Breach Of Contract Legal Questions

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Breach Of Contract Questions & Legal Answers - Page 15
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Recent Legal Answers

Should I sue this artist

Answered 7 years and 10 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer
It seems to me that you abandoned the project.  Why didn't you just tell him you wanted him to adjust the initial drafts? That would have been a normal part of the process.  I think he's done his part at this point for the half you paid him.  
It seems to me that you abandoned the project.  Why didn't you just tell him you wanted him to adjust the initial drafts? That would have been a... Read More
Its not "stolen" because you and you mother don't notice the issue nor raise complaint about it for over 18 years. That stated, it might be possible to sue for a refund, BUT, the expense and risk assciated with such a lawsuit may not be worth it and may be limited to only the pasy 5 years or so. ... Read More
Its not "stolen" because you and you mother don't notice the issue nor raise complaint about it for over 18 years. That stated, it might be possible... Read More
This is why you HIRE lawyers to handle such transactions. What you saved skimping on legal fees you just lost 10x in controversy. If you are asking about some breach of contract issue, you will need to fnd the means to hire a lawyer to handle this issue ASAP.
This is why you HIRE lawyers to handle such transactions. What you saved skimping on legal fees you just lost 10x in controversy. If you are asking... Read More
Unless the entity is a US company - and its sounds like this is a Chinese entity, you likely SOL and such is the risk of dealing with international entities to work in a Communist country. The amount in dispute alone renders any legal action impractical. 
Unless the entity is a US company - and its sounds like this is a Chinese entity, you likely SOL and such is the risk of dealing with international... Read More

Small claims against Moving company

Answered 7 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will need to hire a lawyer to handle what is called a CARMACK case - if you have a move across the country I doubt this will be a small claims case. 
You will need to hire a lawyer to handle what is called a CARMACK case - if you have a move across the country I doubt this will be a small claims... Read More

Do I have a case against this company?

Answered 7 years and 10 months ago by attorney Bruce Robins   |   1 Answer
It seems as if your mother has a case for breach of contract (you may not have a written contract, but any enforceable agreement - here to perform remodeling work for an agreed amount of money - is a contract) in that the work she contracted for has not been done properly.
It seems as if your mother has a case for breach of contract (you may not have a written contract, but any enforceable agreement - here to perform... Read More

How to do I file a judicial partition suit in NYS Supreme Court

Answered 7 years and 10 months ago by attorney Bruce Robins   |   1 Answer
I don't think a partition action is your proper course of action.  Rather I believe you need to seek relief in the context of the matrimonial action, perhsps a motion for contempt since your ex seems to be deliberately frustrating the Court's judgment (I assume the settlement agreement was incorporated in the judgment or otherwise memorialized as an order of the Court).... Read More
I don't think a partition action is your proper course of action.  Rather I believe you need to seek relief in the context of the matrimonial... Read More
It sounds as if they are in breach of contract unless the contract provides for their action.
It sounds as if they are in breach of contract unless the contract provides for their action.
It sounds like the judge has already denied your motion to dismiss.
It sounds like the judge has already denied your motion to dismiss.

What is the statue of limitations on contract disputes?

Answered 7 years and 10 months ago by attorney Bruce Robins   |   1 Answer
The California statute of limiations for breach of contract is 4 years from breach, i.e. four years from when they claim you failed to pay them the money due them.
The California statute of limiations for breach of contract is 4 years from breach, i.e. four years from when they claim you failed to pay them the... Read More
Yes, but it may have to be in writing, since contracts that cannot fully be performed in one year are required to be in writing.  Also, if you donlt hae it in writing, there is no guarantee that the court will believe your story rather than your sister's who may claim, for example, that she agreed only to make payments on the car so long as she used it.... Read More
Yes, but it may have to be in writing, since contracts that cannot fully be performed in one year are required to be in writing.  Also, if you... Read More
I do not see a question.
I do not see a question.

Can I fire my roofer for abandoning the job

Answered 7 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will need to hire a lawyer to review your contract and then go from there. There is no simple resolution to this, especially if you paid the roofer and look to recover money. 
You will need to hire a lawyer to review your contract and then go from there. There is no simple resolution to this, especially if you paid the... Read More

Small claims court breach of contract help

Answered 7 years and 11 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer
If you paid with a credit card, why not call your credit card company and see if they'll reverse the charges?  They may have a dispute resolution process.  If that doesn't work, then you can file a claim with your local magistrate.  The problem is collecting if you get a judgment, especially if the company is not in Pennsylvania.  I'd try the credit card company and see if that will work for you. ... Read More
If you paid with a credit card, why not call your credit card company and see if they'll reverse the charges?  They may have a dispute... Read More
Unless your contract (or a statute, like a mechanic's lien) provideed for it, you can't impress a lien on the debtor's property until you obtain a court judgment that she owes you the money you claim.  You must sue her for breach of the  loan contract.  When you win and get a judgment, you will be able to utilize a variety of collection devices to collect on the judgment, including placing liens on her assets (e.g. the condo) and foreclosing on them.  Of course, if she has no equity in the condo, and no other assets to pay back the debt, you may not be able to collect anyway.... Read More
Unless your contract (or a statute, like a mechanic's lien) provideed for it, you can't impress a lien on the debtor's property until you obtain a... Read More
You are likely to find that the ability to collect money from fraud scammers or just shady defendents is very difficult anda task most any competent lawyer will decline if you are expecting a contingent fee arrangement where the lawyer gets a percentage of the funds collected, an 40% of o 0 = 0. You will need to decide whether you want to spend money out of pocket hiring a civil trial lawyer to sue the entity and its operators to try and recover your payment and possibly expose the sham you describe... Read More
You are likely to find that the ability to collect money from fraud scammers or just shady defendents is very difficult anda task most any competent... Read More

What do I do?

Answered 7 years and 11 months ago by attorney Jonathan Howell   |   1 Answer
Hi Michelle, If you have an executed agreement and have fulfilled your obligations under the agreement to date you should be able to force the transaction to go through. I have handled similar matters in the past and would be happy to discuss with you if you are still looking for assistance. Thanks,Jon... Read More
Hi Michelle, If you have an executed agreement and have fulfilled your obligations under the agreement to date you should be able to force the... Read More
Life is unfair. The problem here is that you dont seem to unerstand how financing and calculations of interst work. If you finance 16,000.00 and pay 13,000.00 over 2 years - you do NOT just owe $3,000.00. You may want to bring your finance agreement to a CPA and them explain it to you. ... Read More
Life is unfair. The problem here is that you dont seem to unerstand how financing and calculations of interst work. If you finance 16,000.00 and pay... Read More

can my landlord raise my rent 150 dollars

Answered 7 years and 11 months ago by attorney Bruce Robins   |   1 Answer
Is your space rent-controlled or rent-stabilized?  If not, the landlord can ASK for what he wants, and you can refuse and make a counteroffer, and move out if you can't get the landlord to agree to what you consider a fair rent.
Is your space rent-controlled or rent-stabilized?  If not, the landlord can ASK for what he wants, and you can refuse and make a counteroffer,... Read More
Thats what happenes you you play bank.......you can try to sue the DV - problem is he is likely judgment proof and you are stuck paying to protect your credit. Poor choice to loan money to anyone that you cant just wanlk away from. Keep that in mind in the future. 
Thats what happenes you you play bank.......you can try to sue the DV - problem is he is likely judgment proof and you are stuck paying to protect... Read More
This question has been asked several times over several weeks in various forums. That you STILL have not retained an attorney to pursue this is simply silly. Unles syou can afford to eat $135,000.00 every day you waste not getting this sorted out cost you more money. 
This question has been asked several times over several weeks in various forums. That you STILL have not retained an attorney to pursue this is... Read More

Breach of contract on a house sell

Answered 7 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
As its unlikely you hired a real estate attorney to handle the transaction from the start, you will likely now need to spendmore to hire such a lawyer to sort out the mess you made. Hire a real estate lawyer ASAP. 
As its unlikely you hired a real estate attorney to handle the transaction from the start, you will likely now need to spendmore to hire such a... Read More
if you are hiring a lawyer monday, presumably they will address this with you. 
if you are hiring a lawyer monday, presumably they will address this with you. 
You needto talk to a "collections" laywer. Be prepared for a lack of interest unless you are paying up front fees, or a big chunk of collected funds as most collection law firms are not excited about hard to collect "one off" accounts. IN the future NEVER let a customer/client get deeper into your pocket financially than you can afford to walk away from. ... Read More
You needto talk to a "collections" laywer. Be prepared for a lack of interest unless you are paying up front fees, or a big chunk of collected funds... Read More