Breach Of Contract Legal Questions

You will need to defend the lawsuit or risk losing and having ajudgment entered against you. A judgment allows creditors to raid bank account or seize assets to sell where you will have to fight to address what they can take. You may want to ask local legal aid for help if you qualify. Other wise you will need to retain counsel at your expense. ... Read More

The Texas Lemon Law geneally covers new cars, but your used car may be covered if it is still under the manufacturer's original warranty or if the defect started and was reported to the dealer while the car was still under the manufacturer's original warranty and the defect continues to exist. You should seach for attorney who specifically deal with warranty defects and the Texas Lemon Law in particular.... 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

You would draft a complaint setting foth the basis for the court's jurisdiciton and your claim, you would draft a summons (forms can be found on the court's website), you would buy an index number online and efile the summons and complaint.  Then you would cause the defendant to be served with the summons and complaint.  For more details, you should contact the clerk of the court.... Read More

It depends upon the terms of the written guarantee and settlement agreement.  My settlement agreements always include a clause stating that if the debtor defaults, then judgment may be entered for the remaining balance under the contract.  But this may be possible without this clause.  In addition, depending upon the terms, you might be able to collect costs, interest and attorney fees.  I would sue him in Sacramento, and then have the judgment entered in Texas.  ... Read More

Hi Christopher - if you have an employment contract it seems strange that the company is suing an LLC.  You may have some claims against them for breach of contract, misclassification, wrongful termination, among others.  I'd be happy to discuss this with you if you want to set up a time to discuss.  ... Read More

You would cancel the contract due to the consultant's material breach in not delivering the services for which you paid.  Be prepared to be sued for the balance, however.  To succeed, you're going to have to prove that the consultant did not deliver what it was contractually obligated to deliver.... Read More

Of course, anyone can sue anyone for anything, and if you're believed it sounds as if you would win.  Nobody has to be hurt physically for you to have a case, you were hurt monetarily, and you may be able to recover the money you lost.  Whether that's enough for you to go through the hassle of a lawsuit is up to you.  It would help if you had evidence beyond your word, for example pictures of the filthy microwave.... Read More

Are you saying that the statute of limitations was up on your personal injury action or your malpractice claim against the attorney?  If only the former, sue the attorney for malpractice.  Malpractice actions are difficult because you have to prove that you would have won your case if the attorney had not scriewed up, but you have a chance.... Read More

Since contracts are a State-Law issue it is worth mentioning that nonrefundable fees are rare in New York. However, before jumping into any conclusions as to whether you can a get a full refund it is necessary to see the contract you signed, if you signed one. If a service provides failed to disclose a material fact such as coverage area you might be able to recover. However, there is no information to know for sure. That said you may want to consider sending a strong Demand Letter asking for the full refund. Then, if you don't get an answer you may consider filing a lawsuit. This could be framed as a small claims consumer dispute. However, keep in mind that in order ro sue in New York the Defendant must be located in New York. Finally, if you are thinking on engaging legal cousel, keep in mind that attorney's fees are only recoverable in certain cases, ond of them, when it has been agreed into the contract. ATTENTION. Thid is not legal advice. The information provided in this website is of general character. ... Read More