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...View More
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... View More
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....View More
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)....View More
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... View More
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...View More
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... View More
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...View More
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
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...View More
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...View More
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...View More
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...View More
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.
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...View More
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