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Is It Invasion of Privacy to Post Photos of People on the Internet? And More Free Legal Advice – Free Joe Tuesday 9/6/11

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On Tuesdays and Fridays, attorney Joe Escalante answers legal questions for free on the LegalZoom Facebook Page. Did you miss the last Free Joe? Don’t worry. We’ve got it all right here.

Ranjay: Hi joe, if a property is forclosed what happens to the tenants, residing there?

Joe Escalante: They usually stay there until evicted when title is perfected with the foreclosing entity. Bank files unlawful detainer action with the court, resident moves out or gets their day in court to explain themselves. Sometimes they don’t get evicted until new owners take over after a trustee sale but it’s the same process.

Christian: what is intellectual property theft?

Joe Escalante: Intellectual Property usually refers to patents, trademarks, and copyrights. Theoretically if you stole some of this kind of property it would be called I.P. theft. Usually it’s referred to as infringement.

Sherri: I am in the middle of a custody case. I have primary custody of my 2 kids and their father filed for a change of custody. We had our conference and then the judge determined that the kids were in no danger and they would continue to stay with me until the trial. The trial is at the end of the month. I already filed for him violating the court order and it is being handled at our trial. My problem is, this past weekend he decided to keep the kids. Do I need to file again or can this be added to the current violation? How can I get my kids back without waiting for the trial. Isnt that kidnapping? My kids are supposed to be in school right now, but I was also told I couldnt do anything until 48 hrs but even after that is up, the police wont assist me without an order from the judge, right? So what should my next move be? I dont have a lawyer

Sherri: Also if I do have to file for another violation against him do I have to wait until the 48 hours is up before I file or is he in violation as soom as he refused to return the kids at our scheduled time. I was reading that the non custodial parent had 48 hours to return the child after I demanded their return. I was jjust wondering how I am supposed to handle this. I have tried calling the police but they wont help. The custody case is PA but I live in MD does that also have an affect on how this case should be handled? I just want to get my kids home asap PLEASE HELP

Joe Escalante: You need an attorney. A lot of this is local rules stuff. The police will never do anything without a court order or blood everywhere. If that’s impossible, contactthe court clerk and ask what to file to get an emergency order to have your kids returned

Adam: What are the election rules for running for district justice in Pa?

Joe Escalante: I can’t even figure out the rules for running for judge in my own county. In most states it’s handled by the county agency in charge of elections. It’s easy to get filing deadlines but hard to get actual rules. That is why people hire consultants / campaign managers / finance advisers. They’ve been through it before.


Joe Escalante: It’s either a bad case or you have to filethe complaint yourself. This is possible. Get on the Internet and search pro se litigation and self help in your local court area

Nick: A tree branch at my apartment fell on my car and did damage, is the apartment responsible for damages?

Joe Escalante: If the tree was on the landlord’s property I say yes. He should claim it on his insurance.

William: Good morning Joe. In New Jersey, if you receive a worker’s compensation claim, do you have to pay taxes on the money you get awarded?

Joe Escalante: They are exempt from state and fed taxes.

Sheila: Hello, Joe,
I have a will made by Legal Zoom. Is it possible to add to it, (people and items I wish them to receive), or does one need to write a whole new will? Thank you.-S.H.

Joe Escalante: You can add a codicil. Your legalzoom rep should be able to walk you through the process. No need for a new will.

Carolyn: what are the advantages of becoming a 501[C]3 non-profit?

Joe Escalante: This is a question for your tax professional. The standard reason people create them is so that donations tithe entity would theoretically be tax deductible. That leads to an increase in donations.

Linda: Where does the law stand on posting pictures on the internet that you’ve taken of other people, like friends/relatives, that they knowingly posed for such as at parties, events, etc? Not sure what area of law this falls under to get answers.

Joe Escalante: This can fall under privacy issues or right of publicity. Generally, even if a person objected to being photographed in public, they could not legally prevent someone from posting their picture on the Internet without proving certain and quantifiable damages.

This is the kind of stuff we discuss in depth on my radio shows. Check it out at

Elvis: LegalZoom, I’m starting a small online private school as a small business (I’ve used this educational business for a few years now, but it’s not an LLC). What are some of the legal guides and documentations do you advise I should consider, and is an LLC a safer business platform (for liability’s sake) for me to use? Thanks Joe!

Joe Escalante: I would get an LLC, Corp., and/ or plenty of insurance. Talk to your tax pro to see which is best for you but as far as liability is concerned, both the LLC and Corp will provide personal liability protection if you do the paperwork right and keep the books healthy. If you stay a sole proprietor or partnership, insurance is vital.

Linda: Do you have a case against a doctor if he prescribes medicine with peanuts in it to a patient who is allergic to peanuts? it is his patient and the fact that the patient is allergic is in his records.

Linda: live in Arizona

Joe Escalante: Sounds like a strong malpractice case to me.

Anesa: A friend of mine has abandoned some items with me of some value. I want to know what time limits are before I can legally claim them. I live in the state of NH. I understand that the “time limits” vary from state to state. If this is true, I would like to know what my “time limits” are so i can legally claim these items for myself.

Joe Escalante: It depends on your “duty of care” owed as determined by the facts. Bolster your case by sending a certified letter informing the person of a reasonable deadline, after which you will dispose of the property

Dan: How can I get all paperwork X wife has filed and get a date to finish a divoce?

Joe Escalante: The court where she filed has to have this stuff. You can’t file an answer until you see it.

Dan: How do I see it

Joe Escalante: Ask the court clerk for copies

Ashley: Joe, what do you know about custodial interference in California?

Joe Escalante: I don’t have a lot of experience with this but you can’t expect the police to get involved willingly. if a court order was violated, it’s contempt of court. Getting spouse charged with contempt seems better than waiving your court order all over the place at the police station. They will do nothing.

Randy: I got the will from Legalzoom. Now I think I should have the living trust. I just have one daughter. Only own mobile home and car and modest money in bank. What do you think?

Joe Escalante: I would put it all in a trust so that it will pass directly to your heirs. It’s easy, and inexpensive thanks to legalzoom.

LegalZoom: Here’s a link to our Living Trust services, Randy. Give us a call if you have any questions. 800.962.7490

Kym: I was shopping in a store that had a kitten lose in the store. Two employees and I corralled the kitten when it hid in a shelving unit. One employee asked if I could catch the kitten. I went to pick it up and it bit me. I spent five days in the hospital. I’m out of work now for another week. What sort of recourses should I seek?

Joe Escalante: You are going to make some personal injury lawyer very happy with that story. Go to Attorney Connect and get a good one.

LegalZoom: Here’s a link to Attorney Connect, Kym:

Lisa: Can a private lender act as his own trustee in a non judicial foreclosure in Arizona?

Joe Escalante: I don’t have a lot of experience with this but it seems contrary to the purpose of allowing non judicial foreclosures due to the possible conflicts.
However, wasn’t the trustee chosen at the time the Liam docs were signed?

Mark: Hey Joe, if I have a non-compete with a company, who never payed the amount of money agreed to in the non-compete to me, will it still hold up?

Joe Escalante: Sounds like a good old fashioned contract dispute. It would all depend on how the agreement was drafted. You start competing, thy sue you and assert millions in damages, you countersue for your damages. What if you both win? There could be a scenario where you get your missing paycheck for a few thousand and they have a judgment against you for a sum much larger than that so be careful.

Pam: I had a debt dismissed in court and the company sold that debt to another company who is now trying to collect on it….I sent them the copy of the dismissal but they keep harassing me. Is there anything I can do about this?

Joe Escalante: The standard thing to do is report them to the Federal Trade commission. Check out He’s good with nasty creditor help.

Lisa: do you have to get a lawyer to get your orginial birth certificate? i am trying to get mine from over sea’s i have the amended one with the adopted parent’s name on it, but not the orginial with a birth parent on it. i heard i had to get a lawyer but why if the birth certificate is mine to start with? can you help me?

Joe Escalante: A lawyer from the birth country would be helpful but sounds expensive. I would keep working on it myself. You don’t have to hire a lawyer.

Beth: Married for 35 years and husband left in January of this year. He also re-routed his pension to a different account. I am filing for divorce this week (it took me awhile to figure out the papers). Is it possible to request half of his pension from January forward?

Joe Escalante: Going after pension earned during your marriage is standard, but going after pension earned after you were legally separated is another thing. You would need a crafty lawyer.

Emmanuel: what is the statue on limitations on filing a personal injury lawsuit case?

Joe Escalante: It varies Emmanuel. Check this out:

LegalZoom: That’s it for Free Joe Tuesday! Come join us again on Friday for more free legal advice from attorney Joe Escalante. And in the meantime, check out Barely Legal Radio w/ Joe Escalante on Facebook!

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September 8th, 2011 at 6:52 am