South Carolina Breach Of Contract Legal Questions

There is a possibility that the no-refund provision of the conract would be considered an unenforceable penalty by a court, but it is not by any means a slam dunk.  Also, although you may have a short period of time to cancel, it doesn't sound as if you do so.  In general, unless a conrtact expressly provides for it,  you don't have a right to cancel a contract; that would be a breach and, even if the venue couldnt' keep all of your deposit, you would be responsible for any damages it suffered because of the breach, for example if it could only book a smaller event for that date.... Read More

I'm sorry, and admittedly I don't know the full story, but I think your husband is right. Did the post-nuptial provide that your husband had no right to your home, or no right to the proceeds of the mortgage lawsuit, because those are two very differen things.  The settlement proceeds relate to the mortgage loan, not the house.  If we finance a car togdther, I no longer have any right to the car after I sign it over to you, but that doesn't mean I am no longer legally obligated to make payments or that I have no right to any refund if the car dealer or the automobile lender overcharged us I'm assuming your husband's name was on both the mortgage and the lawsuit, which means that Wells Fargo will not cut a check to you alone without his consent. I'm also assuming that you and your husband sued Wells Fargo for some impropriety in your mortgage loan, and that the settlement represents some overpayments or other expenses that you both, as the obligors, incurred due to the bank's wrongdoing.  If so, and if your husband only signed over his right to the house, he would have a claim to his portion of the settlement (just as he remains liable on the mortgage). This would be even more clear if you knew about your claim against Wells Fargo at the time of the post-nup but nevertheless it didn't provide that your husband signed over rights to the proceeds of the lawsuit.  The agreement is likely going to be the last word on this dispute, and if it didn't provide for your husband to waive his rights to a share of the proceeds of the lawsuit, then he still  has those rights.... Read More

No, but a default judgment could be entered against you which you will have to pay.  Also, although you can't be jailed simply for defaulting on the lawsuit, if you disobey an order of the court (for example to produce documents) you could be held in contempt which could lead to incarceration.... Read More

The assignee (buyer) of the contract stands in the same position as the original contracting party, meaning that your mother has the same contractual rights vis a vis Fay as she did with Beneficial, amendments and all.  The question is can your mother prove that the contract was amended?... Read More

Depends. If you have a lawyer you trust, you can use him/her, but if the matter goes to court you’re going to have to use a Delaware attorney, either alone or s co-counsel to your first attorney.  If you have no particular relationship with an attorney yet, you might as well start with a Delaware attorney / it would be cheaper. ... Read More

You don't indicate whether the "father's company" is a separate entity (i.e. a corporation or llc), in which case his death affects nothing, the entity (not the daughter or any sibling) remains liable.  If the father ran a sole proprietorship, i.e. the bussiness was not a separate legal entity, it gets more complicated.  The daughter (or sibling) still has no individual responsibility for the father's obligations, but you would have a claim against the father's estate, and may be able to collect from the estate's assets, such as the business, even if they were transferred to the daughter.... Read More

If your contract was that you would share the car, then you have the right to share the car, or the proceeds of the sale of the car.  Of course, in any suit to enforce these rights, your ex will have his own story, and there is no guarantee that the court will believe you, but the more you can prove what you say in your question with documents and/or the testimony of uninterested witnesses, the better your chances.... Read More

If the bank or finance company was willing to loan the money to your friend alone, they would not have needed you to be a co-signer, so it is very doubtful that they will let you out voluntarily.  However, some states have statutes which allow people to back out of certain contracts within a short period of time (if you do so your friend probably will not get the loan).  You should contact your local consumer affiars agency to see if SC has such a statute covering this situation.  Hurry, because the period is generally around 3 days.... Read More

No, unless your contract provides you with that right, or you have some sort of statutory lien on the property (for which I see no basis).  It's your friends' property, and while you claim that they have breached your contract and owe you something, right now that is nothing more than your claim, with which your friends would no doubt disagree.  Put bluntly, you can't just take someone else's property because you claim that they owe you something.... Read More

Technically the buyer could sue you for breach of contract, but I doubt he/she will, or, if he/she did, would be able to show any damages, if you refunded the money.  I don't know what a 3ds is, but if it is unique, and the buyer really wants them, he/she might be able to get a Court to compel you to fulfill the contract.... Read More

There is no crime in not paying off a loan which was properly and legally obtained.  You can be sued and, if a judgment is entered against you, it will probably include interest and court costs and may include attorneys' fees.  The judgment can be collected by garnishing your wages or selling your assets, but you won't go to jail.  I would write a letter to Epstein Weinberg telling them that you don't owe the debt, that their tactics violate the Fair Debt Collection Practices Act, and that if they don't stop harassing you you will report them to the appropriate authorities.  Then keep a record of every communication you have with them, and report them to the Better Business Bureau and anyone else you can think of if they don't stop bothering you (by bothering I mean calling at work, etc.; I don't mean suing you.  If they think you owe money, they have the right to sue you.)... Read More

Breach of contract is a cause of action, but it is possible that you failed to plead all of the elements of that cause of action, which include a valid contract, breach by the other side, performance of all contractual obligations on your side, and damages caused by the breach.  Of course, the attorney for the defendant will always argue that you have done something wrong, that doesn't mean that  he/she is right.  You don't have to amend until the  Court tells you you have to, and when and if it does, it will specify the defects in your pleading, which you can then correct.... Read More

If by "someone owes me 12,000" you mean that you have a judgement against someone for $12,000, you can record that judgment as a lien against that person's real property.  The exact procedures differ in different jurisdictions, so you should consult the office of the County Clerk in the county in which the property is located.  If you do not yet have a judgment, and have no agreement with this person in which that person has given you a security interest in his property to secure his debt, you will have to obtain a judgment by suing the debtor.... Read More