Kevin Webb's answer So, if you're in the middle of foreclosure proceedings, you definitely want to speak to an attorney. You normally wouldn't sue if you're already being sued. Instead, you would counterclaim. You'll want an attorney to guide you through this process.
Kevin Webb's answer You need to speak to an attorney quickly. Disposing of assets after someone has passed is a routine process, which requires the intervention of the courts sometimes. If you have taken the liberty of selling something that is not yours, you may have bigger issues to worry about as well.
Kevin Webb's answer It may be that you are in a property that is uninhabitable. It may be that your lease requires the landlord to maintain the property. You need to speak to an attorney concerning the specific facts in your case.
Here's the deal. You either will appear in front of the judge as a deadbeat who has failed to pay--no matter the excuse--or you can appear in front of the judge as an unjustly wronged tenant, who has spent months paying for substandard conditions.
There is no exemption from paying rent, or permission to withhold rent, because of a bad premises. However, uninhabitable circumstances, depending upon facts, may help you...
Kevin Webb's answer Missouri law provides, in the Merchandising Practices Act, that if someone suffers damage because of deception, that person is entitled to relief. Now, just because the law says you're entitled to it, doesn't mean you get it. That's where a smart attorney comes in. Now, what you're describing may best be settled in small claims. If that is the case, you may want to do a lot of research, or you may want to talk to an attorney happy to give free and detailed advice.
Kevin Webb's answer You need to speak to an attorney quickly. They can best determine to what relief you may be entitled under the law. You may ask your attorney about Missouri's Lemon Law, Merchandising Practices Act, and other opportunities for relief available to you. But there's no easy yes-or-no answer to your question, because success is dependent upon the strength of your attorney.
Kevin Webb's answer There are a lot of questions that need to be asked before your question can be answered. Basic ones are, what duties does the seller have according to the contract? What duties does the buyer have according to the contract? Is there more than one contract governing?
Additionally, the phrasing of the relevant clauses in the paperwork can have an impact, since it is important that liquidated damages reference the fact that damages are difficult to ascertain. Getting a qualified...
Kevin Webb's answer Each case is its own case. Each case requires going through the same steps over and over again. The fact that you are asking this question suggests that you might not want to sign the form this time.
I doubt that the court will rely on a waiver in a different case for this case. That seems to me like asking the court to find you guilty of one case because you pled guilty to another case.
Kevin Webb's answer It can be frustrating, but it is a common frustration that one can be innocent, yet still must spend money on an attorney to prove that innocence. Fortunately, you are not wrongly accused of a criminal accusation; I know that doesn't make this any less painful, but it is also a clear example of people in similar situations. They must also pay for an attorney when they did nothing wrong.
Now, you have presented a compelling story. But if you want to present it to the judge without the...
Kevin Webb's answer While this is a good question, it's important to follow up with an attorney in person. That attorney can discuss with you the importance of negligence, and your likelihood to prevail in a suit.
One thing that is considered when your case is evaluated is the possibility that you might also be at fault. You may feel insulted at the suggestion that you had anything to do with this injury, and that may be an appropriate response. But, when you are discussing this with your attorney,...
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