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Questions Answered by Jeffrey Michael Haber

2 Answers | Asked in Civil Litigation for Puerto Rico on

Q: I live in New York but want to sue a contractor in Puerto Rico - where do I file?

Jeffrey Michael Haber answered on Jan 10, 2017

The venue rules in New York permit a person to file a complaint in the county in which s/he resides. Keep in mind, however, the law of Puerto Rico will probably apply. Note: if there is an agreement that contains a choice of law and a venue clause, then the contract would most likely govern... Read more »

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1 Answer | Asked in Estate Planning, Civil Litigation and Securities Law for New Jersey on

Q: If I deposit cash into my child's UTMA account after she turns 21, is that deposit considered my daughter's UTMA Funds?

or since she is already older than 21, the deposits can be considered my money? I never closed my daughter's UTMA account when she was 21. She is now 24 and I realized that I deposited substantial money into her UTMA account after she was 21 that I considered to me mine and not hers. Can I now... Read more »

Jeffrey Michael Haber answered on Jan 7, 2017

As a general rule, once money is deposited into an UTMA account, it is irrevocable. In other words, the money cannot be returned to the person who deposited the money. This is so even when the child reaches the age of majority. You should discuss your situation with your bank and your daughter.... Read more »

1 Answer | Asked in Civil Litigation and Consumer Law on

Q: Hi if DHL courier lost my travel documents and am unable to travel anymore what grounds can I approach them on

Jeffrey Michael Haber answered on Jan 6, 2017

You should check your receipt or other documentation. Typically, carriers limit their liability for loss of property. Also, you may have agreed to arbitrate your claims. Other than the cost of replacing the lost papers, it does not appear that you sustained any damages (such as identity theft).... Read more »

1 Answer | Asked in Contracts, Civil Litigation, Collections and Legal Malpractice for Washington on

Q: Have make payment on the 1st . It falls on the weekend they're closed next Day now want to charge me interest ,legal?

They called me before the due date saying pay today , becuase were closed on the weekend and also that Monday . So if you pay Tuesday you will be charged interest . I'm essentially being forced to pay interest . Is this legal ? I feel I was entrapped into making the interest payment . They are... Read more »

Jeffrey Michael Haber answered on Jan 6, 2017

As a general matter, due dates that fall on a weekend or holiday get pushed to the next business day. However, there is not enough information to know whether this applies to your situation. Your summary does not explain the context in which the money is owed, and whether there is an agreement... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Legal Malpractice for Virginia on

Q: CAN LAWYER BE HELD ACCOUNTABLE

Had lawyer give me a contract for services flat fee 8,500.00. Then a couple of days later after I paid the flat fee says she has a revised contract with hourly fee and and will be cheaper I said ok if it saves me sure. However after everything was over she billed me additional 3000.00 I feel like... Read more »

Jeffrey Michael Haber answered on Jan 6, 2017

It depends on whether you and your attorney discussed the modified fee arrangement, and you authorized the modification, before the modification was made. Your summary suggests that you discussed and approved the modification. If so, there is probably not much you can do. Also, are there any... Read more »

1 Answer | Asked in Civil Litigation for Louisiana on

Q: hi, there was a suit filed against me and an affidavit of personal service on 2/04/16. i never received the service and

a default judgment was rendered and now a petetion for wage garnishment. i contacted the sheriffs office and the officer couldnt remember actually serving me so the supervisor reissued on 1/03/2017. Is this grounds to vacate judgement due to improper service

Jeffrey Michael Haber answered on Jan 6, 2017

If you can prove that you were not served, then you have a basis to vacate the judgment (and stop the wage garnishment). The re-issuance on 1/3/17 does not necessarily mean that service was made in 2016. Proof of service at the time of filing the complaint should control. Since there is a petition... Read more »

1 Answer | Asked in Securities Law for Illinois on

Q: What is a securities class action? How would I find others to file together with me?

Jeffrey Michael Haber answered on Jan 4, 2017

A securities fraud class action is a lawsuit filed by one or more investors who bought or sold a company’s securities within a specific period of time (known as a “class period”) and suffered economic injury as a result of violations of the securities laws. In cases involving misleading... Read more »

1 Answer | Asked in Securities Law for Illinois on

Q: How can I prove my broker failed to diversify my portfolio and how terrible an error would it have to be for me to win a

lawsuit over it?

Jeffrey Michael Haber answered on Jan 3, 2017

What you describe is also known as over-concentration. Over-concentration violates the suitability rules that financial professionals are required to follow. Over-concentration is one of the riskiest, and most speculative, investment strategies because the portfolio is not diversified and subject... Read more »

2 Answers | Asked in Civil Litigation, Family Law, Real Estate Law and Landlord - Tenant for California on

Q: a friend/homeless person wants to use my address to receive mail. What are my liabilities?

I own and live at this residence, and do not want a roommate.

Jeffrey Michael Haber answered on Jan 6, 2017

As my colleague notes, you may be exposing yourself to fraud. Also, if your friend causes any injury or damage on your property, you may be the responsible person. There are insurance issues too (if you have homeowners insurance).

The foregoing is not legal advice nor is it in any manner...
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3 Answers | Asked in Business Law and Consumer Law for New York on

Q: Can a suit be brought against a corporation such as Deister?

Jeffrey Michael Haber answered on Jan 3, 2017

Yes. You can sue anyone or any business so long as the claim is meritorious -- that is, as long as it is brought in good faith and has a factual and legal basis.

The foregoing is not legal advice nor is it in any manner whatsoever meant to create or impute an attorney/client relationship.

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2 Answers | Asked in Business Formation, Business Law and Securities Law for Tennessee on

Q: Where can I find case law regarding the role of the Board of Directors under the Sarbanes Oxley Act?

In particular, director liability, liability of the boards, and violations of compliance. I am writing a research paper for Business Law.

Jeffrey Michael Haber answered on Jan 4, 2017

I agree with my colleague. In addition, you can try CaseText (also a free service). There are a lot of scholarly articles that discuss the various provisions of Sarbanes-Oxley to which you are concerned. Many can be found through a google search. Good luck.

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2 Answers | Asked in Securities Law for Illinois on

Q: I do not agree with some of the fees my broker has charged me. Do I have to pay them?

Jeffrey Michael Haber answered on Jan 4, 2017

The short answer: Maybe.

Fees are often set forth in writing. For instance, there are fees related to your account, such as account opening, closing, transfer, and maintenance fees. These fees are often set forth in account documents. In addition, there are the fees and expenses associated...
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3 Answers | Asked in Business Law for New York on

Q: I formed a 50-50 business partnership LLC with a friend.

He has taken another job and now is saying he doesn't want a buy out, but wants to dissolve the LLC and have me start a new company - can he do that?

Jeffrey Michael Haber answered on Jan 3, 2017

The short answer is yes. But, as my colleague notes, you will need a court order to dissolve the LLC if it is done involuntarily.

If you decide to voluntarily dissolve the LLC, starting a new LLC can be accomplished fairly easily. In order to voluntarily dissolve your LLC voluntarily, you...
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