Breach Of Contract Legal Questions

To be candid, the "this is too big of a case for us little civil rights lawyers" is a politically correct way to say "thanks but no thanks, but call us when you have a GOOD case". There is no lawyer in America that is to small to take a great case, because they can always refer it out or bring in bigger law firms "on a great case". To be clear a Nolle Prosse is NOT a declaration of your innocence regardless of movielore, but simply the States declining to prosecute for any of dozens of reasons. I fyou are inlcined to file a civil rights/malicious prosecution claim on the facts presnted, you will likely need to fund such litigation out of pocket as no conherentlawyer would take such a case on a contingent fee for any of a number of reasons. You simply need to get down to the business of hiring a lawyer with a retainer to handle this issue. You might want to ask your criminal lawyer for a referal if you cant find someone otherwise or use the find a lawyer feature here. ... Read More

There is generally no need for a witness or notary to have a valid contract, but I assume there was more than just hte parties' names.  There would need to be sufficiently definite terms,i.e. A is selling this car to B for this price on February 1.  If these terms are not included, the paper itself may not be enough, but the buyer may be able to incorporate other writings (e.g. the correspondence between you) to flesh out the terms.... Read More

I'm not sure exactly what you're asking.  You would sue on this verbal contract exactly the same way aas you would a written one, you may just have a tougher time proving your case if it goes to trial.  If you're asking the specific procedure you should follow, you should speak to the clerk of whichever court you are going to sue in (if the case is small enough, small claims court would be the easiest).... Read More

Following a court's final judgment, a prevailing party's right to execute on said judgment does not immediately accrue. Tenn. R. Civ. P. 62.01 requires that a party wait 30 days after the judgment is issued before execution on the judgment. Thus, unless the trial court grants a stay of execution during the appeal, then you can execute on the judgment.... Read More

Unfortunately, absent very unusual circumstances which aren't mentioned in your question, the statute of limitations on your wife's 25 year old civil claim ran out long ago.  However, it is barely possible that the police might still be able to do something on the criminal side if you give them the information.... Read More

If ADT did not live up to the contract, and that breach caused you damage, you would have a claim for breach of contract.  It is not clear to me that either of the above is true, because I'm pretty sure that the contract would only require ADT to notify the fire department, and its' not clear to me that it did not or, if it didn't, that it would have made  difference since you called the fire department anyway, but you know the facts, not I. One major problem of which you should be aware, I am pretty sure that ADT's contract will contain a limitation on liability providing something along the lines that if ADT screws up, its liability will be limited to some nominal amount, or perhaps the amount of the monthly fee you pay.  In my state, such a limitation is enforceable as long as ADT wasn't reckless or grossly negligent, but, assumiong such a claus is in your contract, you should check with a CO attorney about whether and to what extent it is enforceable in Colorado.... Read More

Its the "without our permission" part that will be problematic. There is no "right" to keep a contract or terms and use a service. Most instances when a new phone is bought or events dictate, the service provider can require whatever new contract terms it desires with the remedy of taking your business elsewhere. That is an important point as many times the "correction" made or honoring of earlier terms is a CS issue not a contractual entitlement and when siging things to get new phones people oftem grant the permission in writing that they didnt read which supercedes and verbal claim otherwise. You will need to have a lawyer review ALL of the documents at issue if Verizon won't switch it back and then go from there, but it may not be worth the legal fee expense. ... Read More