Breach Of Contract Legal Questions

Hello, Not sure from your situation if a lawsuit has already been filed against you, or if you have been served with a lawsuit, or if judgment has already been entered. I am not licensed in your state, so I cannot provide you with specific legal advise for your situation. However, I would urge you to act immediately and seek legal counsel to assist you in making a decision.  Here in Kansas, when someone is seeking bankruptcy it is not uncommon for the bankruptcy attorney to reach out the attorney for the creditor to let them know what is going on or file an answer to the lawsuit prior to judgment being entered. With the goal of providing additional time to get a bankruptcy completed.  Or a bankruptcy or another attorney could be of help in negotiating  on your behalf.  ... Read More

It can be tried in either if the defendant has enough contacts with the place to confer jurisdiction upon it (here I'm assuming that Canadian law is the same as U.S. law), but where the case is brought does not determine what substantive law applies.  If you are sued in a U.S. court over an accident that took place in Canada, for example, it is likely that Canadian substantive law (as opposed to procedural law, like how liong you have to oppose a motion, etc.) would apply even though the suit is taking place in the U.S.  In that case, which law applies to the attorneys' fee question would depend on whether the basis (whether based on contract or statute or court rule) on which fees are sought is substantive or procedural.  My gut says that this is a substantive issue, not a procedural one, but I'm not 100% certain.  ... Read More

The terms of your written contract should direct any reporting the gallery is supposed to provide to you on any sales.  To the extent you are not getting the information you are entitled to under the agreement, you might consider hiring a lawyer to review the agreement, assess options, and potentially contact the gallery on your own behalf.  Consider hiring a lawyer who would do that on a reaosnable flat fee basis.... Read More

Anyone can be sued by anyone, the question is whether the claim has merit.  There's no way to determine whether your NDA allows you to be a consultant without reading the contract, and even if it does prohibit consultancy such a clause may not be legally enforceable.  Restrictive covenants in employment are viewed skeptically, and generally are not enforced unless the employer can show that they are no broader than is necessary to protect the employer's legitimate business interests... Read More

You will need to actually RETAIN a lawyer to address this issue - the problem is that it will likely cost you more than the amount in controversy to resolve it. It may easier simply to give him the title/deed and chalk it up to better handling on your part with a real estate lawyerin the future. ... Read More

If you loaned the money to the husband, with no loan to or guaranty from the wife, you have no claim against the wife ond the debt.  However, if you believe that assets titled in her name are really the husband's in whole or part, or if you believe that he made a fraudulent conveyance (see below) to her, you can go after those assets once you obtain a judgment against the husband.   A fraudulent conveyance is when a debtor transfers assets to someone else with the intent to keep those assets away from his creditors OR when a debtor who is involvent, or is rendered insolvent by the transfer, transfers assets to someone else for less than fair consideration (i.e. selling a car worth $20,000 for $12,000 would be an $8,000 fraudulent conveyance) and then can't pay his debts.... Read More

The governors stay does NOT apply to non-rent based lease issues. The landlord can and will likely be successful in evictinhg you. If you were given a 7 day notice to get your sone and his GF off of the property because they were not tenants nor allowed to reside there, and then you allowed them back in when "the coast was clear" and the LL caught it  - you walked right into a lease violation and eviction. Unless you can smooth things over with the LL, you are going to be in a bind and it won't matter that you can't afford to move, the Sheriff will physically toss you tpo the street when the LL gets a writof possession. To be clear - you are equallyt NOT entitled to your rent back so the landlord isbeing pretty nice to give you the rent money back, presumably if you leave on your own. ... Read More

This is what happens when people skimp on lawyers for business transactions. You won't get your business back based on the facts described above and "what is included" you would know better than anyone on the internet because you brokered and documented the sale. We can certainly draft and send the "default" letter, but if the buyer cures the default, thats likely that.... 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

Although I have never been to smalls claims court just because lawyers are not allowed to represnt litigants in small claims, I believe that the rules of evidence are relaxed.  Therefore, you should consider presenting the text messages as evidence as long as you can establish that they were from the defendant.  Even in civil trials, text messages may be used as evidence after laying the foundation and authentication. Go for it.... Read More

I sounds like you are paying through a finance lease.  these are difficult to get around, as you have remedies from the vendor, but the obligation to pay the finance co. is likely written as "Non-cancellable", and states you are to lok to the seller for any remedies. I would want to look at the contract(s)' force majure clauses - depending how they are written, you may have force majure as a defense, especially if your business is one that that has been shut by Gov. Abbott's Orders.... Read More

If you can (meaning if you can find one who will take the case), you probably should engage a collection attorney who will work for a percentage of the monies collected.  It sounds like the venue may not have enough funds to repay you, which is likely to be a  common occurrence with the current economic circumstances.... Read More

In New York, by executive order of our governor, all time deadlines for lawsuits have been tolled until at least May 15.  I don't know if the same is true in Idaho, but you should check online.  If not, or if you can't find anything, you should contact the clerk of the court and ask for help with your issue.... 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

This is an unusual circumstance.  But the mechanism for how and when the landlord ("LL") may/is required to return your deposit is governed by the lease.  It's tough to say whether beaches will be open in June but the LL might say it was only required to give you possession to the house (and not also the beach).  In any event, you might consider hiring an experienced lawyer (on a flat fee basis) who can help you assess your options and work out a resolution with the LL that is mutually beneficially.... Read More

It's been 4 months since you filed or since you were discharged?  If, as I assume, the former, the lender can't do anything except through the ccourt due to the bankrutpcy automatic stay.  The car will be disposed of as part of the bankruptcy estate.  I expect that matters are delayed due to the corona virus.  Here in NY, courts are closed except for emergencies.... Read More