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1 Answer | Asked in Contracts, Gaming, Small Claims and Tax Law for Colorado on
Q: My senior class organized a game where everyone buys in and receives a cash prize. Is this legal?

My senior class organized a game where everyone bought into the game and the winner receives a cash prize. It is organized by students, not affiliated with the school. Every player signed an agreement that they accepted the rules. Students are being kicked out of the game, despite not violating any... Read more »

D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 3, 2023

Contact the Colorado Attorney General to file a consumer protection complaint.

https://coag.gov/office-sections/consumer-protection/

This may also be considered theft and/or fraud. Filing a police report may be appropriate.

You would also have a civil action for breach of...
Read more »

1 Answer | Asked in Contracts, Copyright and Criminal Law for Oklahoma on
Q: "Oklahomie" serial number: 88275112 current "status: 604 - Abandoned- After- Inter-Parties-Decision" Is it available?

Is it available to trademark or is it already taken?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Feb 3, 2023

This application and another to register OKLAHOMIE (with map) were opposed by The Board of Regents of the University of Oklahoma twice (in 2019 and 2020) which owns several registration for OKLAHOMA.

A new application to register OKLAHOMIE would most certainly be similarly opposed.

1 Answer | Asked in Consumer Law, Contracts, Business Law and Collections for Kentucky on
Q: Is this a case?

I was making payments through a truck I started financing a year ago, and those payments were being made through SMART Payment plan in which they charged me on a biweekly basis in means to help me pay off the vehicle quicker.

Problems occured quuckly and often through them. My payments were... Read more »

Timothy Denison
Timothy Denison
answered on Feb 3, 2023

Technically, there is probably some liability there but it very likely wouldn’t be worth the time, money or hassle to pursue it. If you can get reimbursed what you’ve lost ( or most of it), you’ll still be ahead of the game.

1 Answer | Asked in Contracts, Appeals / Appellate Law and Small Claims for Maryland on
Q: Is there a specific form to file a motion to vacate judgement in Maryland District Court?

Its a contract related matter and the Prince George's county entered an Affidavit Judgement. I am trying to file a motion to vacate, so is there a form that needs to be filled along with the reason for not being present before the court or just a letter addressed to the clerk/court will... Read more »

Leonard A Englander
Leonard A Englander
answered on Feb 2, 2023

You would use a general motion form. You should include any information as to why you did not show up in court, as well as any defense that you might have raised in the contract claim (i.e you didn't owe the money, you paid it already, etc.)

1 Answer | Asked in Contracts for Arkansas on
Q: Are items left in a self storage unit by unit owners and tenant of unit legal too take possession of?

Items that have been left behind in a self storage facility by the renters of the facility unit and by the owners of the unit for a certain amount of time or for a lengthy amount of time let's say is it considered abandoned property and there for the finder of the property to take possession... Read more »

John Michael Frick
John Michael Frick
answered on Feb 2, 2023

No. As long as rent is current, the length of time the property is stored is irrelevant.

On the other hand, if rent hasn’t been paid, the self-storage facility has the right—after giving written notice to the renter—to auction the contents off to pay the rent.

After deducting...
Read more »

1 Answer | Asked in Contracts, Employment Law and Arbitration / Mediation Law for California on
Q: Can I sue a freelancer on upwork or just upwork?

Going through arbitration on Upwork for work not delivered by a freelancer. Just wondering, if the arbitration team decides to take the side of the freelancer - can I sue? Since that's supposed to be the final decision. I don't know the decision yet but I have substantiative proof that... Read more »

Neil Pedersen
Neil Pedersen
answered on Feb 2, 2023

No one can advise you about whether you can appeal the arbitration decision or otherwise sue without looking at the contract. However the best that can be done is say that usually arbitration agreements preclude any other form of legal action, and even appealing an arbitration award is very... Read more »

2 Answers | Asked in Employment Law and Contracts for Illinois on
Q: Signed non-compete in IL, that I must give 10-day notice & name of my next employer before quitting. Do I have to do so?

I signed a con-compete in Illinois that reads "If for any reason I decide to voluntarily resign from the Company, I acknowledge that the Company requests that I provide at least 10 business days written notice of my intent to leave, the date I want to leave, and (as soon as I know it) the name... Read more »

Bryan R. Bagdady
Bryan R. Bagdady
answered on Feb 2, 2023

Your question is missing some important information. Having said that, non-competes are not enforceable in Illinois unless they are reasonable under the circumstances. I do not believe that an Illinois court would find the requirement to disclose a new employer as being unreasonable. I suspect that... Read more »

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1 Answer | Asked in Contracts for Florida on
Q: Hello, I have an approved proposal for a pool company that was signed in 2021.

Construction was set to begin a year or so later. Fast forward to now, construction is on Phase 2 , however, the company reached out and advise that prices has went up since we signed the contract and they now want to add an extra charge of 10k extra to our original price amount. Mind you we have... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 1, 2023

That depends on the terms of your contract, which we cannot review in this online forum. You would need to take the contract to a lawyer to review.

Q: so a land patent protects the property within the land patent if the holder steps foward
James G. Ahlberg
James G. Ahlberg
answered on Feb 1, 2023

I don't mean to sound rude, but you've made a statement rather than asking a question. Do you have a question? You'll want to use somewhat correct terminology. A "land patent" typically refers to the initial grant of a piece of land by the government to an individual or... Read more »

1 Answer | Asked in Contracts and Government Contracts for Missouri on
Q: I am interested in progress on a complaint (case 1:2023cv00036) filed on Jan 10, 2023. how often is the docket updated?

I am a subcontractor to the intervener and understand it is under PO...but would like to track progress. Is there another way to get status?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 1, 2023

You can view the docket through Pacer. You must pay a bit to view documents. Filings should be identified immediately when they are electronically filed.

1 Answer | Asked in Landlord - Tenant, Consumer Law, Contracts and Real Estate Law for California on
Q: Best way to obtain compensation over $50k from corp landlord that filed UD against me, cross complaint or Civil suit

Los Angeles Ca

Jury Trial set in the next 48 hours. Trying to figure out how to obtain compensation for slumlord that is trying to evict me for "non payment" even though they were over paid, and after I contacted the city and county?

Compensation in cross/counter claim... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 31, 2023

To me, I'd hire an attorney, with that much money at stake and super fast, since you are saying trial is in two days???

1 Answer | Asked in Business Law, Construction Law and Contracts for Florida on
Q: Can I add a stipulation to a check that finalizes and terminates a contract?

I want to make sure that I my relationship with a contractor is terminated when they cash my check

Jane Kim
Jane Kim PRO label
answered on Jan 31, 2023

Yes, the Florida statute that governs Full and Final Accord and Satisfaction is Florida Statute 673.3111. You have to tender the check with proper notice for it to be effective. Also, it depends what your contract with the contractor says. You can't just write a check for a dollar and call it... Read more »

1 Answer | Asked in Contracts for Florida on
Q: Is a contract my wife signed legally binding?

In April of 2022 my wife took our dog to a kennel we had been to before. It was apparently under new ownership and they required a release to be signed. My wife did not read the document before signing and our dog was allegedly involved in an altercation with another dog, who was injured and... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 31, 2023

To determine whether a document is a legally binding contract, you must show it to an attorney. This sounds like an indemnification agreement that requires your wife to indemnify (compensate) the kennel if it's sued by the third party. A "release" by your wife would release the... Read more »

2 Answers | Asked in Contracts and Employment Law for California on
Q: Contract states that I have to pay back relocation if I "leave" within 12 months. Does this apply to getting fired?

This is the sentence referring to my relocation fee is this:

"You will receive a $***** relocation bonus. In the event that you leave <Company> within 12 months of your hire date, you will be responsible for reimbursing the company for the entire bonus."

The... Read more »

Neil Pedersen
Neil Pedersen
answered on Jan 30, 2023

Contract interpretation is not as simple as you might think. Attorneys learn from early on that contract interpretation cannot be done in a vacuum. Not only should the entire contract be read and understood - not just a single provision - but the circumstances of the making of the agreement... Read more »

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1 Answer | Asked in Contracts, Insurance Bad Faith and Insurance Defense for Missouri on
Q: i got a certified letter to do a statement under oath from my car being vandalized. the date of loss is incorrect

the letter was from the attorny that is representing my insurance company. it has all the details like policy number ,date of loss which is incorrect. they are a month off

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 30, 2023

What’s your legal question? Letter from whom?

1 Answer | Asked in Contracts for California on
Q: I have an MSA that i need reviewed and amended - can you help? This MSA is to work as a client with another company

We are an IT consulting services company and need to work with other service providers so we can use their resources (people) on our projects to serve our clients

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Jan 30, 2023

Your next steps would be to select two or three of the attorneys listed and request a free initial consultation by video call ... that way, you will have a better idea of your options and development strategies.

1 Answer | Asked in Civil Litigation, Contracts and Elder Law for Florida on
Q: If a sonis trying to take all the money from his mother, who was recently widowed, and the son and her were buying a hom

The house was only titled in his name without authorization. Is there any repercussions that the mother has to get her money back

Charles M.  Baron
Charles M. Baron
answered on Jan 29, 2023

Mother needs to consult a lawyer who handles real estate litigation in her area to see if she has grounds for legal action, such as a lawsuit to quiet title.

1 Answer | Asked in Consumer Law, Contracts and Business Formation for Michigan on
Q: does a foreign llc in michigan with certificate of authority for xyz llc. need dba if using another name

Specifically, MICHIGAN LIMITED LIABILITY COMPANY ACT (EXCERPT)

Act 23 of 1993, requires the following.

Sec. 206. (1) A domestic or foreign limited liability company may transact business under an assumed name or names other than its name as set forth in its articles of organization... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 28, 2023

According to the sections you cited, yes, which is consistent with the statutory scheme.

1 Answer | Asked in Contracts, Business Law and Collections for North Carolina on
Q: I would like to know if a lien enforcement company can come to a personal residence to remove property.

I have a UCC lien and lien enforcement called and threatened to come to my residence. There was a limited personal guarantee that states they would be allowed in terms of a default to review the assets. The company has been making this threat every two months or so but it is now weekly. They left a... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 28, 2023

It's difficult to address this in an online forum. Many facts are missing. It smells like scam to me. "UCC Liens and Enforcement" is supposedly the name of the collector? Have they sent you anything in writing at all? If not, another red flag of scam, including the threatening phone... Read more »

1 Answer | Asked in Contracts for Ohio on
Q: Are both parties required to provide a mailing address to make a contract valid and enforceable?

We are trying to contract with an illustrator. Our CEO is insistent that we require the illustrators physical mailing address for the contract to be valid, the illustrator is only offering us his email at this time.

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 27, 2023

It can be valid without an address. I agree with your CEO though that you should require a physical mailing address in the contract. If the contract is breached and you need to sue then you will need their address to start the lawsuit.

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