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Questions Answered by Bruce Alexander Minnick

1 Answer | Asked in Bankruptcy for Pennsylvania on

Q: I recently went to a lawyer and found out that back in 2011 filed for chapter 7 by a different lawyer.

First attorney was to refund me 5200.00 dollars. Never did. Second attorney can get that for me but I will only get 1000.00 back. He stated I need to pay taxes and excess charges. Is this legal? What should I do?

Bruce Alexander Minnick answered on Jul 19, 2019

This question leaves a lot to the imagination. If your first BR lawyer never gave you $5,200 way back in 2011, why are you just now trying to recover it? Oh..wait; let me guess? So you can pay BR lawyer #2; right?

1 Answer | Asked in Stockbroker Fraud for Texas on

Q: Can i sue a bank or its account holder for me wiring money to them loosing that money and realize it was a fraud?

I have bank account info and they were informed that it was fraud and still refuse to send money back

Bruce Alexander Minnick answered on Jul 19, 2019

Unfortunately, this very common problem is occurring at an ever-increasing rate in Texas--and in all other states. When wire transfer fraud like this happens--unless the bank is able to claw back the money from the fraudster's account-- you are out of luck. The only possibility available to you is... Read more »

1 Answer | Asked in Contracts for North Carolina on

Q: I am being charged an obscene amount for rental property. What can I do?

I’m not behind on payments..but the total amount I’m being charged is astronomical! I’ve also been charged for services that I did not opt for.

Bruce Alexander Minnick answered on Jul 19, 2019

Unfortunately, unless you are renting on a month-to-month basis, there is nothing you can do that will not cause more pain. You may be able to get the landlord to stop charging for unwanted services; unless you agreed to do so when you signed the lease.

2 Answers | Asked in Landlord - Tenant for Virginia on

Q: Okay long story short. I signed a year lease last year in August. My one year lease is up August 17th my wife and I got

A house on base which is 15 miles away. I gave a proper 32 day notice stating we was gonna fulfill our lease but not resign. Apparently they said they needed a 60 day notice. Not sure what I can do so I’m not charged the month to month rate fee in September. On base housing takes away my Basic... Read more »

Bruce Alexander Minnick answered on Jul 19, 2019

Unless you sign a new lease, the landlord can probably charge you up to 60 days rent (two months), which is the normal penalty for not telling them you were not going to stay another year.

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1 Answer | Asked in Real Estate Law, Banking and Business Law for Indiana on

Q: Offer on home in Indiana. The seller won't sell unless the buyer of my home has a local mortgage lender. Is it legal?

I already have a signed contract from a buyer to purchase my home in Michigan. I can understand them requiring the purchaser of their home to have a local lender or whatever they want because it is their home. It doesn't seem to me like they have the right to infringe on my home sale.

Bruce Alexander Minnick answered on Jul 18, 2019

This question does not make sense.

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on

Q: Promisorry note does not explicitly stipulate interest. Could I still be required to pay interest?

During an owner financed real estate transaction, I signed a deed of trust, a promisorry note, and a HUD-1 settlement statement.

The note states the "principle", $200,000, will be repaid over 120 months via monthly payments of $1,800. This results in a flat 8% interest rate if I paid for... Read more »

Bruce Alexander Minnick answered on Jul 18, 2019

The terms on the note will prevail over the other documents. In this case to remain current under the note all you need to do is pay the $1,600 monthly payment for 120 months.

1 Answer | Asked in Real Estate Law and Contracts for North Carolina on

Q: Could a typographical error in a promisorry note cause me to lose the house I purchased?

During an owner financed real estate transaction, I signed a promisorry note. In a section titled PAYMENT it states I will pay the note back before 1/01/2029 via monthly installments, however under another section, BORROWERS FAILURE TO REPAY, it states "If I do not repay the loan amount in full... Read more »

Bruce Alexander Minnick answered on Jul 18, 2019

Since today is July 19, 2019, the answer is obviously no. If you were in default you would certainly know it by now.

1 Answer | Asked in Contracts for Georgia on

Q: My mother in law is 74 years old and hired a man to build a fence here in thomaston Georgia. He took $500 from her cash

He never returned to do the job. Isn't that a felony offense for defrauding the elderly?

Bruce Alexander Minnick answered on Jul 18, 2019

Report this to the local police.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Medical Malpractice for California on

Q: I believe I was scammed for medical services. Do I have any recourse or is this just a lesson learned?

I just returned to the US from teaching abroad so I don’t have health insurance. It’s not open enrollment period. I got a job upon return but my benefits don’t start until after 90 day probation period. I needed to see a doctor prior to then. Made an appt at a women’s health clinic. Shortly... Read more »

Bruce Alexander Minnick answered on Jul 18, 2019

Go get your $300 back.

1 Answer | Asked in Landlord - Tenant for Florida on

Q: I am the landlord renting a house. Recently the house was damaged when a piece of exterior trim was ripped off.

The tenant informed me of the damage and says he's not sure how it happened. We both suspect the damage was caused by the lawn mowing company the tenant hired, but there was no witness to what happened. The tenant contends this is my responsibility to pay for repairs on the basis that my wife told... Read more »

Bruce Alexander Minnick answered on Jul 18, 2019

Your tenant is right: Damage to the OUTSIDE of the house cannot possibly be "damage outside normal wear and tear" to the leased space inside the house. If you have fire insurance on the rental house it should be covered; if you do not carry fire insurance you should get some.

1 Answer | Asked in Landlord - Tenant for Florida on

Q: Scheduled to move in 8/1 Rental comp 2 options a)keys 9am-2pm b)pay $10 for lockbox and code in email after 9am Legal?

Is this normal? Why should I have to pay for a lockbox when one is probably already on the house? This was not stated in the lease or when I signed the lease 2 weeks ago. I just received an email with this information today.

Bruce Alexander Minnick answered on Jul 18, 2019

Pay the $10 and go get some dinner.

1 Answer | Asked in Landlord - Tenant for Florida on

Q: Can my landlord force me to temporarily move for repairs without compensation?

Landlord is telling my family to make arrangements to leave for 4-5 days while they make repairs. Alternatively, I can remain without AC in the middle of July in Florida. As well, I will not have hot water for the duration of the repairs.

Bruce Alexander Minnick answered on Jul 18, 2019

Unless you lease does not allow your landlord to make repairs (very doubtful) you have two options: Stay while the repairs are being made or go find a cheap motel to stay in.

1 Answer | Asked in Landlord - Tenant for Florida on

Q: Hi can move out with out my roommate that is starting drama?

Hi I am living in a apartment 2 room 2 bath and have a roommate who is starting drama and I want to leave before it get worse and I am going to put notice in with the landlord about me living can I live with out them knowing? If not how can I approach them and without getting sued after I get out?

Bruce Alexander Minnick answered on Jul 18, 2019

If you signed a written lease you are responsible for all the rent--regardless of how much your roommate agreed to pay you. If your roommate also signed the lease then they are also responsible for all the rent. Wordk out a deal with the landlord to let you go.

1 Answer | Asked in Civil Litigation, Collections, Securities Law and White Collar Crime for Florida on

Q: I own a small marketing business and I have a former client who won't pay his invoices.

I discontinued work with this particular client because I discovered he was committing what I was quiet certain was investor fraud and did not want this to affect my or my companies reputation. I later discovered that he left the state of Connecticut because he had been summoned and fined for the... Read more »

Bruce Alexander Minnick answered on Jul 18, 2019

Unless you sue the deadbeat client and receive a Judgment, collecting all the money they owe you is nearly impossible--especially without competent counsel to help you. Look for a good lawyer using the Find a Lawyer tab at the top of every page.

1 Answer | Asked in Family Law for Florida on

Q: Do I must send the original summons and dissolution of marriage paperwork given to me by the court or a copy?

Im sending the documents to the sherriff office in Puerto Rico. I need to know if copies are acceptable or must I send the papers with the court original stamp.

Bruce Alexander Minnick answered on Jul 18, 2019

Keep the COPIES for YOUR files and send the originals to the sheriff.

1 Answer | Asked in Contracts on

Q: I wanna use Nemo for a clothing line that I'm planning to launch. Will that be possible?

Bruce Alexander Minnick answered on Jul 18, 2019

Lawyers are very intelligent and highly trained professionals--but we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe and unable to opine on your current dilemma. Why not begin by asking Nemo?

1 Answer | Asked in Civil Litigation and Contracts for Alabama on

Q: Does the state of Alabama allow for the exclusion or limitation of incidental or consequential damages ?

I ask as this pertains to a "lifetime warranty" on a brand of paint that has malfunctioned less that 3 years after application. Can I hold the paint manufacturer responsible for labor costs, etc ? Not just the replacement of paint ? Thank You.

Bruce Alexander Minnick answered on Jul 18, 2019

No--not unless the written warranty expressly says you can. Why?

Because the paint manufacturer cannot possible be responsible--or able--to refund untold amounts of money spent for labor to thousands of unhappy paint customer like you.

You might want to call the painter(s) and...
Read more »

1 Answer | Asked in Contracts, Estate Planning, Civil Litigation and Legal Malpractice for South Carolina on

Q: Can your lawyer ask you to sign blank hearing papers without a court date filled set?

My attorney had me in emotional distress at our probate mediation, while he had me mentally under pressure after telling me that we were signing PR over to the plaintiff or its 5 to 10 years in prison he asked me to sign a paper stating my presence at mediation. It took me a minute but I was trying... Read more »

Bruce Alexander Minnick answered on Jul 17, 2019

I am sure most if not all experienced lawyers who read all the horrible facts you alleged and your extremely unusual question will have the same immediate response as I did: This is impossible.

On the other hand, if everything you say is 100% true your best option is to report your lawyer...
Read more »

1 Answer | Asked in Family Law, Immigration Law, Civil Rights and International Law for Florida on

Q: changing second name in birth certificate

To whom it may concern,

I'd want to clear up a couple of questions, connected with a birth certificate topic.

We need to change a second name for an eight-year old child. A child has a double citizenship, from US and from Russian Federation (a birth certificate recieved in Miami,... Read more »

Bruce Alexander Minnick answered on Jul 17, 2019

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