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Questions Answered by Ana Maria Del Valle-Aguilera
2 Answers | Asked in Business Law for Georgia on
Q: So my husband and I owned our own business and with some events we gave back his money he gave to us and what our compay

made he is now using our company name We want him To quit using our name and company name

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jul 6, 2020

As I understand your question, you and your husband owned a business together and you gave him back some money he had given you. Was the money he gave you a payment for your ownership interest in the company? Was there an agreement signed? If you were given a check or a cashier's check, did... View More

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2 Answers | Asked in Consumer Law for Ohio on
Q: If i have an old debt from over 10 years ago where any payment was made and that has an expired judgement from 5 years

ago that was sold to a different company that now using a third party collector that sent a collections letter can id dispute based on sol or no?

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jul 6, 2020

You have certain rights to stop the collector but you must first take the appropriate steps.

You can obtain information regarding your rights and proper steps to follow here: https://www.consumer.ftc.gov/articles/debt-collection-faqs

Good luck.

My response provides only...
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1 Answer | Asked in Banking for Ohio on
Q: If someone makes a large purchase of over 10k and the irs starts investigations but cannot find anything, what happens?

They cant find ANY details on where the cash came from. The person in question denys to answer ANY questions.

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jun 25, 2020

The IRS can issue an IRS Summons to any banking institution involved in the transaction (the bank that received the funds, for example), requesting copies of bank statements, wire transfers sent or received, ACH transactions, etc., and trace where the money came from. Unless it was a cash purchase... View More

3 Answers | Asked in Contracts, Copyright and Intellectual Property for Pennsylvania on
Q: NDA for consultation?

I am paying a physics professor a consulting fee for help with a private entrepreneurial project. I haven't set anything up on my part as a business entity yet. But I want to protect the ideas I share while speaking with the professor during our consulting sessions. Can an NDA do the job, or... View More

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

If you are discussing a possible business venture, I think that the NDA is a must, but you may want to consider entering into an agreement that not only covers the non-disclosure, penalties, etc., but also the terms of the engagement regarding the services, payments, etc. Work made for hire... View More

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1 Answer | Asked in Consumer Law and Identity Theft for New Jersey on
Q: a staff in at&t stole my SSN, bought new phone and opened a new mobile account.

I contacted at&t so the account is canceled, but I'm worried because the person still has my SSN. I asked proper action and compensation to at&t but they offered me $19.99 x 22 months credit.

Do you think I should accept that offer? Or will it worth to sue them?

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

If you are not responsible for the cost of the new phone and the new mobile account, and your SSN has not been used further, you have no current damages to sue for. they are already offering you compensation, but you can also request the company to pay for a credit monitoring service so that you... View More

4 Answers | Asked in Bankruptcy and Banking for Virginia on
Q: Can Chase repo vehicle if credit card defaults, and car loan is paid each month?

I live in VA and have a Chase credit card and a Chase vehicle loan. If I default on my credit card, but remain up to date with my vehicle loan, can they repo the vehicle?

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

You don't say if your vehicle is used for personal or commercial use. Your vehicle could be financed under a personal or a commercial loan and federal consumer protection laws would apply only if you have a personal loan. The loan documents you signed would say if the vehicle (probably... View More

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1 Answer | Asked in Collections and Contracts for Puerto Rico on
Q: Can a law suite and judgement in Puerto Rico for collection of rent for an abandoned apartment be extended to the States

I have a building in Puerto Rico where a tenant recently stopped paying rent and went back to the states. There are 6 months left on the lease and I am trying to decide whether it's worth pursuing in court.

If I am able to get a lawsuit judgment in PR courts can I then extend that... View More

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jun 19, 2020

A judgment from Puerto Rico would be treated as a judgment from any of the 50 states. The judgment creditor would need to follow the procedure required under the laws of the state where property ( or assets such as bank accounts, etc.) has been found, so that the P.R. judgment can be executed in... View More

1 Answer | Asked in Banking for California on
Q: Can i be sued by a bank for a default that happened over 10 yrs ago?

I was contacted saying i am being taken to court by a bank for a default that happened in december of 2010. I do not ever recall having this bank, and cannot find anything on line about it, but they have said they tried to contact me previously which i have never received. Can this "bank"... View More

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jun 19, 2020

You are not saying what type of debt they allege (consumer, commercial, line of credit, credit card), but if the default took place ten years ago and you did not acknowledge the debt during that time, most probably the statute of limitations would not allow the claim to be filed in court, or it... View More

1 Answer | Asked in Banking for New Hampshire on
Q: If I’m the secondary account holder/shared account holder for a bank account do I have equal rights to the funds?

It’s a holy rosary credit union account if that helps

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jun 18, 2020

You need the Terms & Conditions given at the time of account opening (or the latest published version, usually available at branch locations for customers that request it.) Some banks may have it online for download, especially if you have online banking. The account may read "A or B"... View More

1 Answer | Asked in Banking for California on
Q: What type of lawyer do I need for Intestate death laws in California?

My father passed without a will or testament and has a surviving legal spouse, and two alive children. The Ex-Wife of my father had POA before he passed away and transfered all of the funds from his account to her personal accounts. She then notified the bank who closed his accounts only after she... View More

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jun 18, 2020

You need to contact a Estate/Probate attorney. A power of attorney terminates upon the death of the grantor. If there were any transfers of money after the grantor's death you need to obtain evidence of this through a subpoena issued to the bank or banks where the accounts were held. For this... View More

1 Answer | Asked in Consumer Law for South Carolina on
Q: can a a appliance repair company that contracts with a utility company for home service refuse service

Refuse service to renters

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jun 17, 2020

You have not provided sufficient information for a response. Do you have a copy of the contract between the appliance repair company and the utility company? Is the appliance in question covered under the terms of the contract? If it is, I would recommend that you contact your utility company and... View More

1 Answer | Asked in Contracts, Real Estate Law and Business Law for Washington on
Q: How can I ask the court to stop a real estate deal that my business partner is doing from happening?

My business partner and I were to buy a real estate property in seattle. we have a detailed contract between us. However, he has formed a team with 3 other people and is now buying that property. I would like to send a letter to the bank, my partner and the seller that my partner is violating the... View More

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jun 17, 2020

You need to speak with a local attorney that can analyze your situation and provide you with legal advice. When you meet with an attorney, you would need to have with you all documents executed between you and your partner. Did you form a partnership? a limited liability company? a joint venture?... View More

1 Answer | Asked in Consumer Law for Texas on
Q: What can i we do if a dealership had a lean on our car we bought without us knowing

we financed it dealership paid it off without telling us making our payments ahead only kept asking for plates he said he had to do to get the title . Told us to 11000 cash and we did now asking for more money and wont give title to us

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jun 13, 2020

I do not understand if you actually financed the vehicle or if you paid the dealer $11,000 in cash.I presume you purchased a used vehicle and must have received some documentation regarding the terms of the sale, including the price. These documents should be reviewed by a local attorney.... View More

1 Answer | Asked in Business Formation for Indiana on
Q: Do I need to hire a lawyer to help me decipher the laws in Indiana about required masks for teachers?

I have been told it will be required periodically for my job as a teacher.

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jun 13, 2020

You should not need a lawyer for that. Requirements for schools and teachers would be made public and in common English (no legalese). The Dept. of Education has sources available to you. Go to:... View More

1 Answer | Asked in Banking for West Virginia on
Q: Can I as the Durable power.of Attorney for my father ,access his money in his bank accounts I as see best?

I am also the sole.benificery in his will

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jun 13, 2020

A Durable Power of Attorney (DPOA) only means that you may continue to exercise the powers granted under the DPOA even when the grantor (your father) may be sick or legally incompetent. In other words, unless your father terminates it, it would be effective until his death.What powers you are... View More

1 Answer | Asked in Contracts for Alabama on
Q: My aunt says she used wrong deed in signing of the property over to me. She used old deed. Is this still a legal bond?

She is now saying that she used the wrong deed bc she and her late husband had resurveyed the property. So will the property be in my name or still in hers. It was also filed in the courthouse of the same county. It was also a quitclaim deed.

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jun 12, 2020

A real estate attorney can review the quitclaim deed and make sure that the appropriate language to effectuate the transfer was used and the it was correctly filed. From what you are stating in your question it seems the difference between the "ol" deed used and a new one would be the... View More

1 Answer | Asked in Consumer Law for Ohio on
Q: If some one buys a car from dealer ship and sign a as is contract but later find frame damge that was not disclosed

Was not disclosed when purchasing vehicle

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jun 12, 2020

Many car dealers believe that selling a vehicle “as is” prevents the buyer from bringing a lawsuit for defects, but it does not bar all future claims. A transaction may include both implied warranties and express warranties. An “as is” clause disclaims implied warranties only. Any express... View More

1 Answer | Asked in Business Law for Michigan on
Q: Q: XYz plumb. sole prop. lies, states he's after hours phone service for XyZ & Mech. LLC. Recourse for the LLc?

People call the ph. number of xyz plumbing, a sole proprietor, by mistake. They want XYZ plumbing & mechanical LLC. Instead of xyz plumbing telling the person he has the wrong number, XYZ plumbing states falsely he is the "after hours" phone number for XYZ plumbing & mechanical... View More

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jun 12, 2020

First, confirm that XYZ Plumbing is registered to use the assumed name in your state and in your county. Michigan law requires that a sole proprietor or co-partnership file the business name (if different than the real name of the person) at the county clerk's office, and maybe also with the... View More

2 Answers | Asked in Consumer Law and Collections for Tennessee on
Q: I have a creditor that call all day everyday. For months now . Do I have a case
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jun 12, 2020

You don't say if your creditor is calling for past due payments on an existing loan or credit card, to collect on a judgment already obtained against you, or if the calls are from a collection agency, or a purchaser of your debt from the original creditor. There may be other options if you... View More

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2 Answers | Asked in Contracts for Missouri on
Q: Hi, Can I take a contractor to court for misrepresentation?

EMPHATICALLY told him that we do not want to have to clean or tidy anything after the job was finished. He said he was the capable of doing the job as per request. (We are no longer able to do the work. I am disabled, and my husband is 87). Mr Cronin agreed.

Upon completion we went to look... View More

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jun 12, 2020

The answer may depend on the contract you had for the services to be rendered. Even though there is an implied duty of care which should cover damage to adjacent surfaces or property, having a provision for clean-up is always a good idea. In addition, the contract should allow you to withhold a... View More

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