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Questions Answered by Ana Maria Del Valle-Aguilera
1 Answer | Asked in Consumer Law and Small Claims for Arizona on
Q: my mechanic said that the new engine was stolen by a guy at the dealer he ordered from. What can I do about this.

My gasket blew and I took it to my mechanic. I decided to buy a new engine and payed my mechanic up front for parts. After weeks he said that a guy from dealer stole it and engine was not delivered. He said when I asked that their was nothing legal he could think of to do about the dealer he... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Aug 3, 2020

If your mechanic ordered the engine from a dealership and it is stolen at the dealership while in their custody, the loss is taken by the dealership and they would need to order a new engine. The allegations by your mechanic just don't sound right. If he purchased an engine, he must have a... Read more »

1 Answer | Asked in Contracts, Estate Planning and Probate for Nevada on
Q: My wife's uncle is embezzling funds from a trust. He wants to have her sign a new trust.

My wife's uncle is embezzling funds from a trust. He wants to have her sign a new trust. In the original trust, A, he has full discretion over funds. In trust fund B, he does not. He wants to merge trust fund B into trust fund A, so he can steal it.

What I'm curious about is... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 31, 2020

You should contact an attorney familiar with trusts and estates that can review the two trusts you make reference to and provide legal guidance. You don't mention the type of trust (revocable, irrevocable, etc.), and you mentioned the merging of the trusts and dissolution (of I guess trust B).... Read more »

1 Answer | Asked in Consumer Law for Texas on
Q: Do i actually have a case? or am i just out of luck? Could the company be found liable?

i bought a vehicle from a lot, it had 6 month warranty i pay 267 every 2 weeks. The salesman wouldnt let me choose any other car on the lot cause he didnt truth them. As soon as i got it, it started to have issues. I told them the issues and they never got it fixed. Then my sales person was fired a... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 29, 2020

You need a lawyer immediately. The dealer cannot take your son's social security card nor hold it hostage. Also, they do not need your W-2 forms. You don't specify if the vehicle was financed through a financial institution or if the dealer financed the purchase. It is also unclear if the... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Divorce and Collections for Arkansas on
Q: Can a vehicle loan company sue me?

A vehicle loan company on a vehicle that was obtained during my marriage is trying to sue me (has filed a civil suit) for amount owed on the vehicle, that vehicle has been repossessed. I have since gotten a divorce and in the divorce decree it states that the plaintiff, who is my now ex-husband,... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 28, 2020

Usually the court order regarding distribution of assets and liabilities is not binding on your creditors. You can contact the lending company and provide them with a copy of the court order and they may, if they so wish, attempt to collect only from your husband, but they are not required to do... Read more »

1 Answer | Asked in Banking on
Q: If I have a joint bank account with someone who dies, would the bank distribute the entire amount among his creditors?

It would be very helpful if someone has some knowledge of Pakistani law regarding this as well. Also I want to know whether this sort of thing happens with a joint current/checking account or a joint savings account. Thank you.

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 28, 2020

Every state has laws regarding this situation. Usually, account holders are able to add a "Payable on Death" (POD) beneficiary to their bank accounts. It could be once beneficiary or several, and the account holder may, in some cases, state the percentage of funds from the account he... Read more »

1 Answer | Asked in Contracts for North Carolina on
Q: We signed a reconstruction contract on 6/18/2020 ( insurance claim). Can we cancel this contract. No work has started..

No work has started on this claim and we would like to look at other options on getting our bathroom room put back together. The company wants to be paid for labor and material cost and expensed incurred as of the date of termination, plus the company's fees of 20% of the entire scope of the... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 24, 2020

You should have an attorney review the contract you signed and look into any applicable laws that may be in your favor. A quick review by an attorney will be less expensive than what the contractor is asking for.

My response provides only general information and is not intended to provide...
Read more »

1 Answer | Asked in Consumer Law and Collections for Washington on
Q: we traded in our SUV for another SUV and dealership hasn't paid off our old loan. It's been 4 months, what can we do?

We traded in our old SUV for a newer one, we still owed about 7k on the old loan, dealership has been dragging on that they have sent the payoff and all paperwork needed to our old loan place, but i'm still getting calls from previous lender saying nothing has been sent and were behind 3... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 24, 2020

You should seek legal counsel immediately. It seems you have been given the round-around by the dealer and this will affect your credit score due to the late payments. If the dealership does not provide you evidence of payment and copy of the paperwork, I would have an attorney contact them... Read more »

2 Answers | Asked in Civil Litigation and Contracts for Florida on
Q: Must plaintiff send a demand letter before filing a Small Claims suit for unfounded contract changes by defendant?

The unfounded changes were made by defendant while plaintiff was in the middle of the contracted job, and made so that defendant could further enrich himself at plaintiff's expense. Thus, plaintiff left the job and sent a bill in lieu of future services that were to be performed by the... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 24, 2020

If you have an executed contract, it would usually require that both parties agree to any changes or modifications. You are not very explicit on details, but it seems you did not agree to the changes your customer demanded and decided to stop the job and send a bill for future services that would... Read more »

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3 Answers | Asked in Contracts for Florida on
Q: Can a cosigner take your vehicle and sell it even though they are not making the payments the buyer is?

My son bought a Jeep and his girlfriend took it and is trying to sell it. She is just the cosigner.

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 23, 2020

If the girlfriend is only the co-signor that means she signed the note (she is legally responsible to the finance company for the car payments).If she is not in the title itself it means that she does not have an ownership interest in the vehicle. If that is the case, she cannot sell the vehicle.... Read more »

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1 Answer | Asked in Contracts and Construction Law for Missouri on
Q: Is the contractor responsible for replacing my pool. They tore it down insurance company approved parts not the pool

Contractor said pool was approved by insurance

Insurance only approved parts contractor never found parts took the pool down anyway and cut the walls in half left the pool debris in my yard said were not responsible for the pool but we could finance a new one through them or fight it out... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 22, 2020

You need to contact an attorney immediately that can look into the contract between you and your contractor as well as local laws that may offer you some protection. Collecting from such a person may be very difficult unless the contractor was licensed and insured. An attorney will be able to look... Read more »

1 Answer | Asked in Banking for Arizona on
Q: what can i do about asking some1 if they could buy me a bus ticket, and they give me their card info. but say i didnt

now they are taking me to court saying i didnt have permission

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 22, 2020

You do no say if you are being sued by the card holder, the credit card company or the bank in civil court, or if criminal charges have been brought against you. If you used someone else's credit or debit card with their permission, and you are able to prove this, then you were authorized and... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law on
Q: A lease with three roommates and three co-signers. Can we write a contract to decrease liability for co signers?

Would this separate contract be legally binding if we get it Notarized? How would we word it?

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 22, 2020

Any modification to the lease agreement and related documents,including the co-signors' guaranty, must be in writing and executed by all parties. This means that the lessor must agree to limit the cosignors' liability and execution must follow any instructions set forth on the lease for... Read more »

1 Answer | Asked in Banking for Texas on
Q: Can a bank close you account and keep your money, when you do not owe them any fees?
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 22, 2020

A bank would not close your account and keep your money without a legal reason. If you have any loans with the bank and have defaulted in payments the bank may debit any sums due from funds available in deposit account. Also, if the bank receives a levy or garnishment, it usually has the right (you... Read more »

1 Answer | Asked in Business Formation on
Q: Must I pay the 2 months salary of I back out of a contract before starting?
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 20, 2020

Can you provide more details? Did you offer employment to someone and want to rescind the offer? If that is the case, rescinding an offer of employment would not fall under "Business Formation"; "Employment Law" would be the appropriate topic so that your question may be better addressed.

2 Answers | Asked in Contracts and Energy, Oil and Gas for Texas on
Q: Someone contacted my Father and his siblings saying that there is a suspense account in the name of a deceased aunt

He said it was regarding royalties to mineral rights on land his grandfather owned with his siblings. Its ringing as a scam to me but there has to be some measure of truth to it im assuming since he seemed to have alot of personal information. How can I verify if this is legitimate? Especially if... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 16, 2020

You do not say for how long your aunt has been deceased. Even though it is probably a scam, you can search abandoned property records in Texas or any other state where she might have had any personal property. States have laws that require what they consider "abandoned" or... Read more »

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1 Answer | Asked in Health Care Law and Contracts for Arizona on
Q: Can a power of Atty be changed while in the hospital
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 16, 2020

As long as the grantor of the power of attorney (POA) has legal capacity and all statutory requirements in Arizona for execution of a POA are followed, it can be done.

When a person is in a hospital it is very important to have written evidence that at the time of execution of the POA the...
Read more »

1 Answer | Asked in Contracts for California on
Q: Would a building repair requirement be considered different than a refurbishment, improvement and/or remodel?

We signed an "as is" provision within a lease amendment of a commercial building. The amendment was to add additional space to the original lease. In order to meet our business needs, we made remodeling improvements to the interior of additional space. As a result of the inspection... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 15, 2020

You should consult with a local attorney familiar with construction law and real estate. Sometimes when you remodel more than certain percentage of the total square footage of the premises you are then require to bring the entire structure up to code. This means that the premises might not have... Read more »

1 Answer | Asked in Banking for Florida on
Q: How do I put a lien on someones bank account?
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 11, 2020

The simple answer is that to put a "lien" on someone's bank account you must have a control agreement between you, the account holder and the bank. This usually serves a security for a loan so there would be additional documents such as a note and an assignment of the account. The... Read more »

2 Answers | Asked in Business Formation and Business Law for Florida on
Q: I am interested in small time reselling and I would like to know if there are any forms And documents I should have
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 10, 2020

If you are going to have any type of business you should incorporate in order to protect your personal assets. Also, you may need certain licenses to operate and you also need to register with the Florida Dept. of Revenue so that you can collect sales tax. Any time you sell something you should... Read more »

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1 Answer | Asked in Business Formation, Contracts and Gaming for Florida on
Q: I need legal advice on hiring, starting an LLC, and creating legally binding contracts for a game development studio.

Hello. I am a game developer looking in to publishing my first big indie game. I have about 9 people working for me in the realm of composing music, creating art, and coding the actual game. Once we publish the game we are going to split the profit. We also want to stat a kickstarter.

Now,... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 9, 2020

Forming the legal entity itself is not expensive but there are many other matters to be taken care of, not only the agreements between the parties involved in the development process, but also copyrights and more. There are attorneys that specialize in this type of start up and can easily provide... Read more »

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