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Questions and Professional Answers

Questions and Professional Answers

  • affidavit of forgery & identity theft

    Do i just write a letter & have it notarized? My wallet was stolen out of my car. I have 2 send telecheck an affidavit for both. There is no police report, i did a stop payment @ the bank. i recv'd nothing in the mail notifying me of this until I went to the store.
    • Re: affidavit of forgery & identity theft

      If you are asking how to draft an affidavit, then there are free forms available on the Internet for this purpose - simply perform a search on Google for "affidavit identity theft" or the like. However, I urge you to consider filing a police report of theft which will help you. For more information see this website from the Federal Trade Commission - http://www.ftc.gov/bcp/edu/microsites/idtheft/

      Sheryl Schelin
      Law Office of Sheryl Schelin
      730 Main St., #358
      North Myrtle Beach, SC 29582
  • Identity Theft

    I have done or currently in the process of trying to do all requirements recommended by state and federal agencies to help prove my identity. I have information such as place of employment and residence of the person who has my identity. (I dont know him personally) How can I get fraudulant accounts removed from my credit report, reclaim my identity, and prosecute the thief?
    • Re: Identity Theft

      As to prosecuting the thief, you need to contact law enforcement. Prosecutors don't investigate crimes; the police do. Police officers investigate and then report their findings to the appropriate prosecuting agency.The U.S. Dept. of Justice has some information on its website that may be of some help to you.http://www.usdoj.gov/criminal/fraud/websites/idtheft.html#whatifvictim

      Jeremy Richey
      Jeremy Richey, Attorney at Law
      P.O. Box 1101
      Charleston, IL 61920
  • Affidavit of Heirship

    May I use a General Affidavit to provide an Affidavit of Heirship? Does the content of the general affidavit, in essence, make it an Affidavit of Heirship? Is there any actual form call Affidavit of Heirship?
    • Re: Affidavit of Heirship

      In essence, an affidavit of heirship is just a family tree. For help, see www.courts.state.ny.us/forms/surrogates/omni/familytree.pdfMike.

      Michael Markowitz
      Michael A. Markowitz, PC
      1553 Broadway
      Hewlett, NY 11557
  • summary diposition

    what is a summary disposition and how do I repley to one. I need to file a counter affidavit, for the plaintiff's complaint.as required by MCLA600.2145 how and were do I go. do I have to fill out a general affidavit or affidavit for deptor. I replyed with the answer civil form but that was not good I did not reply right. opposing affidavit
    • Re: summary diposition

      It sounds like a collection case was filed against you. They attached an affidavit making it a "stated account". Your failure to file a counter affidavit means that they have put forth what is known as a "prima facie" case. This means that unless you counter with substantial evidence, they automatically win. You only have 10 days to file the affidavit, unless the court allows you more time. Basically, just file a paper saying that you were first sworn and tell your story as to why you do not owe the money and have it notarized. The judge will probably accept it. You must jump on this due to the time constraints. If you have already blown the time period, get a motion form from the court and file a motion to allow you extra time to file the affidavit. Bill Stern 248-353-9400

      William Stern
      William Stern, P.C.
      24750 Lahser Road
      Southfield, MI 48033
  • I-485

    I have submited the I-485 application. My mother isthe petitioner.I think, we did submit heraffidavit of supportwith the originalapplication, whichwas not acceptable.My sister filled out anotheraffidavit, which i sent withmy I-485.Now, they want my mother,saffidavit, again, and sheis not here in the statesnow.Please, kindly guide me thruthis problem. Why would theywant my mother's affidavit,when my sister has recentlygiven an affidavit ofsupport?
    • Re: I-485

      If your mother was, as you say, the I-130 petitioner, generally speaking, the petitioner (your mother) should be the person to submit the I-864 affidavit of support, and if there is a joint supporter (your sister), then it should have been on I-864A affidavit of support to show that you reach the level of support required. For further questions, you should contact Attorney Jennifer Brill to assist you in this matter

      Jennifer Brill
      Law Offices of Jennifer Brill
      San Francisco
      San Francisco, CA 94118
    • Re: I-485

      My only advice is: DO NOT do these immigration applications by yourself. Get a qualified immigration attorney to help you. 75% of the time, maybe more, there's always problems with people doing their own applications. You end up wasting months or even years when the whole thing could have been finished in 4 months.Larry Liem Doan, Esq.www.GuruImmigration.com

      Larry L. Doan
      Law Office of Larry L. Doan
      11664 National Blvd., Suite 317
      Los Angeles, CA 90064
  • How to pass a new US National Law regarding Identity Protection

    I am wondering how a new national United States law can be passed regarding Identity Protection (as Identity theft is a HUGE problem and all responsibility is placed on the individual in the US). Europe by the way, is ahead of us in this area.I am serious about this. Do you start with writing the Senators ? Where do you go if you don't get a response ? Does petitioning help (having thousands of citizens sign) ? Do you write the President ?There are procedures put in place once your identity has been stolen and you owe $... but we could easily make these procedures an option before anything happens. Also collection of driver license information when returning an item to a store does NOT need to happen.How does one get started in proposing a new national law ? Perhaps an Identity Protection Act.That's the short version of my question. Please email for more details or to provide guidance. US only.Thanks!
    • Re: How to pass a new US National Law regarding Identity Protection

      You live in the Washington area so surely you know the present Congress is completely immune to influence except from special interests with lots of money. The good news is that identity theft costs banks and credit card companies lots of money, so they will be lobbying Congress for the legislation you seek.

      Michael Stone
      Law Offices of Michael B. Stone 310-776-7500
      3020 Old Ranch Parkway, Suite 300
      Seal Beach, CA 90740
  • change identity

    I just left my husband and family.....they're on the west coast. I have told them to leave me alone but they have hired P.I to look for me....I need to change my name or even better my identity because I fear my life if they find me.I have not commited a crime or have done anything wrong. I know its hard to change your entire identity but I see it as my only option....How do I go about doing that? Are there any other options??I need this to happen as soon as possible but feel lost...plz help..thank you and god bless
    • Re: change identity

      1. As a first step you should consider filing for divorce, and once this is over, then you can deal with the change of your identity.2. If you want to open a new door, you should close first the old one.3.

      henry lebensbaum
      Law Offices of Henry Lebensbaum (978-749-3606)
      300 Brickstone Square, Suite 201
      Andover, MA 01810
    • Re: change identity

      Our firm does work in the area of Privacy Law and can assist you in legal name changes and protecting your identity. Please contact me if you wish to discuss.

      Raymond Weicker
      Qua, Hall, Harvey & Walsh
      25 Fletcher Street
      Chelmsford, MA 01824-2746
  • supplement to affidavit?

    i am representing my self in my divorce, pro se. i filed a motion for temporary relief and also an affidavit in support of the motion. i have a few more things i wish i'd included in the original affidavit...and was wondering if now i may i now file a ''supplemental'' affidavit in support of the motion for temporary relief? it's kind of to answer respondent's affidavit that i received just after filing my affidavit. so can i answer his affidavit? or do i simply create a supplemental affidavit of points i didn't know he'd bring up, so didn't include? i need to know the appropriate doc. form for these thoughts. also...i would like to give the respondent the oportunity to read the document i am speaking of before i file it, so that if he wishes it not to be filed and made public, he can settle instead. would that be legal? and if so, do i just drop it off with his attorney so they can review it? i have a protective order against the respondent so we are not in contact directly.thank you so very much for your help.
    • Re: supplement to affidavit?

      You may file the supplemental affidavit. You can also sent it to the respondent before filing. An affidavit needs to include the language "I **, under penalty of perjury affirm the following (or above) is true and correct of my own knowledge and belief...." It must also be notarized. The original always goes to the judge, with a copy to the other parties.

      Alvin Lundgren
      Alvin R. Lundgren, L.C.
      5015 W. Old Hwy 30 Ste 200
      Mt. Green, UT 84050-9752
  • identity theft.

    at a union meeting in 2006 my name as well as s.s.# along with eight of my co-workers was attached to the new bargaining agreement and passed out to the membership. we are concerned about identity theft. i confronted the union and they refuse to pay for identity theft ins. we want to know what recourse we have. thanks for the time and input.
    • Re: identity theft.

      Hello. This is a very serious matter. Your privacy, in addition to identity theft issues, has been violated with the disclosure of your social security number. This was reckless on the part of union leadership. My concern is the amount of time that has passed, but if you continuously asserted your demand that the union pay identity theft insurance, that may have the effect of keeping all related issues open for the purpose of making a claim. Will be happy to discuss this further and in more detail.

      Zedrick Braden III
      Law Office of Zedrick Braden III
      203 North LaSalle, Suite 2100
      Chicago, IL 60601
  • affidavit

    Does an affidavit have legal binding. I am currently wanting to use it in lieu of getting a restraining order out on someone. If I have her sign an affidavit that she will leave me alone does that make her legally binded to do so
    • Re: affidavit

      An affidavit alone does not constitute a restraining order in Rhode Island. An affidavit may be helpful in getting a restraining order approved if there are admissions in the affidavit.If this person is related to you by blood or marriage or you have a child together then you need to look into whether you qualify for a Family Court protection from abuse order. If this is a girlfriend and you do not have a child together, you need to look into obtaining a District Court restraining order. I suggest that you contact me or another Rhode Island (RI)attorney.In order to obtain a restraining order you must show that you are in fear of imminent physical harm or that you have been assaulted or threatened or other grounds.

      David Slepkow
      Slepkow Slepkow & Associates, Inc.
      1481 Wampanoag Trail
      East Providence, RI 02915