Business Litigation Legal Questions

No way to aswer this without ALL of the details and review of the letter. If you are car is in impoud and subject to sale to pay the lein, pay whatever the amount is to get the car back THEN go back and fight over whether they cheated you....otherwise you are risking losing the vehicle if your position in not correct ... Read More

You will simply need to keep looking until you find a lawyer to represent you. Bear in mind that in most instances you will need to pay for the legal fees "out of pocket" as few such cases are taken on a contingent fee basis for variety of reasons. That said, delivery reciepts are only useful if there is evidence of the contents of the envelope. You might consider making a cell phone video of the check, you placing it in the envelope and then sealing it with the certified mail card, etc. Otherwise, resolving this shoudl be as simple as putting a "stop payment" on the check and reissuing the check if they claim they never got it. It should be easy to determine if the check was stolen and cashed by someone else just by checking your bank account. ... Read More

In theory co-signor can sue for breach of contract or a declaratory judgment action to be released from the terms. This ALL supposes that the loan document doesn't include waivers to the co-signor for modication by the primary parties. You will likely need to retain a lawyer to review the document and then aid in deciding what to do. ... Read More

Not sure how to address your issue - as you relate that you only paid HALF of your retainer fee and it sounds like you are trying to leverage yourself out of paying the other half. Whether you are entitled to a breakdown of the work and billing will depend on the details of how the lawyers were retained. You will need to reivew the details of the retainer agreement preferably with a lawyer. If you can't get it resolved, you can contact the Florida Bar ACAP program to see if it can be worked out. ... Read More

Based on how you present the facts, its virtually  impossible to determine what the issue is other than you are wanting them to return $2,000.00 to you because of something to do with an auto payment. You will likely need to speak directly with a lawyer to explain the issue or possbly repost the issue and explain it clear and understandable terms. If this is about an overpayment, in many instances the overpayment is simply applied as a credit to your account. If THEY took out extra money they should not have via ETF, then you might have a different issue to address. ... Read More

As with many legal issues the short answer to your question is:  It depends.  Whether the landlord can take property in your leased space to satisfy an obligation for unpaid rent depends upon the terms of your lease.  So, a review of the lease would be necessary to determine if the taking was permissible or not.  If the lamdlord took the tablesfor nonpayment of your daughter's rent that seems less likely to be legal but, again, would require a review of both leases - maybe you guaranteed the payment of her rent in your lease and did not realize it.... Read More

As I understand it, you co-signed on a loan for your son's friend.  Friend sold the trailer and skipped town with the money.  Do I have the story straight? First off, if you know where the trailer is, contact the lender and tell them to reposes the trailer. Secondly, contact volunteer lawyers project or another non-profit in your area.  Unless you can pay a lawyer out of pocket, you will need a volunteer lawyer.... Read More

If that is all they are offering you, your next course of action would be to file a lawsuit against Home Depot. It is unlikely that a lawyer would take the case on a contingncy (percentage) basis, so you will probably have to hire an attorney and pay them for their services. However, your attorneys fees could possibly be recouped as part of the lawsuit.... Read More

 Yes, you can take legal action to evict a tenant who has not been paying rent and has caused damage to the property.  In your case, since the tenant has allegedly caused damage to the property and has not been paying rent, you have strong grounds to pursue eviction. You may need to provide evidence of the tenant's nonpayment and the damage caused to the property. It is also advisable to follow the proper legal procedures for eviction, which typically involve giving the tenant written notice of the nonpayment and your intention to terminate the rental agreement if the rent is not paid within a specified period. Given the complexity of eviction proceedings and the need for proper legal representation, it would be beneficial to seek the assistance of a lawyer who can guide you through the process and represent your interests in court. Some legal aid organizations or pro bono services may be able to assist you if you are unable to afford a private attorney. In summary, you have legal grounds to evict the tenant for nonpayment of rent and property damage. It is important to follow the legal procedures for eviction and seek legal assistance to ensure that your rights as a landlord are protected. Disclaimer: The information provided in this response is for general informational purposes only and does not constitute legal advice. While I am a lawyer, I am not your lawyer and no attorney-client relationship is formed by this communication. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. The content is provided "as is" without any representations or warranties, express or implied. I disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this response.  ... Read More

No - there is no case here based on the facts p[rovided nor "racism" based solely on the melanin content of the parties. In the future, its ALWAY a good idea to return to the person you prepaid for the items to show them what you got. There are many people people that pre-pay for such items and then rather than 10 bags take 12. Equally - there should have been no need to "get a manager" or review cameras, as all that would have been necessary was to produce the receipt he was provided when he pre-paid for the items. ... Read More

I'm sorry to hear about this disturbing and tragic incident. However, since animals are treated as chattel or property, you can only recover economic damages and not emotional distress damages for your mental anguish. This may come as a shock but that's what the law in almost every state allows. Accordingly, it is going to be very difficult for you to find counsel who is wiling to take on this case. Still though, contact multiple attorneys in your state to get their opinions. I wish you the best of luck! ... Read More

Your post is confusing as on one hand you complain that the conditions are intolerable and the landlord refuses to make repairs and then it seems refuse to leave and want to defend an eviction which would result in your removal from the property and demand the right to stay in such conditions. Your best bet is to retain a lawyer, possibly through legal aid if eligible, to negotiate a lease termination and relocate. ... Read More

Unfortunately, as with many issues regarding construction contracts, many of the rights and remedies of the homeowner are derived from the written terms and conditions of the agreement itself, rather from any statutory or regulatory authority. In very general terms, Florida law provides for a further regulatory scheme regarding construction "defects" that may well apply to this situation.  Furthermore, Florida law does regulate the construction trade, and a failure to complete work, may, and I stress may, give rise to a claim of abandonment under Chapter 489.  If the fence contractor failed to provide the work as was promised in the contract or complete the job, there may well be claims for breach of contract.   At the end of the day, anything more than the most general of comments as to constructuction disputes requires actual review of the written agreement together an analysis of the very specific facts and whether or not claims for breach are worth pursuing.  For instance, it might be difficult to prove damages resulting from a minor deviation from specified materials that does not affect the appearance or functionality of the fence.   Given the total amount of the fence contract, it would certainly be prudent to at least consult with experienced construction law counsel in your area.  I wish you luck.... Read More

You will need to retain a lawyer to advise you in this regard. Absent a lawyer telling you OK - republishing alleged defamatory statements after being sued for them is rarely a good idea. Bear in mind that your subjective declaration that "its all true" and "I can back up" is not the benchmark for winning or losing in court. I would suggest you retain a defense lawyer ASAP especially if this is a Federal Court case. ... Read More

This is a finanical problem not a legal one. Lenders are not typically obligated to negotiate your payment terms after the fact simply because you claim the price is too high. I will defer to your current lawyer as to what rights you do or don't have. That said, you may have to bite the bullet and sell the home, while the market is positive, to get out from under a financial deal you cannot sustain. The notion of "want" vs proper financial decision making is the bitter pill to swallow, but you are now going on 7 years removed from the loss of employment event and still have not recovered. Moreover, you will need to weigh the fact that a decent rental of a one bedroom 1 bath apartment will likely cost you the same as your mortgage payment so that becomes a factor in your decision making also. The notion that you cannot find a PT job is simply untenable as there are literally thousands of them available in any decent sized municiple area, not to mention the tens of thousands of work at home jobs or even ride share driving like Uber. You simply need to find more money even if that means changing jobs to something that pays more. ... Read More