Breach Of Contract Legal Questions

No idea what this issue is as you go from a mortgage issue to gun carrying issue to a retaining order against you by your own daughter and then a med-mail issue on top for flavor. You will likely just need to retain a lawyer at some expense to sit down and address all of these issues and help you sort them out. That said its hghly unlikely that you will have a valid 1.6 million dollar claim from a property insurance claim. ... Read More

I assume that your promissory note didn't include a chocie of forum provision, in which case it depends on whether New York can exercise jurisdiction over him.  Given that he entered itnot a contract to perform in New York (i.e. to make payments to a New York resident) iit probably can.  Sue him in NY.  However, assuming that you did not include an acceleration provision in your contract (i.e. if you default in any payment, the rest becomes immediately due), you can only sue hom for the amount he owes at that time, however many months' arrears that is.... Read More

I assume that you contracted with the company, not its individual owners, and that the company is a separate legal entity, such as a coproration or llc.  As a general rule, the owners of an entity, such as shreholders of a corporation, are not personally liable for the tntity's obligations, and separate entities are not responsible for each other's obligations even if they have the same owners.  In rare instances you may be able to "pierce the veil" of an entity to hold its owners responsbible for the entitiy's obligations, or hold a successor entity responsible for its predecessor's obligations, but not often.  The rules for doing so are too complex and voluminous to go into here, but you would certainly need to show that there was some impropriety in the way that the parties (either owner and entity or predecessor and successor) conducted business with you which warrants making an exception to the normal rules.... Read More

None, as it is impractical to pay an attorney for such a small monetary matter; it will almost certianly cost you more than the $1,000  you are seeking to hire a lawyer.  You are probably best off (a) filing complaints with whateer consumer protection agencies operate in your locality (better business bureau, government consumer affairs agencies, etc.); (b) making your complaints known on reviewing websites, such as yelp; and/or (c) suing the funeral company in small claims court, representing yourself.  Be aware, however, that, regardless of what the sales manager told you outside of the contract you signed, if the contract says that you owe the money it is very unlikely that you will be ble to get out of it. ... Read More

This is not how used car purchases work, where you keep trying them on and returning them until you get one you like. As is means - if it drives off the lot, anything to be fixed is hers to handle. Your friend is required to inspect and test EVERY car she buys PRIOR to purchasing them. The dealer was not required to have even swapped out the car the first time let alone a second. This is also what one gets when buying sub $5,000.00 "13 year old high mileage "hooptie" cars. They will NOT be running perfectly and almost always require various repairs of which some may be very expensive or even cost prohhibitive. Thats the risk of buying any car at essentially "beater" prices. At this point and at that value, she is likely better set to spend her money on repairs rather than legal fees.... Read More

If you buy a mortgage and/or tax liens, you would acquire the rights of the curent mortgagee/lienor and would be able to foreclose on those debts, meaning that you could force the sale of the house to pay them.  If you wanted the house for yourself, you could work out an agreement with the homeowner or you could bid at the foreclosure sale, at which time you would have an advantage since you could bid up to the amounts owed you without having to lay out any actual cash.  For example, if you are owed $100,000 on hte mortgage, you could bid up to $100,000 (leavign aside any fees incurred in the foreclosure process) and could satisfy it by cancelling the mortgage debt, while anyone elswe would actually have to pay it off.... Read More

There is no means to respond to this post as phrased as it is far to complex and will require a detailed assessement. Bottom line is that your lawyer appears intent on withdrawing and you will have to retain a new lawyer to handle the case at issue. If you are also being sued by the other side, you will likely be faced with paying legal fees out of pocket especially if there are issues related to the viability of your own claim. This is a common issue where some lawyers take on a defense case simply to pursue a consumer case on a contingent fee, and when its clear they aren't going to see any money, they withdraw. You can call our office for a free consultation at 1-800-922-6442 or 813-243-9233 at your conveinence. ... Read More

It sounds to me like you have a claim against him. If he has not done the work as specified by the contract he is actually in breach. What did he claim was the source of your breach? Is it because you are looking for someone else to finish the work he was unable to complete? Inability to complete the work is not an adequate defense for breach of contract. If he is either unable or refusing to complete it, you are well within your rights to find someone else to do so. In fact, you could argue that you have a duty to mitigate any damages rather than letting them accrue prior to filing an action against him. I would definitely consider contacting a lawyer to either demand specific performance (term of art meaning "make him do what he said he'd do") or return of your money, goods, and any damages caused by his delay. ... Read More

There is no inherent "10 day time frame" as you described. Most spot sales have a provision for dealer cancellation of between 30-45 days. If the financing does not go through because the co-signor doesn't qualify - they can call the deal off regardless of whether it was added to insurance or not. ... Read More

If your original contract did not include a lien (which I assume it did not or you would have filed it then) you can't just file a lien.  You hae to sue her for the money and win, at which point you will have a judgment lien.  Whether you will win may depend on whether your agreement that she pay you in intallments, or that she pay you by a certain date, or that she pay you when she could, etc?.  If your agreement was to pay you in installments, which it looks like on its face because she has been doing si for years and you accepted without suing her for breach of contract, you have no right to get your money all at once.  Also, if you sue, you will have to decide whether to sue in MO or MN.  Each has advantages and disadvantages, which yoiu shoudl probably discuss with a local attorney.... Read More

I'm not sure Iunderstand.  Did you buy half the house or did  you loan your son the money to cover half the house?  If you had purchased half the house, why would you hae a promissory note for your son to repay you?  Anyway, if you loaned your son money, you only have the right to recover that money, plus interest (plus attorneys fees and other costs if the l oan agreement so provides).  If you bought half the house, you may have the right to compel the sale of the house and split the proceeds, minus costs of sale.... Read More

If you want something the other side refuses to provide, you will have to sue for it.   Whether you're legally entitled to it or not, that's the only way to enforce your rights against someone who's unwilling to recognize them.  As to whether you are legally entitled to a copy, it depends on the status of your father's estate.  From what you've written, it seems that your dad's corporation had a contract.  The corporation has a right to enforce that contract, and has ways of getting a copy through legal action (althoygh it may be somewhat expensive and time consuming), but the question is, who owns the corporation and can therefore assert its rights?  To whom did your dad's stock pass?  If there was a will, it would pass to whoever the will provided or, if he will didn't specify, to the beneficiary of the residuary of the estate.  if no will, it would pass as a matter of law, probably to his closest living relatives.  I'm not familiar with California law, but if it is like NY law it would probably be divided between his surviving spouse and children.  The point is, however, that if you want to enforce rights belonging to the corporation, you're probably going to have to start an estate proceeding to declare who now owns the corporation, i.e. who inherited your father's stock.... Read More

Not sure what your question is. If its whether lawyers are interested, no coherent lawyer would take such a case on a contingent fee for a variety of reasons. You will likely need to consider whether its worth hiring a lawyer to push the issues further. If you are not inclined ot invest your money on such issues in legal fees, you need to brace yourself for lots of rejection. ... Read More

Hate to burst your bubble but no coherent lawyer would touch such a case on a contingent fee for a number of reasons. You can look around as long as you like, but as a practical matter you will be needing to plan on paying legal fees and costs up front and having them reimbused later if you can collect. ... Read More

Almost every civil claim requires money damages, i.e. the money you lost due to the other party's wrongdoing.  It's not like a criminal prosecution where attempted murder or burglary, etc. is just as much of a crime as a succesful murder, burglary, etc.  If you had actually broken a tooth, you might have a case for the sost of the dental work, and maybe for pain and suffering,  As it is, all you've lost is, arguably, the price you paid for hte chicken.... Read More