Gracie3787
Senior Member
Jetx,
The OP has already recieved enough correct and incorrect advice to get a start on helping her daughter, so at first I wasn't going to respond to your last post, but I just can't help myself.
You asked me to provide a link to the statute that says that OP's daughter does not have to open her home to anyone simply because a LAWYER (note; not Judge) wants her to:
I provided that link already. Here is another one: The 4th amendment of the US Constitution states:
The right of the people to be secure in their persons, HOUSES, PAPERS, and EFFECTS, against UNREASONABLE SEARCHES AND SEIZURES, shall not be violated, and no warrants shall issue, but upon probable cause, SUPPORTED BY OATH or affirmation, and particularly DESCRIBING the place to be searched, and the person OR THINGS to be seized.
Although most people think of this admendment as applying to criminal law, the reality is that it applies to all forms of law. No one, for any reason is REQUIRED to open thier home to anyone UNLESS there is a legal search warrant or court order- period. You seem to want OP to believe that her daughter has to just open her front door, allow someone to come into her home and literally take EVERYTHING that she does not have a reciept for just because a lawyer wrote a letter (note- a letter is just that- a letter it is NOT a legal warrant nor is it a court order). Well, fortunately for all of us, our laws do not work that way, thank God.
Now, I have a question for you- can you list any statute in any state that specifically states that a person is REQUIRED to open thier home WITHOUT DUE PROCESS?
A good civil lawyer has to have real good "schoolyard bully" skills, and that is exactly how things are done. In this particular case the lawyer that mom hired used his skills to write a LETTER to a woman who is emotionally upset and very vunerable, demanding that she allow someone she does not want in her home, to come into her home. And, if I remember correctly, you are an attorney, and of course thinking as an attorney you have given advice to OP that just continues the lawyer bullying.
The bottom line for OP is that yes, her daughter will have to turn over her fiancees property, but she does have the right to not be bullied into giving up her own property, which is what you advised her to do.
BTW- The link I posted was the correct one, the only difference between the link I posted and the one you posted is that your link gave a more direct route to the statutes. I think that your comment about it was very petty and very unprofessional.
The OP has already recieved enough correct and incorrect advice to get a start on helping her daughter, so at first I wasn't going to respond to your last post, but I just can't help myself.
You asked me to provide a link to the statute that says that OP's daughter does not have to open her home to anyone simply because a LAWYER (note; not Judge) wants her to:
I provided that link already. Here is another one: The 4th amendment of the US Constitution states:
The right of the people to be secure in their persons, HOUSES, PAPERS, and EFFECTS, against UNREASONABLE SEARCHES AND SEIZURES, shall not be violated, and no warrants shall issue, but upon probable cause, SUPPORTED BY OATH or affirmation, and particularly DESCRIBING the place to be searched, and the person OR THINGS to be seized.
Although most people think of this admendment as applying to criminal law, the reality is that it applies to all forms of law. No one, for any reason is REQUIRED to open thier home to anyone UNLESS there is a legal search warrant or court order- period. You seem to want OP to believe that her daughter has to just open her front door, allow someone to come into her home and literally take EVERYTHING that she does not have a reciept for just because a lawyer wrote a letter (note- a letter is just that- a letter it is NOT a legal warrant nor is it a court order). Well, fortunately for all of us, our laws do not work that way, thank God.
Now, I have a question for you- can you list any statute in any state that specifically states that a person is REQUIRED to open thier home WITHOUT DUE PROCESS?
A good civil lawyer has to have real good "schoolyard bully" skills, and that is exactly how things are done. In this particular case the lawyer that mom hired used his skills to write a LETTER to a woman who is emotionally upset and very vunerable, demanding that she allow someone she does not want in her home, to come into her home. And, if I remember correctly, you are an attorney, and of course thinking as an attorney you have given advice to OP that just continues the lawyer bullying.
The bottom line for OP is that yes, her daughter will have to turn over her fiancees property, but she does have the right to not be bullied into giving up her own property, which is what you advised her to do.
BTW- The link I posted was the correct one, the only difference between the link I posted and the one you posted is that your link gave a more direct route to the statutes. I think that your comment about it was very petty and very unprofessional.
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