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Questions Answered by Linda Liang

1 Answer | Asked in Immigration Law for Florida on

Q: Need attorney!!! This is the final situation.

Affirmative Asylum pending since 2015. I-140 approved based on EB3 green . Needs to go consular processing at 3rd country US embassy. I need an attorney who has experience for this case. National Visa center is waiting to give them a US embassy with proof of letter. Letter should says that we do... Read more »

Linda Liang answered on Sep 13, 2019

You can give us a call at 9548925517 to discuss more.

2 Answers | Asked in Contracts for Florida on

Q: We have a signed contract for replacement of windows in our home. At the removal of the old windows, a small amount of

wood rot was found and fixed by the window contractor. They are now billing us for what we consider an excessive amount for this repair and we have asked for a breakdown of # of hours and labor rate to justify their amount. They have refused--saying they do not have to provide that. Are we... Read more »

Linda Liang answered on Sep 11, 2019

Yes, you are legally entitled to this information if the term of repair is outside the scope of service stipulated in the contract.

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2 Answers | Asked in Contracts for Florida on

Q: I had to turn-away moving company due to last minute price increase. What options do I have for recouping any deposit?

They arrived 1-day before selling my old home. The crew said it was listed as direct move and wanted 4K upfront for storage before they would start work. I had never indicated a direct move as the new home closing was not scheduled until the week of the move. I just had a general time frame of... Read more »

Linda Liang answered on Sep 6, 2019

You didn't mention any fact about paying deposit. Did you pay? If you did, you may ask them back arguing unjust enrichment. Did you sign any agreement? It's easier to argue if you have recorded the deal.

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3 Answers | Asked in Bankruptcy, Business Law and Collections for Florida on

Q: Do I need to file an exemption for wage garnishment if the wrong SS# was used in the original judgment?

A judgment was filed against me in 2014. I was unemployed and could not pay the credit card. I am now living only on Social Security. The original card owner was my husband but I used the card. The court documents show his social security number as mine. When I tried to call the collection agency... Read more »

Linda Liang answered on Sep 6, 2019

Whoever made the mistake should correct it. I don't think you should pay to get it corrected.

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3 Answers | Asked in Contracts and Real Estate Law for Florida on

Q: My husband & his aunt were deeded a house in MD upon his mother's death over a year and half ago.

Deeded "right of survivorship". Instead of selling the home, the aunt moved in agreeing to pay my husband his share of value. A contract was signed June 2019 and it even went to the Title Co for closing last month. She thought she could take money out of the estate (she's executor) to pay my... Read more »

Linda Liang answered on Sep 4, 2019

You said they went for closing but transfer of money was not made. Does that mean the closing didn't occur? I.e, the deed was not delivered? The bottomline is that if the ownership did not shift before your husband passed away, the court might hold that his share passes to your aunt.

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1 Answer | Asked in Copyright and Intellectual Property for Florida on

Q: If I push the boundaries of branding infringement can criminal charges be pursued or just civil damages?

My daughter's original intellectual property (a drawing) was incorporated with the brand of a large organization and applied to a Christmas ornament that can be purchased with $25 'donation' in 2009.

The drawing was presented in partnership with organization, their capitol gain was not the... Read more »

Linda Liang answered on Sep 4, 2019

Copyright infringement cases are generally civil.

2 Answers | Asked in Criminal Law for Florida on

Q: Our business got raided with search and seizure warrant for alleged illegal gambling. No detailed inventory list left.

Beside computers they also took 50 chairs and approximitely 20 fine art pictures that were hanging as decoration from the walls. No inventory list was left. ATM was with excessive force cut open.

Now 4 month are gone by and no response to our lawyers request to return the seized items or... Read more »

Linda Liang answered on Sep 2, 2019

You should work with your attorney to resolve this.

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3 Answers | Asked in Contracts for Florida on

Q: HI, I live in Miami Florida. I am renting an apartment and about to leave the apartment because my lease is finishing.

HI, I live in Miami Florida. I am renting an apartment and about to leave the apartment because my lease is finishing.

My landlord took the oven to be fixed 11 months ago and never fixed it. i paid rent monthly on time. now the landlord wants to take some of my deposit for painting.... Read more »

Linda Liang answered on Aug 29, 2019

I don't think it is your responsibility to paint the house. You should talk to the landlord and ask why he wants to do so. If he can't give you a reasonable answer from your lease, you should request the full deposit back.

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6 Answers | Asked in Immigration Law for Florida on

Q: Can I reapply for adjustment of status with my husband?

My husband and I were scheduled for our interview for change of status (I-130). We were having marital trouble and did not attend the interview. We have been to counseling and have decided to continue with the marriage but we already recieved the letter that the case was denied and I reinstated my... Read more »

Linda Liang answered on Aug 27, 2019

I-130 is not adjustment of status. I-485 is. So your husband has to refile I-130.

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1 Answer | Asked in Consumer Law and Contracts for Florida on

Q: If I agree to purchase services but change my mind before I receive them, am I allowed to get a refund?

The receipt does state "Final Sale" in small letters at the bottom. This was for cosmetic procedures in a medical office. I thought Florida Statutes provided some protection.

Linda Liang answered on Aug 26, 2019

The receipt could be boilerplate and thus not part of your agreement. The bottom line is that if you haven't received the service, you should not pay for it. You should look for "cancellation" provision in the agreement.

2 Answers | Asked in Contracts for Florida on

Q: What can I do to get out of a contract with a solar company

Linda Liang answered on Aug 26, 2019

We need more information to assess your options, such as non-performing of the other party.

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1 Answer | Asked in Immigration Law for Florida on

Q: I am asylum pending now. I got approval for perm and I-140 based on EB3 . Time to apply Visa through consular processing

My question is if I got denied from 3rd country embassy how can I go back US. What is the best way to protect me and my family. I have no serious reason to apply advance parole. Do USCIS approve advance parole to get interview outside the country? If I can't re enter US, what will happen to my... Read more »

Linda Liang answered on Aug 23, 2019

Advance Parole is granted based on good-faith. Going to third country for interview is good faith answer as to why you need advance parole. You may be granted. In the meantime, when your visa is current, you may apply for adjustment status in US.

2 Answers | Asked in Contracts and Criminal Law for Florida on

Q: Can you sue contractor based on a verbal only agreement. charged by hour not by job

Contractor would never produced an estimate for remodeling project. Verbal agreement on cost per job. In the end charged by the hour.

Linda Liang answered on Aug 16, 2019

Agreement doesn't necessarily have to be in writing to be enforceable. If you have proof that you entered into a verbal agreement at the price per project, you can sue.

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2 Answers | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Insurance Defense for Florida on

Q: Is there a way that I can sue my step mother for withholding my deceased fathers insurance. If I have proof he had

Is there a way that I can sue my step mother for withholding my deceased fathers insurance. If I have proof he had Insurance and told his mother, sisters, brother and kids what he had? Is there any way possible to sue her in any way?

Linda Liang answered on Aug 16, 2019

If you have reasons to believe that your step mother is not beneficiary of the insurance and she claimed the insurance proceeds, yes, you can.

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3 Answers | Asked in Consumer Law and Contracts for Florida on

Q: Can a moving company ask for more money, five months after they have already been paid?

I hired a moving company solely to pack and move my belongings into a truck. When the work was completed, the company’s rep agreed to not charge for packing materials and issued an invoice accordingly, which was promptly paid. Five months later, the company’s owner is demanding that I pay for... Read more »

Linda Liang answered on Aug 15, 2019

If there is a writing agreement, your concern is reasonable. Invoice is not proof of moderation, unfortunately. I would suggest you to pay for the material and be done with it.

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2 Answers | Asked in Business Law for Florida on

Q: sold small biz last month. if cust are calling me to come back do I have to buy back accts from new owner if hes fired

I sold small lawn business last month. Customers are calling me and complaining about how unhappy they are with the new owner. I want to stay within the law - do I have to buy back the accounts I sold if customers fire new owner? Customers have tried reaching out to new owner and he does not... Read more »

Linda Liang answered on Aug 15, 2019

if you are thinking of void the agreement and you have received payment, the oral agreement could be enforced, Unfortunately legally, the situation is out of your hand right now. All you can do is to pursuade another company to receive them.

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3 Answers | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Insurance Defense for Florida on

Q: insurance company voided my policy for misrepresentation on application. should i cash refund check, is that admission

is that admission of guilt, they stated that when i filed out my application online (which i actually did over the phone with an agent, i answered the question falsely, but agent did ask me for much information. i am being sued due to accident my son had and i received refund. should i cash or... Read more »

Linda Liang answered on Aug 15, 2019

The victim is suing you or the insurance company? If it is the Victim who is suing, you need to know you have no coverage at least at this moment. As far as whether cashing the check means admission, it is arguable because they reject your application for the reasons they believe it is true. You... Read more »

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2 Answers | Asked in Civil Litigation, Collections and Contracts for Florida on

Q: I have a roommate who has not paid rent since past at least 2 months. How can I evict her & collect back rent?

She was given an agreement next day to sign that gave all the details about rent amount, when, where and how to pay, etc. She never signed the agreement. I asked her to provide police report, she has not produced yet. I made search on internet to find that she has a criminal record of illegal... Read more »

Linda Liang answered on Aug 13, 2019

For your safety, I would talk to the landlord and terminate the lease. The landlord can evict him with the assistance of the sheriff's office. You should find another place.

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1 Answer | Asked in Copyright and Traffic Tickets for Florida on

Q: If you get pulled over for driving a vehicle with improper tag and it's not your vehicle, what to expect in court

I borrowed a friend vehicle to go to the laundry mat, I got pulled over and ticketed for the tag on it not belonging to the vehicle, now I have court over ticket. It had a tag on the vehicle but it didn't belong on that vehicle

Linda Liang answered on Aug 7, 2019

You are still going to be charged with driving a vehicle without a tag. You can explain that in court and the owner could be cited for that for lending the car to you.

3 Answers | Asked in Immigration Law for Florida on

Q: If I have an approved I 130, can I apply for an I 485 if I’m in the US but my I 94 is expired?

My I 130 was approved and I have just received a notification from the NVC regarding my visa. I’m currently in the US but my I 94 expired and I would like to change my status to not have to go through the consular process and proceed with an adjusted status instead. Is that possible?

Linda Liang answered on Aug 7, 2019

It depends on whether your Visa is current. You can find out whether it is on monthly Visa Bulletin

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