Florida Breach Of Contract Legal Questions

It sounds like you must be European, which if that where the transaction originated makes the prospects potentially very complicated. In any event you start with a contract action, however, absent some written agreement or statute you will be paying for the attorney's fees out of pocket and seeking to recover them if you prevail in a lawsuit. The value of the jewelry vs. the expense of litigation is always an issue for online purchases. If you have questions about how we can help, you can always call our office to arrange for a FREE conference at 1-800-922-6442.... Read More

You are entitled to get copies of ALL paperwork regarding settlement, though you may have to pay for copying fees. If you are goiing to hire another lawyer you need to do so BEFORE you sign anything or make any agreements and you may have to pay the second lawyer at an hourly rate or flat fee for second opinion as it sounds like you case settled and most lawyers wont look at a case for free to reassure you so another lawyer can get paid. You can call our office 1-800-922-6442 for FREE consultation on this issue if you would like.... Read More

Well, unfortunately, its not terribly uncommon for parties to a contract to say they can’t pay when that money comes due.  However, you mention you have a contract with these guys so you should have a case for breach of contract.  Of course, this is coming upon the assumption that they aren’t paying in conjunction with the repayment procedures outlined in the contract.  For example, it’s a different story if the contract says they are to pay at X date and you call up asking for the money earlier than that date.  That said, if the money is due and they aren’t paying, it may be time to take the next step.  My advice would be to consult with a contract or business litigation attorney and have them litigate this for you.  Litigation can get pretty complicated so you don’t want to make any mistakes that will cause great delay, or, even worse, a loss.  Best of luck.... Read More

Well, you’re probably not going to like the answer, but it is ‘maybe.’  Leases, particularly equipment leases can be tricky – especially when it comes to the fine print (or boilerplate).  That said, it sounds like you may just have a way out of the contract.  In my experience, equipment leases get tricky because the leasing folks don’t really care whether it still does what you need it to do; however, it does matter when the equipment is no longer compliant to even do the standard job for which it was built.  And you may even have other provisions that work in your favor.  Be careful, though – even if you have a strong legal defense to a breach of contract action, if you just stop paying, they’re likely to sue you to recover the equipment AND potentially for economic loss on the contract.  Also, be aware of whether or not you are personally liable on the contract.  These things can get into some big bucks for breach suits.  I would highly suggest sitting down with an attorney to review the contract in detail and perhaps even hire the attorney to help you negotiate your way out (and maybe even litigate if necessary.)  Best of luck.... Read More

This is classic issue. Unfortunately, either way you go you will likely be paying money out of pocket to address this or at least risking it.  To be candid, its cheaper to pay the $635.00 than to litigate the issue under Fla. Stat. Chap. 83 or your lease unless its a matter of principle and money doesnt matter, then you should hire a lawyer to help you send notice to LL of issue and prepareto file lawsuit.... Read More

Apparently, the Miami lawyer disagrees with your assessement as do I. Any multistate litigation or judgement and enforcement issues are inherently complicated. For example, if you sued up there, the person here can oppose the judgment's enforcement or domestication here. There really is no cheap way around this issue, and using a paralegal would require a paralegal illegally practicing law, so you know how that is likely to turn out. The economics litigation impact this case more than the legalities.... Read More

By definition, if it is a small claims case, no lawyer will touch the issue absent some means of recovering for the actual legal work performed. Simple math that small claims is maximum $5,000.00 case and lawyer gets 40%, lawyer can't handle unless he knows he resolve the issue for $2,000.00 of legal work, which divided by X dollars per hour ain't much time total.  This said, most of these cases are handled on a retainer basis, where the client pays the lawyer and seeks reimbursement is succesful at court. ... Read More

Not sure how secuirty video would help. The REAL forfeit date was whatever it was. If you showed up to pay AFTER real date but before wrong date, you might have a very weak case. If they sold the items early regardless or they were stolen or lost while in pawn, you might have much better case, but will have to prove proper value. If you are looking to hire a lawyer you can call our office at 813-877-6442 to arrange for a FREE in office consultation. ... Read More