I was summoned to court as a witness the app that they provide to me was glitchy and unable to function properly also the helpline that was provided on the summits went to call center they were also unable to answer any of my questions and could not help me with the app what are my options if they... Read more »
At the contempt hearing you testify about your problems with the ap. You will need to be able to persuade the judge that you did everything you could to obey the subpoena.
This is a civil action for supposed monies owed, since 2012. I do need to respond. I've lived in Florida for going on 3 years.
Yes, the Pennsylvania court may very well have jurisdiction, assuming you were properly served with process under Pennsylvania law. Ask your question in Justia > Ask a Lawyer > Pennsylvania, specifying what you mean by "sent by mail". Many jurisdictions have provisions for service... Read more »
I sold my property to a corporation. Everything cleared and closed through title. Now HOA is sending me an Agreement to Mediate, stating that the HOA does not allow the property owner to be a corporation. Shouldn't this have been caught by the title company, and never gotten to closing? What... Read more »
Typically, HOA receives a copy of the sale and purchase contract prior to closing in order to respond with a letter confirming if there are any outstanding dues do and if there are any special assessments, etc. and to do a credit check on the new owners. Therefore, the HOA must have been on notice.
HOA rules attach legal fees. Unless that lawyer feels bad for you, you'll be expected to pay the past due amount plus legal fees. Sorry.
Extensive damage occurred in my house after work was done by a company. The damage was undetected for almost four years due to its location. Once found, expensive repairs were required. Three outside specialists confirmed the cause of damage was the poor workmanship. The company refuses to pay any... Read more »
You ask a very good question and one that I have been asked many times. An arbitration provision is valid even if the contract involved fraud. In other words, simply because fraud was involved in the transaction, that does not void the manner in which you have agreed to resolve the dispute. This is... Read more »
I'm currently waiting for video footage from gas station across the street with a camera pointing directly at the only entrance/exit of my complex as well as video footage from the clubhouse via property manager that must be passed to get to my unit. Also, I plan to voluntarily ask the court... Read more »
Yes, that is certainly possible based on what is essentially alibi evidence. Get in contact with an attorney to represent you on the VOP and discuss this with them.
I had an issue with a torque converter and was told by 2 different mechanics that I might as well get a whole rebuilt transmission. In a matter of 2 weeks, I had to take my car to the mechanics 4 times. First to replace my bad transmission with a rebuilt one, then to service it, the to replace it... Read more »
You need to find a couple of experienced mechanics to give you expert opinions as to there has been any foul play. Let them put their opinions in writing. After that, you can bring it to a commercial litigation attorney for a consultation as to whether it pays to sue them.
Association:
And not by court action except as provided by Florida law for judicial review or arbitration proceedings.
Any court having appropriate jurisdiction may either judgment upon the award rendered by the arbitrator(s). Filing a judicial action to enable a recording of the... Read more »
You are correct that it's an arbitration clause, requiring legal disputes to be resolved in an arbitration proceeding rather than a court. Certain businesses like such clauses in their contracts in order to have disputes resolved in a less costly fashion and to prevent claims from being... Read more »
And not by court action except as provided by Florida law for judicial review or arbitration proceedings.
Any court having appropriate jurisdiction may either judgment upon the award rendered by the arbitrator(s). Filing a judicial action to enable a recording of the notice of pending... Read more »
If you don't understand the arbitration verbiage in the contract, have an attorney explain it to you. It basically means that, if there is a dispute over the contract, you will have to arbitrate the dispute instead of filing a lawsuit. See:
https://en.wikipedia.org/wiki/Arbitration
I was in a relationship and during the course of the relationship, I took out a car loan and bought a car. I have been making monthly payments on the car and I paid the initial processing fees. My ex boyfriend's name is on the title for the car and he used to receive upkeep for the car... Read more »
You are both owners of the vehicle as you are both on the title. If you are the only one who signed the promissory note to purchase/pay for the vehicle, then you are the only person legally responsible for the vehicle. He is correct in that he does have an ownership interest in the vehicle. If... Read more »
I left the house to her and car. 401k was built up while I was paying the mortgage.
She didn't list it on the divorce agree
You need to look carefully at your marital settlement agreement. If you knew about the 401k when you got divorced then you had an obligation to bring it up. On the other hand, if she hid it from you then you might have a case for fraud. Finally, seven years later is a long time and may be held... Read more »
The closing was on a property unrelated to this case. We are a couple not married owning a house together and I hired a lawyer for a demand letter and mediation since I want to sell and the other party wants an uneven split of proceeds. However this lawyer did a closing for the other party years... Read more »
I believe the lawyer can represent you if the lawyer gets the informed consent of both parties to the mediation.
My dad has 2 daughters from ex and 2 daughters from 1st marriage to my mom. Mom passed away 10yrs ago and he hasn’t remarried. He had a brain aneurysm and is on a wheelchair and can’t speak. He only says my name, aha & no. His other 2 daughters took him out of the nursing home we had him... Read more »
Isn't it obvious? You write that "he doesn’t have an appointed guardian. " So file an application to be appointed guardian.
I booked and paid for a hotel and the reservation was guaranteed and confirmed. When I got to the hotel, hotel was not operational for about a year. No substitute was offered
I haven't consulted hotels.com's terms and conditions on their website, however, a contract cannot exclude gross negligence (which is the case most likely) or fraud (which would have required them to have actually known the hotel was not operating) without a knowing waiver.
I have... Read more »
I live in an apartment complex in Clearwater Florida, the management company just had my A/C unit replaced. However the contractors who did the work did a lot of damage to my personal property however, and since no one was home to supervise them and the management company did not have anyone... Read more »
A Florida attorney could advise best, but your post remains open for three weeks. Based on your description, this looks like a difficult and messy situation. If you are able to find resolution through insurance, that might be your most economical route. Even if you retained an attorney to pursue... Read more »
Now I have to stay longer than expected. If we made an agreement on payments to pay him back, could he have me arrested of I fail to make payments on time?
Sounds very problematic and you need to either give the money back or get him his trailer immediately...depending on the value of the trailer you could be charged with either a felony or misdemeanor (probably a felony).
We recently formed a small 7 household HOA in order to be able to insure our commons pool/clubhouse jointly owned after the developer left our compound. Our HOA Board has declared the pool to be PUBLIC with draconian State Regulations attached. The Board is refusing to admit they might be wrong... Read more »
No, the pool for common use and the residential lot, unless it is owned by someone other than the HOA is now common area.
We rent a condominium in Aventura, FL. Recently we had an electrical inspection, where the result was the condo being condemned. The owner wants to sell instead of repair the problems. Is there anything we can do?
Unless you have a written lease that says otherwise, you are not obligated to pay any more rent because you will be required to move. If you do have a written lease you can be sure the landlord will not renew it because he cannot do that if the condo is condemned. Finally, suing is possible, but... Read more »
This was an car accident that took place in Florida. Together with my claims adjuster I agreed to pursue arbitration for reimbursement of deductible and out-of-pocket costs. Apart from supplying my insurance company with an account of the incident, some photographs I had taken and a diagram... Read more »
A Florida attorney could answer best, but your post remains open for three weeks. It's possible the arbitrator asked one or both sides for additional information. It's possible an award hasn't been rendered. Things could take longer than usual because of COVID-19 (courts are only... Read more »
I signed an Employment at-will contract, which was created under our American jurisdiction, but I had to sing it in an another country. The question is related with the uncertain problems that I could have in the future. There is contractual term which indicates that in the case of any dispute or... Read more »
If and when the contract is ever raised in litigation (or arbitration), be sure to make your attorney aware of it. I don't know what the contract says, but "employment at will" is the law just about everywhere in the U.S. anyway.
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