QUESTION
Is there any possibility of the suit succeeding?
Asked on Oct 17th, 2013 on Personal Injury - Michigan
More details to this question:
Martin owns a grocery in Buruburu estate known as “chukua na ulipe Ltd”. Babra is one of Martin’s regular customers. She has established long standing clientele full of mutual trust whereby she takes her daily needs and pays for them at the end of the month. This has gone on since January 2013. But since the beginning of august to date (3 months) Martin has not been able to receive any payment from his customer Babra. On 10th of October Martin accompanied by police officers went in a bid to demand payments from Babra, but to his disappointment but to his disappointment Babra had been admitted in mathare hospital having suffered irreparable imbecility. The police refuse to take any action and go ahead to tell Martin that the law does not allow apprehension of a person with a mental problem. Martin appoints you as his lawyer to help him recover what Babra owes him.
7 ANSWERS
Edwin K. Niles
This forum is for California law only.
Answered on Oct 22nd, 2013 at 7:04 AM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
at
Law Offices of John W. Merting, P.A.
Update Your Profile
The grocer can bring a suit, probably small claims court against customer for the groceries she got from the grocer.
Answered on Oct 21st, 2013 at 10:20 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
If Babra is in a mental institution, probability is he/she has no money. Martin can file a lawsuit and possibly get a judgment, but will not likely be able to collect.
Answered on Oct 21st, 2013 at 8:46 AM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
This sounds like a law class question. I would advise you to review your notes as this question raises numerous issues, and I may not address the ones your teacher intended this question to address. More importantly, I might tell you the right answer without giving the name to the legal principal the teacher is addressing. For example: Implied contract: Although there is no written or oral agreement that Barbra (hereinafter "B") will pay at the end of each month, this has become the habit, therefore, there may be an implied contract that B's payment Is due at the end of each month. If you can establish an implied contract with these terms, you will get a judgment. If not, you may lose on the ground that B's debt is not yet due, especially given her incapacity. Now for the real world. She owes the money. You can sue her. She may be able to put off losing the suit for awhile based on her incapacity. Ultimately, however, she owes the money and if she does not pay it, you will get a judgment against her. However, if she has no assets, you may never collect.
Answered on Oct 21st, 2013 at 3:19 AM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
This does not sound like an NC case. police don't help folks collect bills in NC and you cant do anything with a person who is not of sound mind, probably not anywhere in the world if the person has assets and has a guardian appointed to look after the assets then you could make a claim against the estate.
Answered on Oct 18th, 2013 at 2:32 PM
I don't think this site is here to help with homework.
Answered on Oct 18th, 2013 at 2:28 PM
Ronald A. Steinberg
I am only licensed in Michigan. I think you need an Indian or a Pakistani lawyer.
Answered on Oct 18th, 2013 at 2:27 PM