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Freebies For All....

By Lafe Tolliver, Esq
Guest Column

Below, is a grab bag of legal tips and goodies that hopefully some of you can use.

Again, each situation is different, so don't forget to consult with an attorney if you need more of an in-depth analysis of your particular situation.

TIP ONE:  a married person can file a Chapter 7 bankruptcy without his or her spouse, but if they live together under the same roof, the person who is filing must include in their financial disclosures the income of the non-filing spouse to see if they "qualify" for a bankruptcy. Yes, you must now "qualify" to file a Chapter 7 bankruptcy which is based largely upon the income amounts in the household.
 


Lafe Tolliver, Esq

TIP TWO: When filing for a divorce, the property that each spouse brought into the marriage (house, car, boat...) is still considered as his or her property and not subject to the claims of the other spouse as long as the title is not transferred to the other spouse when they do marry.

TIP THREE: Except for some simple legal procedures like a name change or paying a traffic ticket or a charge that is only court costs and fine and with no chance of incarceration, never go to court without your attorney. A penny of prevention is better than a pound of foolishness.

TIP FOUR: To avoid a lot of family grief and family squabbles about, "who gets what and how much" always make out a will and keep it updated as your wealth changes and let someone know where the will is located! If you don't, the State of Ohio can step in and dictate who gets what and how much if the will can not be located. Consider keeping the will in safekeeping at the local probate court vault. To do so, you are charged a very low court cost.

TIP FIVE: If you are injured in a car accident, do not wait weeks to seek medical

attention because the longer you wait and complain, the more it looks as if your injury is not that bad and that something else may have intervened since the accident and is the real cause of your concerns.

TIP SIX: If you resolve a dispute with a creditor, landlord, or anyone whom you owe money to or who owes money to you, always, always, always, get the agreement in writing with a time and date and place and with both signatures on the spelled out agreement. Do not rely upon oral promises, even with family members! Nothing personal...strictly business!

TIP SEVEN: If you believe that you are experiencing on the job harassment or discriminatory conduct, start to document the events, the person(s) who are harassing you and the facts involved. Make sure you follow company policy as to reporting any such acts. Do not delay in reporting such behavior. Do not threaten anyone but simply follow your union or company procedures so that you can say that you did what was required of you before you have to involve legal counsel or seek out the help of the downtown Ohio Civil Rights Commission (located in the government center bldg).

TIP EIGHT: If you are stopped by the police in your car or elsewhere, cooperate by giving them your name, address, date of birth and SSN. Don't use the event to

yell and argue and threaten to sue them. Be calm and tell the people in your car to be calm and cooperate, even to stepping out of the car.

You do not have to give them permission to search the car but they can search you and your occupants for weapons to insure their own safety. Whatever you do, and especially at night, do not make any sudden gestures because they can interpret that act as a move to harm them or you going for a weapon and....well, you know what can happen next.

TIP NINE:  If things get hot and heavy with you and your "baby's daddy" or "baby's mama", take the high road and leave the situation or room or house and call the police. Do not make things worse by grabbing the child or threatening the baby's mom or dad.

     What you do not need is a temporary restraining order put against you or you facing charges of obstruction of official business, resisting arrest or assault charges.

Be cool. You will have your say in court. Domestic violence charges are serious and the judges do not take lightly such charges if found to be true.

TIP TEN:  Avoid this scenario: Mom or Dad is ill or is getting close to being "loopy-loopy" as to memory. Immediately seek legal counsel so he or she can sign a will or a power of attorney or a durable power of attorney for healthcare. If you do not and there is no improvement and he or she cannot sign a will or a power of attorney, you are faced with getting the court involved with a guardianship.

     Be proactive and intervene with a parent or other family member and do not wait until it is too late and a parent is in a nursing home unable to care for herself or think for herself; and THEN you make the frantic calls to an attorney for such documents. Too late. She does not have the requisite mental ability to sign such documents.

TIP ELEVEN: If you get into a situation with a landlord who owns more than four rental units and the landlord is not doing his or her duties to you, especially physical upkeep of the premises or is denying your basic services such as hot water and heat, you can put your rental payments into escrow at the downtown Toledo Municipal Court and force the issue with the landlord by having a hearing on these issues.

TIP TWELVE:  If you have any car repairman service your car, always have the signed estimate put in writing and what services have agreed to be performed. Check with the Better Business Bureau if you are concerned about their history of repairs.

     If the repair bill comes back more than the estimate, demand to see what additionally was done to the car. Always have the repair person call you first to inform you of what more needs to be done before you authorize it.  Also, ask, if you wish, to have any parts that are replaced, be given back to you so that you can see if they really were replaced or not.

Hey now, so who says that I am not a great guy for giving out these free tips!

 

Contact Lafe Tolliver at tolliver@Juno.com

   
   


Copyright © 2015 by [The Sojourner's Truth]. All rights reserved.
Revised: 08/16/18 14:12:44 -0700.


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