013

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.

Hit The Streets In A Week…Or Else?!

Posted on: September 4th, 2013 Comments Off on Hit The Streets In A Week…Or Else?!

Question: Someone lets you stay in a house and tells you that you don’t have to pay anything, but 6 months later they want you to pay rent and you start paying it until 4 months after that they go up on the rent by another 200.00! You tell them that you can’t really afford it and after you have this conversation they tell you that you have to be out in a week! Can I sue?

The Judge’s Answer: You can’t sue them for asking you to move. However, you can sue if they forcefully remove you from the premises, change the locks, or throw your belongings out.

Ask Judge Mathis — September 4, 2013

Posted on: September 3rd, 2013 Comments Off on Ask Judge Mathis — September 4, 2013

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.

My Record Is Clean But My Mugshot Is All Over The Internet!

Posted on: September 3rd, 2013 Comments Off on My Record Is Clean But My Mugshot Is All Over The Internet!

Question: I was arrested about eight years ago and was charged, but I managed to get the charge expunged. I thought this was ancient history until I recently ran across my mug shot online! I was absolutely devastated! Do I have any legal recourse?

The Judge’s Answer: You should contact the company and request they remove your mugshot. Also, give them a copy of your expungement papers. Some companies charge a fee to remove the mugshot. Legally, the mugshot was public information and the company has not violated any laws by posting it.

Ask Judge Mathis — September 3, 2013

Posted on: September 2nd, 2013 Comments Off on Ask Judge Mathis — September 3, 2013

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.