Law & Disorder on January 29, 2020

Here is the link to the show Law & Disorder if you didn’t get a chance to hear it.

1.Question: Is it legal for my employer to voice record in the shop through the camera systems without my permission or knowledge of this being done?

Answer: Video is always fine. Audio may require them to inform you.

2.Question: I am thinking of hiring a divorce attorney who is charging a flat rate. Is this common practice or could it be a bait-and-switch scenario?

Answer: There are two types of divorces, contested and uncontested. A flat rate is normal in an uncontested divorce. It means both parties are not going to fight but will civilly resolve the issues. A contested divorce requires a lot more hours and a flat rate might be impractical.

3.Question: My partner has debt and signed a judgment saying she would pay it back but failed to do so. Can she be arrested or forced to pay it back if she has no money?

Answer: If the judge orders her to pay the amount based on her salary and she doesn’t do it, she might be held in contempt. A judge must find her in contempt first before she can be arrested.

4.Question: I incorrectly filed my W4 and wrote in exempt and now I owe the IRS. Is there anything I can do to get out of paying?

Answer: No, but you can contact the IRS and they can sometimes set up a payment plan for you.

5.Question: If my boss brings his Dutch shepherd attack dog to work and the dog bites me, can I sue him?

Answer: Yes, you can sue him but normally have a problem recovering funds unless the dog is insured.

6.Question: My son was in an accident. It was his fault, he got a ticket, and he called the insurance company. We have full coverage, comprehensive and collision and they said I didn’t have any medical coverage for the other party. Isn’t that what PIP is for?

Answer: If he has PIP then it should cover the first $10,000 health costs. We would need more information regarding the bodily injury. You can contact us at Jeff@whenyouneedus.com

7.Question: I was rear ended in an auto accident about a year ago. I declined the $1,500 settlement. I am now having daily neck pain. What are my options?

Answer: You must see a doctor within 15 days after the accident or you lose the PIP. If you don’t do that it will be harder to prove that the injury is connected directly to the accident if you did not get treatment before this.

8.Question: I was injured in my apartment complex due to their negligence. I am thinking about suing them, but I was told they would evict me. Is this true?

Answer: They can’t evict you outside of the lease. They don’t have to renew your lease, but they must abide by the lease otherwise that would be in breach of contract.

9.Question: I have a work truck that I can take home. It’s a one ton and it’s a dually. Orange county code enforcement says I can’t keep it there. I looked up the code and it says as long as it’s not over one ton then I can have it there. Is this correct or is there anything else I can do? I am on call all the time, so it makes it hard not to have the truck at my house.

Answer: Sometimes code enforcement make mistakes but if they charged you under the wrong code then yes you could fight it.

10.Question: A lady went to court against her husband and the judge did not tell her that she needed legal representation. The husband had it and he did better in court. Was it the judge’s responsibility to tell her that she needed legal representation?

Answer: Normally, in criminal court they ask you if you would like to obtain apublic defender, attorney or represent yourself. If you show up at a civil proceeding without an attorney, it’s not the judge’s responsibility to suggest to you to get representation.

Jeffrey Kaufman can be found on Justia Lawyers and HG.org

For more information please visit: Whenyouneedus.com

Law & Disorder with Jeffrey Kaufman